Talmud Bavli
Talmud Bavli

Chasidut for Yevamot 218:14

וסבר רב אי בעל אין אי לא בעל לא והא איתמר קטנה שלא מיאנה והגדילה ועמדה ונשאת רב אמר אינה צריכה גט משני ושמואל אמר צריכה גט משני

that Rab made this statement while he was sleepy and about to doze off;<span class="x" onmousemove="('comment',' Lit., 'while dozing and lying'. ');"><sup>35</sup></span> for it was taught: If a man betrothed a minor, her betrothal remains in a suspended condition. Now, what [is meant by] 'a suspended condition'? Obviously<span class="x" onmousemove="('comment',' Lit., 'not?' ');"><sup>36</sup></span> that as she grows up it grows up with her<span class="x" onmousemove="('comment',' V. supra p. 763 n, 12. ');"><sup>37</sup></span> even though there was no cohabitation.<span class="x" onmousemove="('comment',' V. supra p. 63, n. 13. ');"><sup>38</sup></span> Said Rabin the son of R. Nahman to him: The matter of the betrothal of a minor<span class="x" onmousemove="('comment',' Lit., 'this matter of a minor'. ');"><sup>39</sup></span> remains in a suspended condition. If cohabitation had taken place<span class="x" onmousemove="('comment',' After her majority was attained. ');"><sup>40</sup></span> it is valid, but if no cohabitation had taken place<span class="x" onmousemove="('comment',' After her majority was attained. ');"><sup>40</sup></span> it is not; for [in the absence of such cohabitation] she thinks 'He has an advantage over me<span class="x" onmousemove="('comment',' He can divorce her at any time against her will. ');"><sup>41</sup></span> and I have an advantage over him'.<span class="x" onmousemove="('comment',' She may, according to Pentateuchal law, exercise against him her right of mi'un at any moment. Though she cannot do so according to-Rabbinic law after she produces two pubic hairs, (cf. Mid. 52a and Tosaf. s.v. [H] a.l.), the uncertainty in her mind as to the durability of the union causes it to remain in a suspended condition until kinyan by cohabitation, after she becomes of age, has been effected. ');"><sup>42</sup></span> Is Rab, however, of the opinion that only if cohabitation had taken place is the betrothal valid,<span class="x" onmousemove="('comment',' Lit., 'yes'. ');"><sup>43</sup></span> but if there was no cohabitation it is not? Surely it was stated: Where a minor did not exercise her right of <i>mi'un</i> and, when she became of age, actually<span class="x" onmousemove="('comment',' Lit., 'and stood up'. ');"><sup>44</sup></span> married [another man], Rab ruled: She requires no letter of divorce from her second husband, and Samuel ruled: She requires a letter of divorce from her second husband.<span class="x" onmousemove="('comment',' Keth. 73a. ');"><sup>45</sup></span>

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