Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 37:15

ואמר רבא א"ר נחמן המקדש במלוה שיש עליה משכון מקודשת מדרבי יוסי ברבי יהודה לאו אמר רבי יוסי ברבי יהודה מעות הראשונות לאו לקידושין ניתנו האי הלואה היא והיא גופא משכון היא

This proves that in his opinion the original money was not given as kiddushin.<span class="x" onmousemove="('comment',' For if it were, he could betroth her at any time within the six years.');"><sup>20</sup></span> R'Nahman B'Isaac said: You may even say that it was given as kiddushin, yet here it is different, since Scripture said: 'then he shall let her be redeemed.'<span class="x" onmousemove="('comment',' Which shews that espousal and redemption are interdependent.');"><sup>21</sup></span> Raba said in R'Nahman's name: A man can say to his daughter, a minor, 'Go forth and receive thy kiddushin.' [This follows] from R'Jose son of R'Judah['s dictum]. Did he not say: The original money was not given as kiddushin? Yet when he [the master] leaves her a perutah's worth [of her labour] it is kiddushin;<span class="x" onmousemove="('comment',' Thus, it is she, a minor, who actually receives the kiddushin, and it is valid because in the first place her father, by selling her, authorized her ipso facto to receive it.');"><sup>22</sup></span> [hence] here too It is not different. Raba also said in R'Nahman's name, If a man betroths [a woman] with a debt upon which there is a pledge,<span class="x" onmousemove="('comment',' And he betroths her by her pleasure at his remission of the debt, even if he does not actually return the pledge. The pledge referred to is one voluntarily given when the debt was contracted (Tosaf.) . [Asheri: He betroths her with the debt itself (cf. supra p. 21, n. 9) and nevertheless where it is secured by a pledge it is not regarded as spent, and the betrothal is valid.]');"><sup>23</sup></span> she is betrothed. [This follows] from R'Jose son of R'Judah['s dictum]: did he not say: The original money was not given as kiddushin? [Hence] this [her labour] is a loan,<span class="x" onmousemove="('comment',' I.e., she owes it to her master, as any other debt.');"><sup>24</sup></span> and she herself is a pledge,

Daf Shevui to Kiddushin

Rava derives another halakhah from the ruling of R. Yose son of R. Yehudah. When the father sells her to the master, it is like a loan. The master gives money and the daughter owes the master a certain amount of work. She herself is the collateral, held by the master until she completes the work. And then when he betroths her, he forgives her at least a perutah’s worth of work. So he is essentially forgiving a loan and returning the collateral. So too a man can betroth a woman through a loan she owes him and by returning to her the collateral that he holds.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse