Commentary for Kiddushin 35:7
יעדה פשיטא גיטא בעיא מהו דתימא לא ליבטלה הילכתא מינה קמ"ל אי הכי אמאי יוצאה בסימנין ה"ק אם לא יעדה יוצאה אף בסימנין :
are not annulled in her case. Hence we are informed otherwise.
Daf Shevui to Kiddushin
Obviously, if the son married her she does not go out as a slave—she is a married woman who would require divorce!
The Talmud responds that this is not so obvious. We might have thought that the same laws remain—therefore the baraita teaches us that they do not.
The Talmud responds that this is not so obvious. We might have thought that the same laws remain—therefore the baraita teaches us that they do not.
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Daf Shevui to Kiddushin
The problem is that if the baraita refers to a case where she was designated, then how can she go out by signs? The Torah explicitly states that if she is designated she does not go out by signs!
The Talmud now has to emend the baraita to make it make sense. She only goes out by signs if he did not designate her. Clearly, this is not the original meaning of the baraita. Indeed, it does seem that the baraita and the mishnah do indeed disagree.
The Talmud now has to emend the baraita to make it make sense. She only goes out by signs if he did not designate her. Clearly, this is not the original meaning of the baraita. Indeed, it does seem that the baraita and the mishnah do indeed disagree.
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