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Text Excerpt
כי פליגי אליבא דרבי ישמעאל. רבי יוחנן כרבי ישמעאל, וריש לקיש — עד כאן לא קאמר רבי ישמעאל התם אלא דשייך ליה לשיעבודא דאורייתא, אבל הכא לא שייך שיעבודא דאורייתא.
When they disagree, it is in accordance with the opinion of R' Yishmael. R' Yoḥanan stated his ruling in accordance with the simple interpretation of the opinion of R' Yishmael. And Reish Lakish holds that R' Yishmael states his opinion only there, in the case of the guarantor, which relates to an obligation of Torah law, since a guarantor is obligated by Torah law to pay. But here, where the case does not relate to an obligation of Torah law, as the man did not owe any money until he accepted this obligation upon himself, even R' Yishmael would exempt him from paying.
גופא, אמר רב גידל אמר רב: ״כמה אתה נותן לבנך?״, ״כך וכך״. ״וכמה אתה נותן לבתך?״, ״כך וכך״. עמדו וקידשו קנו, הן הן הדברים הנקנים באמירה.
§ The Talmud continues to analyze the matter itself mentioned earlier: Rav Giddel said that Rav said: When two families negotiate the terms of marriage for their respective children and one side says to the other: How much do you give your son? And the second side answers: Such and such amount. How much do you give your daughter? And the first side responds: Such and such amount. Then, if the son and daughter arose and performed the betrothal, all of these obligations are acquired and therefore binding. These are among the things that are acquired through words alone, without the need for an additional act of acquisition. The Mishnah is referring to a document that records such an agreement.
אמר רבא: מסתברא מילתא דרב בבתו נערה — דקא מטי הנאה לידיה, אבל בוגרת דלא מטי הנאה לידיה — לא.
Rava said: Rav’s statement is reasonable in a case of a father whose daughter is a young woman, since the father derives benefit from this betrothal. The money given by the groom for the betrothal, as well as the rights to the bride’s marriage contract, belong to the father of the bride. Consequently, he accepts through verbal agreement alone the obligation to pay the money he specified. However, in the case of a grown woman, where the father does not derive benefit from the betrothal because the rights to the betrothal money and marriage contract belong to the woman herself, no, the father does not become obligated to pay the money he specified through verbal agreement alone.