The ADBS set edition, an audio series of the Talmud Bavli, focuses on the teachings of Masechet Kiddushin. This series has been generously sponsored by our good friend Mr. Chaimy Dana, may he be protected and live long, in honor of his wife, Bina bat Rivka. We wish for them many years of Shalom Bayit, success, sustenance, health, happiness, and all good things, along with Nachat from their children, and all blessings, amen. Today, we study Daf Mem Dalet, which is being learned for the elevation of the souls of zekeni Yosef ben Sara, marat zekenti Yaffa bat Sara, and Rabbi Avraham ben Ester, may they be placed in the Garden of Eden, amen. This Daf Mem Dalet is also studied for the complete recovery of Moshe ben Dina, Rachma bat Rachel, Sara bat Rachel, and Chaim Tzion ben Ester. May it be Your will, and we say amen.
We begin on Daf Mem Gimel Amud Bet at the two dots, with the statement, "A man sanctifies his daughter." This is actually a quote from the first mishna in the perek. The mishna states, "A man sanctifies his daughter when she is a na'arah." This means that the father can perform the act of sanctification for his daughter when she reaches the age of twelve, even though she has shown signs of maturity. At this age, she is still considered a na'arah, and the father retains the right to accept the kiddushin on her behalf.
The Gemara then references another mishna, stating, "A betrothed girl, she and her father can receive her get." This means that both the girl, who is already engaged, and her father can accept the get. The Gemara continues with the commentary of Rashi, indicating that the same law applies to a ketanah (a minor). The distinction is made to highlight the authority of Rabbi Yehuda's opinion. The Gemara explains that either the girl or her father can receive the get, as a twelve-year-old is considered a gedolah (adult). Therefore, she has the capacity to receive her own get.
Rabbi Yehuda asserts that only the father can accept the get, as he believes that two individuals cannot simultaneously have the right to receive on behalf of one woman. This leads to the conclusion that only the father can accept the get in this case. The Gemara clarifies that if a girl does not have the capacity to safeguard her get, she cannot be divorced, even through her father. This is based on the understanding that she is considered like a shotah (mentally incompetent) and thus cannot be divorced by any means.
The Gemara elaborates further, stating that if a girl cannot safeguard her get, then it is impossible for her to be divorced, even through her father. Rabbi Yitzchak adds that she must be sent away from the house, indicating that if a girl is sent away and does not return, it is a sign of her inability to manage her own affairs.
Continuing the discussion, the Gemara states that just as there is a dispute regarding gerushin (divorce), there is also a dispute regarding kiddushin. Rabbi Yehuda maintains that the father is the only one with the right to accept kiddushin for a na'arah. The Gemara then raises a question about the case of ma'amar, which refers to a woman who is bound to a brother-in-law after her husband dies. In this situation, the Gemara notes that the father can also appoint a shaliach to accept the get on behalf of his daughter.
As the discussion progresses, the Gemara highlights the differences between gerushin and kiddushin in terms of the father's authority. It is established that a na'arah can receive her get but cannot appoint a shaliach to do so on her behalf, as her authority is limited compared to that of her father.
Rav Nachman states that a ketanah who is married without her father's knowledge requires both a get and a miun (rejection) of the marriage. This leads to a discussion about the implications of a girl marrying without her father's consent. The Gemara explains that if the father was aware of the marriage, it could retroactively be considered valid, necessitating a get and a miun to dissolve the union.
The Gemara further discusses the conditions under which a ketanah can make a miun and how that relates to her father's prior involvement in her marriage. The conclusion is reached that a ketanah cannot act independently in matters of marriage without her father's consent, except in specific circumstances where the father's authority is relinquished.
In summary, the Gemara navigates through the complexities of kiddushin and gerushin, highlighting the distinctions between a father's authority and a daughter's capacity to accept or reject marriages. The discussions emphasize the importance of parental involvement in matrimonial matters, particularly concerning minors, and the legal ramifications of their actions within the framework of Jewish law.