Kiddushin 128
דמוחזק לן באחי ולא מוחזק לן בבני דאמרינן מה לי לשקר מאי קאמר למיפטרה מיבם מצי אמר פטרנא לך בגיטא
to one who is presumed to have brothers but not sons. So we argue. Why should he lie? Why does he say it?to free her from the yabam! Then he could Say, T will free her by a divorce [just before my death].' Now, Rabbi holds that [the argument,] 'why should I lie' is as [strong as] witnesses, so that the witnesses come and cancelthe presumption. But R. Nathan holds, [The argument,] 'why should I lie' is [only] as [strong as] a presumption, and one presumption cannot come and completely cancel another.MISHNAH. IF ONE GIVES HIS DAUGHTER IN BETROTHAL WITH OUT SPECIFYING WHICH, THE BOGEROTHARE NOT INCLUDED. IF ONE HAS TWO GROUPS OF DAUGHTERS BY TWO WIVES, AND HE DECLARES, I HAVE GIVEN IN BETROTHAL MY ELDEST DAUGHTER, BUT DO NOT KNOW WHETHER THE ELDEST OF THE SENIORS OR THE ELDEST OF THE JUNIORS, OR THE YOUNGEST OF THE SENIORS WHO IS OLDER THAN THE SENIOR OF THE JUNIORS, ALL ARE FORBIDDEN, EXCEPT THE YOUNGEST OF THE JUNIORS: THIS IS R. MEIRS OPINION. R. JOSE SAID: THEY ARE ALL PERMITTED, EXCEPT THE ELDEST OF THE SENIORS. I HAVE BETROTHED MY YOUNGEST DAUGHTER, BUT DO NOT KNOW WHETHER THE YOUNGEST OF THE<br> <br> JUNIORS OR THE YOUNGEST OF THE SENIORS, OR THE ELDEST OF THE JUNIORS WHO IS YOUNGER THAN THE YOUNGEST OF THE SENIORS,' THEY ARE ALL FORBIDDEN, EXCEPT THE ELDEST OF THE SENIORS; THIS IS R. MEIRS VIEW. R. JOSE SAID: THEY ARE ALL PERMITTED, EXCEPT THE YOUNGEST OF THE JUNIORS.<br> <br> GEMARA. But minors are [apparently] included; this proves that kiddushin that cannot be followed by intercourse is kiddushin?- The circumstances are that there is only a bogereth and a minor. But 'BOGEROTH' is taught! - By 'bogeroth', bogeroth in general are meant. Then it is obvious: what business have bogeroth [here]?- We refer here to where she [the bogereth] appointed him [her father] an agent. I might have thought that when he accepted kiddushin he did so on her behalf; hence we are informed that a man does not put aside something by which he benefits to do something by which he does not benefit. But do we not refer [even] to where she said to him, 'Let my kiddushin be yours!' - Even so, a man does not put aside a good deed which [primarily] rests on him and perform one which is not incumbent upon him. <br> <br> IF ONE HAS TWO GROUPS OF DAUGHTERS. Now, it is necessary.For if we were told the first one, [I would say only] here does R. Meir rule [so], for since there is yet a younger one than this, he calls this one 'elder', but in the latter [clause], I might say that he agrees with R. Jose that only the youngest of all he calls 'young'. Again, if the latter [clause only] were stated: I would say that only there does R. Jose rule thus, but in the former he agrees with R. Judah.Thus both are necessary.<br> <br> Shall we say that R. Meir holds that a man places himself in a position of doubt, while R. Jose maintains that he does not? But we know them [to hold] the reverse. For we learnt: If one vows, '[This be forbidden me] until Passover,' it is forbidden until it arrives; 'until Passover shall be', it is forbidden until it is gone. 'Until pene [before] Passover': R. Meir ruled: It is forbidden until it comes; R. Jose said: Until it is gone! - Said R. Hanina b. Abdimi in Rab's name: The passage [on vows] must be reversed. And it was taught even so: This is a general principle: That which has a fixed time, and one vows, until' - R. Meir said: It means, Until it goes; R. Jose said: Until it comes.<br> <br> Abaye said: The controversy refers [only] to two groups of daughters; but in the case of one group, all agree that 'elder' and 'younger' are literal, [for] the middle one is called by name. R. Adda b. Mattena said to Abaye: If so,<br>
<big><strong>מתני׳</strong></big> המקדש את בתו סתם אין הבוגרות בכלל מי שיש לו שתי כיתי בנות משתי נשים ואמר קדשתי את בתי הגדולה ואיני יודע אם גדולה שבגדולות או גדולה שבקטנות או קטנה שבגדולות שהיא גדולה מן הגדולות שבקטנות כולן אסורות חוץ מן הקטנה שבקטנות דברי ר' מאיר רבי יוסי אומר כולן מותרות חוץ מן הגדולה שבגדולות