Commentary for Kiddushin 87:3
הרי מאמר דמדעתה וקתני בין היא ובין אביה התם במאמר דבעל כרחה ורבי היא דתניא העושה מאמר ביבמתו שלא מדעתה רבי אומר קנה וחכ"א לא קנה
Kiddushin, which requires her consent, [only] her father [can accept it] but not she;<span class="x" onmousemove="('comment',' In general, the consent of the person who cedes the woman is required. In the case of an adult that person is the woman herself; in the case of a na'arah or a minor it is her father.');"><sup>4</sup></span> divorce, which is even against her will, either she or her father [can accept it].<span class="x" onmousemove="('comment',' Seeing that their consent is not necessary, it does not matter who actually accepts the deed.');"><sup>5</sup></span>
Daf Shevui to Kiddushin
This is the same difficulty as above. A na’arah (12-12.5 year old girl) can accept ma’amar (levirate betrothal), even though it requires her consent. Thus, a na’arah can accept something even if she is not legally able to consent.
The Talmud resolves that this opinion accords with Rabbi who said that unlike betrothal, ma’amar can be performed against a girl’s consent. [The main effect of ma’amar is that she will not be able to have yibbum, levirate marriage, with any of the other brothers]. However, the other sages hold that like kiddushin, ma’amar requires consent.
The Talmud resolves that this opinion accords with Rabbi who said that unlike betrothal, ma’amar can be performed against a girl’s consent. [The main effect of ma’amar is that she will not be able to have yibbum, levirate marriage, with any of the other brothers]. However, the other sages hold that like kiddushin, ma’amar requires consent.
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