Thursday, August 17, 2023

Take the money and run Kiddushin 4

Although the first way the Mishnah teaches that a man can effect kiddushin is by money, this method is not explicitly mentioned the Torah. Where do the rabbis learn this law? Yesterday’s daf and today’s daf TB Kiddushin 4 cite two different verses which provides the source of this method. The second source is much more straightforward. It provides the contextual definition of the word “take.”

§ The Gemara notes: And a tanna cites the halakha that a woman can be betrothed with money from here, a different source. As it is taught in a baraita that when the verse states: “When a man takes a woman and engages in sexual intercourse with her, and it comes to pass, if she finds no favor in his eyes, because he has found some unseemly matter in her, and he writes her a scroll of severance” (Deuteronomy 24:1), in this verse, the term taking is only with money. And so it says: “I will give money for the field; take it from me” (Genesis 23:13).” (Sefaria.org translation) The field is the field and the cave of Makhpela which Abraham bought as a burial plot for Sarah and ultimately the rest of his family.

  

No comments:

Post a Comment