Kiddushin 46A

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Text Excerpt

נראין דברי תלמיד. אמר רבא: מאי טעמא דרב הונא ⁠– הואיל ונעשה בה מעשה יתומה בחיי האב.

Rather, the statement of the student seems reasonable. Although Rav Yirmeya bar Abba was like a student compared with Rav Huna, his opinion makes more sense. Rava said: What is the reason of Rav Huna? Since an action was done with her that renders her like an orphan in the lifetime of her father, she is considered married and may partake of teruma. The fact that her father ignored both her betrothal and her marriage indicates that he has waived his rights to control whom she marries. She is therefore considered like an orphan, whose marriage is valid with her own consent.

איתמר: קטנה שנתקדשה שלא לדעת אביה, אמר רב: בין היא ובין אביה יכולין לעכב. ורב אסי אמר: אביה ולא היא. איתיביה רב הונא לרב אסי, ואמרי לה חייא בר רב לרב אסי: ״אם מאן ימאן אביה״, אין לי אלא אביה, היא עצמה מנין? תלמוד לומר: ״אם מאן ימאן״⁠ – מכל מקום.

§ It was stated that amora’im disputed the following issue: In the case of a minor girl who became betrothed without her father’s consent, Rav says: Either she or her father is able to prevent the betrothal from taking effect. And Rav Asi says: Her father can prevent it but not she, since she initially agreed. Rav Huna raised an objection to Rav Asi, and some say it was Ḥiyya bar Rav who raised an objection to Rav Asi: The baraita states in the case of a seduced woman: “If her father refuses to give her to him, he should pay money according to the dowry of virgins” (Exodus 22:16). The rabbis expounded: I have derived only the halakha that her father can refuse to give her to the seducer in marriage; from where do I derive that she herself can also refuse? The verse states: “If he refuses [ma’en yema’en].” The repetition of the verb indicates that the right of refusal exists in any case. Despite the fact that she was seduced, she can change her mind and say that she does not want to marry him.

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.