POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kidushin 45
KIDUSHIN 45 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.
1) A GIRL THAT WAS MEKADESH HERSELF
(a) (A minor was Mekadesh herself to Reuven without her
father's knowledge; Reuven died).
2) CONSENT OF THE FATHER
(b) (Rav Huna): She may do Mi'un (to uproot a Ma'amar of the
Yavam), but she cannot do Mi'un to uproot the (Kidushin
and the) fall to Yibum.
1. If a Yavam gave her a Ma'amar - she needs a Get,
Chalitzah, and Mi'un.
i. She needs a Get - perhaps the father was
pleased with the Ma'amar (which is Kidushin) of
2. If no Ma'amar was given, she only needs Chalitzah.
ii. She needs Chalitzah - perhaps the father was
pleased with the Kidushin to Reuven, but not
with the Ma'amar;
iii. She needs Mi'un - perhaps the father was not
pleased with either (but people may think that
she was Mekudeshes to the Yavam, and if he
tries to Mekadesh her sister, nothing happens -
by requiring Mi'un, people will see that
something is amiss, and will ask Chachamim).
3. Suggestion: Perhaps she should need Mi'un, lest
people think that the Yavam cannot Mekadesh her
4. Rejection: Everyone knows that the prohibition to
marry the sister of one's Chalutzah is only
mid'Rabanan (and mid'Oraisa, she can be Mekudeshes
to the Yavam).
i. (Reish Lakish): A Mishnah teaches that marrying
the sister of an ex-wife is forbidden
mid'Oraisa, marrying the sister of one's
Chalutzah is forbidden mid'Rabanan.
(a) Reuven and Shimon were drinking beer. Reuven gave a cup
to Shimon and said 'Make your daughter Mekudeshes to my
(b) (Ravina): Even Rav and Shmuel, who are concerned that the
father consented to his daughter's Kidushin, they are not
concerned that the son agrees to the father's Kidushin.
3) WHEN THE FATHER IS AWAY
1. Rabanan: Perhaps the son made his father an agent!
(c) A man was Mekadesh a minor in the market with a bundle of
2. Ravina: He would not be so brazen to do so.
3. Question: Perhaps the son told the father that he
wanted to Mekadesh her!
4. Answer (Rabah bar Simi): Really, Rav and Shmuel
would be concerned; Ravina explicitly said that he
does not hold as Rav and Shmuel.
(d) (Ravina): Even Rav and Shmuel are only concerned when the
Kidushin was done honorably, not when it was done
(e) Question (Rav Acha of Difti): What was the disgrace -
that it was done in the market, or that he gave her
1. This will determine the law if he was Mekadesh with
money in the market, or with vegetables in a house.
(f) Answer (Ravina): Each aspect by itself makes it a
(g) A man was arguing with his wife if they would Mekadesh
their daughter to his relative or to hers. After
pressure, he consented that she would marry his wife's
relative. During the meal (to celebrate the Kidushin to
her relative), his relative was Mekadesh her in another
(h) (Abaye): "Yisraelim will not do unjustly or speak
falsely" (surely, the father does not consent).
(i) (Rava): A man does not make a banquet for naught (if he
would agree, the meal was for nothing).
1. If he did not exert himself to make the meal, Rava
would be concerned that he agreed, Abaye would not.
(a) A man agreed to his daughter's Kidushin (to a Kohen), and
went abroad; she had Nisu'in.
(b) (Rav): She may eat Terumah; if the father returns and
protests, she must stop eating.
(c) (Rav Asi): She may not eat Terumah, lest the father
return and protest, for then retroactively, she was
forbidden to eat!
1. A case occurred; Rav was concerned for Rav Asi's
opinion, and was stringent.
(d) (Rav Shmuel bar Rav Yitzchak): Rav admits that if she
dies before the father returns, her husband does not
inherit her - we leave the money in its Chazakah (her
father inherits her, perhaps she was not fully married).
(e) A man agreed to his daughter's Kidushin (to a Kohen); she
had Nisu'in without consulting her father, who was
(f) (Rav Huna): She may not eat Terumah.
(g) (R. Yirmeyah bar Aba): She may eat Terumah.
1. Rav Huna holds that even Rav would admit that she
may not eat - since the father was here, his silence
shows that he is angry and does protests the
(h) A girl became Mekudeshes and had Nisu'in without
consulting her father.
2. R. Yirmeyah holds that even Rav Asi would admit that
she may eat -the father's silence shows that he
accepts the Nisu'in.
(i) (Rav Huna): She may eat Terumah.
(j) (R. Yirmeyah bar Aba): She may not eat Terumah.
(k) Ula: Seemingly, Rav Huna contradicts himself!
1. When the father agreed to the Kidushin, she is
certainly Mekudeshes mid'Oraisa, he says she may not
eat - here, all the more so she should not eat!
(i) (Rava): Rav Huna reason is, since she has acted as an
orphan in her father's lifetime and he remained silent,
this proves that he does not protest.
2. R. Yirmeyah's opinion is better.