May 292016

Study Guide Kiddushin 79

There is a debate between Rav and Shmuel regarding a case where a father bethrothed a daughter at the same time that the daughter betrothed herself and then it became clear after that the daughter had reached the stage of maturity, which is a stage where the father can no longer betroth her.  Rav says we assume she was already mature when the betrothal of the father took place and therefore she is only betrothed from her own betrothal.  Shmuel holds that she is betrothed to both because we don’t know what her status was at the time of the betrothal.  Two other cases are brought to question Shmuel’s psak – one, a mikveh that was found to be less than the minimum amount and another where wine that was used to separate trumot and maasrot and turned to vinegar.   The gemara then explains why those cases are different.  Then the gemara suggests that there was a tannaitic debate about the same thing but ultimately rejects the suggestion.

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