Study Kiddushin folio 5A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ומנין שאף בשטר? ודין הוא: ומה כסף, שאין מוציא – מכניס, שטר, שמוציא – אינו דין שמכניס?
The baraita continues to discuss the modes of betrothal: And from where is it derived that a woman can be acquired even by means of a document? The Talmud answers: This is a logical derivation, made by an a fortiori inference: And if money, which does not release a woman from her husband, nevertheless can bring her into a husband’s domain by betrothal, is it not logical that a document, which releases a woman from her husband in the form of a bill of divorce, can bring her into a husband’s domain by betrothal?
מה לכסף, שכן פודין בו הקדש ומעשר שני. תאמר שטר, שאין פודין בו הקדש ומעשר שני, דכתיב: ״ונתן הכסף וקם לו״!
The Talmud refutes this claim: What is unique about money is that it can effect acquisition in many contexts, as one can redeem with it consecrated property and second tithe. Will you say that the same also applies to a document, with which one cannot redeem consecrated property and second tithe? The proof that one may redeem consecrated property only by means of money is that it is written: “And he will give the money and it will be assured to him” (see Leviticus 27:19). Consequently, this halakha cannot be derived by logical reasoning.
אמר קרא: ״ויצאה״ ״והיתה״ – מקיש הויה ליציאה: מה יציאה בשטר – אף הויה נמי בשטר. ואקיש נמי, יציאה להויה: מה הויה בכסף – אף יציאה בכסף!
Therefore, the verse states: “And she leaves his house and goes and becomes another man’s wife” (Deuteronomy 24:2). This verse juxtaposes becoming, i.e., betrothal, to leaving, i.e., divorce. Just as leaving is performed through a document, i.e., a bill of divorce, so too, becoming can be performed through a document. The Talmud asks: And let one also juxtapose leaving to becoming, in the opposite direction: Just as becoming is performed through money, so too, leaving can be effected through money.