May 022016

Abaye and Rava have a disagreement about whether betrothal that cannot be consummated is considered a valid betrothal (meaning that a divorce would or would not be necessary).  Proofs are brought to disprove Rava – some are rejected but in the end Rava is disproven and the gemara notes that this is one of the 6 arguments between Rava and Abaye where we hold like Abaye.  Rav derives 4 halachot from the case in the mishna regarding betrothal.  1. One can betroth with shemita friuts. 2. One cannot betroth with stolen property even stolen from the woman herself.  3. A woman can be a messenger in the betrothal of her husband to someone else.  4. The issue above that Rava and Abaye disagree about.  Some cases are brought where a man betrothed a woman using stolen property or property of someone else in the case where he was a sharecropper and used crops that would ultimately be his.  The mishna discusses betrothal using sacrificial items, hekdesh and maaser sheni.  Rabbi Meir and Rabbi Yehuda disagree about the halacha in these cases.

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