Kiddushin 3B

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Text Excerpt

לא מקניא נפשה.

does not render herself acquired by a man.

מניינא דסיפא למעוטי מאי ⁠– למעוטי חליצה. סלקא דעתך אמינא: תיתי בקל וחומר מיבמה, מה יבמה שאינה יוצאה בגט ⁠– יוצאה בחליצה, זו, שיוצאה בגט ⁠– אינו דין שיוצאה בחליצה? קמשמע לן.

The Talmud asks: The number in the latter clause of the Mishnah, that a woman acquires herself in two ways, serves to exclude what? The Talmud answers that it serves to exclude ḥalitza, i.e., a woman is not released from marriage through ḥalitza. Without this exclusion it might enter your mind to say that this can be derived through an a fortiori inference from the halakha of a yevama, as follows: Just as a yevama, who is not released from the yavam through a bill of divorce, is nevertheless released from him through ḥalitza, with regard to this married woman, who can be released from her husband through a bill of divorce, is it not logical that she can be released from him through ḥalitza? Therefore, the tanna teaches us that a married woman cannot be released from her husband by means of ḥalitza.

ואימא הכי נמי! אמר קרא: ״ספר כריתת״⁠ – ספר כורתה, ואין דבר אחר כורתה.

The Talmud asks: And perhaps one should say that so too, this is the case, i.e., a married woman can be released from marriage through ḥalitza. The Talmud answers: The verse states with regard to divorce: “A scroll of severance” (Deuteronomy 24:3), which teaches: A scroll, i.e., a written document, severs her from her husband, and nothing else severs her from him.

בכסף. מנא לן? ותו, הא דתנן: ״האב זכאי בבתו בקדושיה, בכסף בשטר ובביאה״, מנלן דמיקניא בכסף, וכסף דאבוה הוא?

§ The Mishnah teaches that a woman can be acquired with money. The Talmud asks: From where do we derive that a woman can be acquired through money? And furthermore, with regard to that which we learned in a Mishnah (Ketubot 46b): A father has authority over his daughter with regard to her betrothal, whether it is through money, through a document, or through sex, from where do we derive that she is acquired by her husband with money, and that this money is her father’s?

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.