Study Kiddushin folio 9B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
יציאה בעינן לשמה – אף הוייה בעינן לשמה, או דלמא הויות להדדי מקשינן, מה הוייה דכסף לא בעינן לשמה – אף הוייה דשטר לא בעינן לשמה?
we require that the document of leaving, i.e., a bill of divorce, must be written specifically for her sake, so too, we require that the document of becoming betrothed be written for her sake. Or perhaps we juxtapose the different modes of becoming betrothed to each other and say: Just as we do not require that becoming betrothed with money must be carried out with coins minted for her sake, so too, we do not require that becoming betrothed with a document must be with a document written for her sake.
After he raised the dilemma, R' Shimon ben Lakish then resolved it. We juxtapose becoming betrothed to leaving a marriage, as the verse states: “And she departs out of his house, and goes and becomes” (Deuteronomy 24:2). This shows that the halakhot of a betrothal document are derived from those of a bill of divorce, and therefore a document of betrothal must also be written for her sake.
איתמר: כתבו לשמה, ושלא מדעתה – רבא ורבינא אמרי: מקודשת. רב פפא ורב שרביא אמרי: אינה מקודשת. אמר רב פפא: אימא טעמא דידהו ואימא טעמא דידי. אימא טעמא דידהו – דכתיב: ״ויצאה״ ״והיתה״ – מקיש הוייה ליציאה, מה יציאה לשמה ושלא מדעתה, אף הוייה נמי לשמה ושלא מדעתה.
It was stated that amora’im disagreed with regard to the following issue: If a man wrote a document of betrothal for her sake but without her consent, i.e., she did not know at the time that they were writing it but accepted it afterward, Rava and Ravina say: She is betrothed. Rav Pappa and Rav Sherevya say: She is not betrothed. Rav Pappa said: I will say their reason and I will say my reason. I will state their reason, as it is written: “And she departs out of his house, and goes and becomes,” by which the verse juxtaposes becoming betrothed to leaving a marriage. Just as a bill of divorce, written for leaving a marriage must be written for her own sake but can be written without her consent, so too, a document written for becoming betrothed must be written for her own sake and can even be without her consent.