Talmud Bavli
Talmud Bavli

Reference for Yevamot 219:3

רב אמר צריכה הימנו גט כיון דנסבה אחולי אחליה לתנאיה ושמואל אמר אינה צריכה הימנו גט כל הבועל על דעת קדושין הראשונים הוא בועל

requires from him a letter of divorce; and Samuel ruled: She requires no letter of divorce from him. 'Rab ruled: She requires from him a letter of divorce', because as soon as he marries her he undoubtedly dispenses with his condition.<span class="x" onmousemove="('comment',' And valid kinyan is effected by their first cohabitation. ');"><sup>9</sup></span> 'And Samuel ruled: She requires no letter of divorce from him', because one who performs cohabitation does so in reliance on his first betrothal!<span class="x" onmousemove="('comment',' Which was invalid; v, Keth. 72b. Why then should they dispute the same point again? ');"><sup>10</sup></span> — [Both disputes were] necessary. For if the former<span class="x" onmousemove="('comment',' Lit., 'that'; the dispute concerning a minor who did not exercise her right of mi'un, cited from Keth. 73a. ');"><sup>11</sup></span> only had been stated, it might have been assumed that Rab adheres to his opinion there only because no condition<span class="x" onmousemove="('comment',' This is the reading of Rashi, following the version in Keth. 73a. The reading of cur. edd. is given infra p. 766, n. 6. ');"><sup>12</sup></span> was attached [to the betrothal]<span class="x" onmousemove="('comment',' And the husband was obviously anxious to give the union all the necessary validity. Being well aware that the betrothal of a minor is Pentateuchally invalid he naturally 'betroths' her again by cohabitation as soon as she becomes of age. ');"><sup>13</sup></span>

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