Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : both men who might have betrothed her give her a bill of divorce in order to render her permitted to marry someone else. And if they wish and agree between them, one gives a bill of divorce and the other marries her.

Traduction française en préparation — version anglaise (Steinsaltz) : And similarly, with regard to a woman who authorized her agent to betroth her and she then went and betrothed herself to someone else, if her own betrothal preceded that of the agent, her betrothal is a valid betrothal, and if that of her agent preceded hers, the agent’s betrothal is a valid betrothal. And if they do not know whose betrothal came first, both men who may have betrothed her give her a bill of divorce. And if they wish, one may give a bill of divorce and the other marries her.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: And it is necessary to state this halakha with regard to one who betroths his daughter as well as with regard to a woman who betroths herself. As had the mishna taught us this halakha only with regard to the father himself, one might say that it is because a man is expert with regard to lineage, and his decision to betroth his daughter on his own after having appointed an agent must have been due to the superior lineage of the man that he found willing to marry her. But with regard to a woman, who is not expert with regard to lineage, one might say her betrothal should not be considered a valid betrothal, as she still intends for her agent to be able to accept betrothal for her from a man with superior lineage.

Traduction française en préparation — version anglaise (Steinsaltz) : And conversely, had the mishna taught us this halakha only with regard to the woman herself, one might say that it is because a woman is particular about whom she marries, i.e., she is careful when selecting a husband for herself. Therefore, she would have chosen the partner she deems most suitable and would not want the agent to act on her behalf after she had found someone on her own. But with regard to the father, one might say that he does not care to the same extent, and he may authorize the agent to act in any case. Therefore, it is necessary for the mishna to include both cases.

Traduction française en préparation — version anglaise (Steinsaltz) : § It was stated that the amora’im discussed the following question: If her father betrothed her on the way, when he was traveling, and in the meantime she betrothed herself in the city, and she is now a grown woman, Rav said: She is a grown woman at present, and her father cannot currently betroth her. Therefore, even if he did betroth her at some point, his betrothal is assumed not to have taken effect. And Shmuel said: We are concerned with regard to the betrothal of both of them.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies the case: When did the father’s betrothal occur? If we say it occurred during the six months when the daughter was no longer a minor and had the status of a young woman, in that case would Rav say: She is a grown woman at present? It is reasonable to say that it is only now that she has reached her majority, i.e., assumed the status of a grown woman, and in that case her father’s betrothal should take effect, since a father can betroth his daughter when she is a young woman. Rav would not rule that the father’s betrothal is disregarded. Rather, perhaps it occurred after the six months had elapsed since she became a young woman. In that case would Shmuel say: We are concerned with regard to the betrothal of both of them? But doesn’t Shmuel say: The difference between the status of a young woman and the status of a grown woman is six months alone, after which the girl has the status of a grown woman, which means her father can no longer betroth her?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: No, it is necessary in a case where he betrothed her on the day that these six months were completed. Rav said: She is a grown woman at present. There is therefore a presumption that since she is now a grown woman, she was also a grown woman when her father betrothed her in the morning. And Shmuel said: Perhaps it is only now that her signs indicating puberty came, but she might have still been a young woman when her father betrothed her.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And according to Shmuel, in what way is this case different from the case of a ritual bath? As we learned in a mishna (Mikvaot 2:2): With regard to a ritual bath that was known to have contained the requisite forty se’a of water, which was then measured and found deficient in its quantity of water, what is the halakha? All pure items whose purification had been performed in it, i.e., any impure items that had been purified through immersion in this ritual bath, retroactive to when the ritual bath was last measured, whether this ritual bath is found in the private domain or in the public domain, are impure. This indicates that the current situation, i.e., the deficient ritual bath, is presumed to extend back until when it was known with certainty to have contained the requisite amount of water. In this case too, the woman should be considered a grown woman at the time of the first betrothal, and the second betrothal should not take effect.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: There, in the case of a ritual bath, it is different, since it can be said: Maintain an impure item in its presumptive status and say that it was not properly immersed. There, the presumptive status of the item being ritually impure is supported by the current state of the ritual bath, which is now deficient.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara continues to compare the two cases: On the contrary, it could be said: Maintain the ritual bath in its presumptive status, that it was known to have previously contained the requisite forty se’a, and say that it was not deficient at the time of the immersion and that the items should be considered ritually pure. The Gemara answers: There is a deficient ritual bath at present, which counteracts the presumptive status that it contained the requisite forty se’a. The Gemara asks: Here too, there is a grown woman before you, which should counteract the fact that she was previously a young woman. The Gemara answers: In this case, it is only now that she has reached her majority. The Gemara asks: There too, in the case of a ritual bath, one can also say it is only now that it has become deficient. Perhaps it contained the requisite forty se’a shortly beforehand.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara responds: There, in the case of the ritual bath, there are two reasons to weaken the possibility that the items are ritually pure: First, there is a deficient ritual bath at present; second, the item has a presumptive status of impurity. Here, by contrast, there is only one reason to weaken the possibility that she was a young woman at the time of the betrothal, i.e., the fact that she is now a grown woman. Shmuel therefore maintains that her earlier status of young woman is not nullified, and both betrothals must be taken into account.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara poses another question: And according to Shmuel, in what way is this case different from the case of a barrel? As it is taught in a baraita (Tosefta, Terumot 2:8): If one would inspect the contents of a barrel to see if it still contained enough wine to continually mentally separate teruma from it to exempt other untithed wine he had, until all the wine in that barrel would be teruma and would be given to a priest, and afterward the contents of the barrel were found to be vinegar, which cannot be set aside as teruma for untithed wine, then all three days after he had last inspected it is definitely viewed as having been wine, and any untithed wine for which teruma was separated during those days is tithed. From then onward, more than three days after the previous inspection, it is uncertain as to whether it had already turned to vinegar, and any untithed wine for which teruma was separated during those days is not tithed.