Commentary for Kiddushin 25:1
Daf Shevui to Kiddushin
Rava uses this baraita to prove that silence after accepting the money is not akin to consent. There are two situations in the baraita:
1) He says he is giving her the money as a deposit and then changes his mind and say it is kiddushin money. If she accepts the money, she is betrothed, even if she does not say yes. This is because she knows it is kiddushin before she accepts it.
2) He gives her the money as a deposit and then says it is kiddushin. If she accepts the proposal, she is betrothed. But if all she does is remain silent, she is not betrothed. Since she did not know what it was before she accepted it, she needs to have an active affirmation of her acceptance.
This is how Rava learns that silence after accepting the money is not legally significant. On the other hand, silence before receiving the money is legally significant. The very act of taking the money from the husband counts as kiddushin.
1) He says he is giving her the money as a deposit and then changes his mind and say it is kiddushin money. If she accepts the money, she is betrothed, even if she does not say yes. This is because she knows it is kiddushin before she accepts it.
2) He gives her the money as a deposit and then says it is kiddushin. If she accepts the proposal, she is betrothed. But if all she does is remain silent, she is not betrothed. Since she did not know what it was before she accepted it, she needs to have an active affirmation of her acceptance.
This is how Rava learns that silence after accepting the money is not legally significant. On the other hand, silence before receiving the money is legally significant. The very act of taking the money from the husband counts as kiddushin.
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