A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Kiddushin 60A - 60B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
October 9, 2006
Duration
44:17

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The discussion begins with an analysis of a halachic dilemma presented by Rav. Rav considered a case where a man says to a woman, "You are consecrated to me from today, or after thirty days." This phrasing creates a doubt (safek): does the man intend for the consecration to take effect immediately, or only retroactively after thirty days? This ambiguity forms the basis of Rav's doubt.

To illustrate this, consider three individuals who consecrate the same woman. The first man says, "You are consecrated to me after thirty days." The second man says, "You are consecrated to me after twenty days." The third man says, "You are consecrated to me after ten days." In such a scenario, Abaye rules that the woman requires a bill of divorce from the first man and the third man, but not from the middle man. The Gemara then seeks to understand the reasoning behind Abaye's ruling.

The resolution hinges on how Rav's doubt is interpreted: is the statement "from today, or after thirty days" a condition (tenai) or a retraction (chazara)?

If it is a condition, it means that if the condition is met, the consecration takes effect retroactively from the moment it was uttered. In this interpretation, the first man's consecration would be valid because he made his statement first. Since a woman can only be consecrated to one man, the subsequent consecrations by the second and third men would be invalid. Therefore, she would only need a bill of divorce from the first man.

Conversely, if it is a retraction, it means the man initially intended "from today" but then retracted, clarifying he meant "after thirty days." In this case, the consecration only takes effect at the later specified time. So, the first man's consecration would only take effect after thirty days. The second man's consecration would take effect after twenty days (earlier than the first). The third man's consecration would take effect after ten days (earliest of all). Therefore, the third man's consecration would be valid, and she would only need a bill of divorce from him.

Since Rav's statement presents a doubt between these two interpretations, and we do not know which one he intended, the woman is considered to be in a state of doubtful consecration (kiddushin safek) with both the first and third men. This explains why she needs a bill of divorce from both of them, but not from the second man, who is never the sole valid consecrator under either interpretation.

The Gemara questions Abaye's need to explicitly state this ruling, arguing it should be obvious once Rav's doubt is known. Rava responds that one might have mistakenly thought Rav's doubt implied that the statement "from today, or after thirty days" could sometimes mean "from today" and sometimes "after thirty days," depending on the individual. If this were the case, and each man could have a different intention (one a condition, one a retraction), then the woman might require a bill of divorce from all three. For example, if the first man intended a retraction (his consecration pending until thirty days), the second man intended a condition (his consecration effective retroactively from twenty days), and the third man intended a retraction (his consecration pending until ten days), then the second man's consecration would be valid, and she would need a bill of divorce from him. Abaye clarifies that this is not the case; Rav's doubt is about the meaning of the phrase itself, not about arbitrary individual intentions. Thus, if it's a condition for one, it's a condition for all; if it's a retraction for one, it's a retraction for all.

Rabbi Yochanan offers a different perspective. He states that even if a hundred men consecutively consecrate the woman with such a phrase, she is considered doubtfully consecrated to all of them. The Gemara explains Rabbi Yochanan's logic using the analogy of a pile of bricks. Just as bricks are staggered to create stability, each man's consecration leaves "room" for the next. This implies a gradual, partial consecration. The first man's statement, "from today until thirty days," means his consecration begins immediately but is not fully complete until thirty days, leaving an interim "space" for another man's consecration to also take effect. Each subsequent man takes a "piece" of the consecration, ensuring that she is doubtfully consecrated to all of them.

Lev Chanina raises a challenge against Rabbi Yochanan from a case involving a bill of divorce (get). If a man says, "This is your bill of divorce from today, or after my death," and then dies, there is a doubt whether it is a valid bill of divorce. If it is a valid bill of divorce, then she is divorced and does not need to perform yibum (levirate marriage) or chalitza (a ceremony releasing her from yibum). If it is not a valid bill of divorce, she is bound to yibum. However, since there's a doubt, she performs chalitza out of doubt (chalitza mi'safek). This ruling is consistent with Rav's approach, where a doubt about the meaning of the statement leads to a doubtful status.

However, Lev Chanina argues this poses a problem for Rabbi Yochanan. If a bill of divorce is a gradual process, as Rabbi Yochanan suggests for consecration, then a bill of divorce that leaves "room" (mishayir ba) would not be a valid bill of divorce at all, because a bill of divorce must be a conclusive severance. Therefore, if the bill of divorce is invalid, there should be no doubt; she should be obligated to perform yibum. Why, then, does the ruling require chalitza mi'safek?

Rava attempts to resolve this by suggesting that a bill of divorce's function is to release (lehotzi) the woman, and death also releases her. Thus, the death completes what the bill of divorce initiated. However, Abaye refutes this, arguing that a bill of divorce releases her from the levir (yabam), while death brings her into the domain of the levir. These are contradictory functions and cannot be combined.

The Gemara then offers a different resolution: the requirement for chalitza mi'safek in the case of "from today, or after my death" is a rabbinic decree (gezera). This decree is made to prevent people from mistakenly allowing yibum in a different case: where a man clearly states, "from today, if I die, this is your bill of divorce." In this latter case, the bill of divorce is certainly valid, and yibum would be forbidden (as she is a divorced woman). To prevent this grave transgression, the Rabbis decreed that even in the doubtful case of "from today, or after my death," chalitza should be performed, even though by Torah law, yibum might be required.

The Gemara then asks why the decree isn't made in the opposite direction. Why not decree that in the clear case of "from today, if I die, this is your bill of divorce," she should perform chalitza, to prevent people from not performing yibum in the doubtful case where it might be required? The response is that we fear that if chalitza is performed in a case where there is a definite bill of divorce, people might mistakenly think yibum is permissible, leading to a definite transgression. However, in a case where yibum is permissible by Torah law (as in the doubtful case where the bill of divorce is invalid), we are not concerned that performing chalitza might lead to yibum, because yibum is not a transgression in that context. Therefore, the decree is made only where it prevents a definite transgression.

The discussion shifts to a Mishnah concerning conditions in consecration. If a man gives a woman a coin (peruta) and says, "You are consecrated to me on the condition that I give you two hundred zuz," she is immediately consecrated with the coin, but he must fulfill the condition of giving her the two hundred zuz. If he says, "You are consecrated to me after thirty days, on the condition that I give you two hundred zuz," and he gives the money within thirty days, she is consecrated. If he says, "You are consecrated to me on the condition that I have two hundred zuz," she is consecrated if he indeed has the two hundred zuz. If he says, "You are consecrated to me on the condition that I show you two hundred zuz," she is consecrated if he shows them to her.

The Gemara analyzes the first case: "on the condition that I give you two hundred zuz." Rav Huna states that the consecration takes effect immediately (vi'hittitin), meaning from the moment the coin is given, and the condition can be fulfilled later. Rabbi Yehuda, however, holds that the consecration only takes effect when the two hundred zuz are given (le'kash'yitin). The practical difference between these two opinions arises if another man consecrates the woman in the interim. According to Rav Huna, she is already consecrated to the first man, so the second consecration is invalid. According to Rabbi Yehuda, she is not yet consecrated, so the second consecration could be valid.

This same dispute exists regarding a bill of divorce. If a man says, "This is your bill of divorce on the condition that you give me two hundred zuz," is she divorced immediately, or only when she gives the money? The Gemara asks why both cases (consecration and divorce) are needed, as the underlying dispute seems identical. It explains that each case teaches a unique aspect. One might think that in consecration, Rav Huna would rule for immediate effect because we want to expedite the consecration. But in divorce, where we want to distance the woman, he might rule for a later effect. Therefore, the Mishnah teaches that even in divorce, Rav Huna holds for immediate effect. Conversely, one might think that in divorce, the man is not embarrassed to demand the money, so the divorce takes effect immediately. But in consecration, the woman might be embarrassed to demand the money, so the consecration only takes effect when she actually receives it. The Mishnah teaches that even in consecration, where the woman might be embarrassed, the consecration takes effect immediately.

A Baraita supports Rav Huna's view, stating that if a man gives a bill of divorce on the condition that the woman gives him two hundred zuz, and then he dies, and she subsequently gives the money, she is divorced and does not need yibum. This indicates a retroactive divorce. The Gemara clarifies that this Baraita reflects the opinion of Rabbi, who holds that the phrase "on the condition that" (al menat) always implies immediate effect (me'achshav). The Rabbis, however, dispute this, holding that al menat does not necessarily imply immediate effect. The Gemara explains that the dispute between Rabbi and the Rabbis is specifically about the phrase "from today, or after my death," where Rabbi views it as a definite bill of divorce (vadai get) and the Rabbis view it as a doubtful bill of divorce (safek get). The Gemara concludes that the Baraita's ruling is meant to show the leniency of Rabbi's opinion, that even in the case of "from today, or after my death," he considers it a definite bill of divorce, not just in cases of al menat.

The Mishnah then presents the case of "You are consecrated to me, on the condition that I give you two hundred zuz from now until thirty days." If he gives the money within thirty days, she is consecrated; otherwise, not. The Gemara questions the obviousness of this rule. It explains that one might have thought the thirty-day limit was merely an incentive for the man to pay quickly, and not an essential part of the condition. The Mishnah teaches that the thirty-day period is indeed a strict condition.

Next, the Mishnah discusses, "You are consecrated to me, on the condition that I have two hundred zuz." She is consecrated if he has the money. The Gemara asks how this is ascertained. It clarifies that two witnesses must testify that he possesses the money. The Gemara then asks if she is consecrated even if no witnesses come forward, based on the possibility that he might indeed have the money. A Baraita is cited that suggests one should suspect he has the money. The Gemara resolves this by distinguishing: if witnesses testify, it's a definite consecration (kiddushin vadai); if no witnesses, it's a doubtful consecration (kiddushin safek).

The Mishnah continues with, "You are consecrated to me, on the condition that I show you two hundred zuz." The Gemara states that he must show his own money, not money belonging to others. This is obvious, as the woman's intention is that he possesses the wealth. Even if he is a money changer and shows money entrusted to him for business, it is not considered his own, and the consecration is invalid.

Finally, the Mishnah addresses, "You are consecrated to me, on the condition that I have a beit kur of land." A beit kur is a large area of land. If he has it, she is consecrated. The Gemara reiterates the same logic as with money: two witnesses must testify to his ownership for a definite consecration; otherwise, it's a doubtful consecration. The Gemara asks why this ruling is repeated for land, given it was already stated for money. It explains that money can be hidden, so witnesses are crucial. Land, however, is visible, and its ownership is typically known. One might think that if no one speaks of him owning land, he does not have it. Therefore, the Mishnah teaches that even for land, we must suspect he might own it, even without public knowledge.

The Mishnah further states, "on the condition that I have the field in this place." If the field is in that place, she is consecrated. This is also obvious. The Gemara asks why this is taught. One might think that the location of the field is irrelevant, as he can always bring the produce to her. However, the Mishnah teaches that the woman's desire for the field to be in a specific, presumably convenient, location is a valid condition. If he shows her a field in a valley, she is not consecrated if it's not his own. Even if he is a sharecropper and profits from the field, it is not considered "his" beit kur for the purpose of this condition, as she expects full ownership.