Commentary for Kiddushin 38:10
אלא אמר רב אחא בריה דרבא משל לר' יוסי בר' יהודה פשיטא
But the Sages maintain: If he wishes to designate her, he can do so. This may be compared to a man who declares to a woman, 'Behold, thou art betrothed unto me after thirty days,' and another man comes and betroths her within the thirty days, then she is betrothed to the second.<span class="x" onmousemove="('comment',' Rashi and Tosaf. differ here as in the preceding passage.');"><sup>10</sup></span>
Daf Shevui to Kiddushin
In the parable, the master is analogous to the first man and the man to whom the father betrothed her is analogous to the second one. The parable does not work for the opinion of the sages, for they say that the master can designate her even though the father betrothed her to someone else. Thus the betrothal of the second person does not work.
Thus the parable accords with the opinion of R. Yose son of R. Yehudah. He holds that the sale is not akin to betrothal and therefore the father can betroth her to someone else. So too, a man who says “behold you are betrothed to me after thirty days” has not betrothed her until the thirty days are over.
The parable teaches us that even though when buying the girl the master did not state that his kiddushin would not begin until he designates her, this is still like a case of a man who states “behold you are betrothed to me after thirty days.” She is not betrothed until the master actually designates her and if someone else betroths her in the meanwhile, she is betrothed.
Thus the parable accords with the opinion of R. Yose son of R. Yehudah. He holds that the sale is not akin to betrothal and therefore the father can betroth her to someone else. So too, a man who says “behold you are betrothed to me after thirty days” has not betrothed her until the thirty days are over.
The parable teaches us that even though when buying the girl the master did not state that his kiddushin would not begin until he designates her, this is still like a case of a man who states “behold you are betrothed to me after thirty days.” She is not betrothed until the master actually designates her and if someone else betroths her in the meanwhile, she is betrothed.
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