Study Yevamot folio 110A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
מאי לאו, דלא בעל? לא, דבעל. אי דבעל, מאי טעמא דשמואל? קסבר: כל הבועל — על דעת קדושין הראשונים הוא בועל.
What, is it not a case where he did not have sex with her after she reached majority? If so, Rav thinks that even when he did not have sex with her, her marriage is fully realized once she reaches majority. The Talmud rejects this: No, this is referring to a case where he did have sex with her. The Talmud asks: If it is referring to a case where he had sex with her, what is Shmuel’s reasoning? If the first one had sex with her after she reached majority, then the marriage was fully realized. Under such circumstances, the second betrothal would not take effect. The Talmud answers: Shmuel holds that when anyone has sex with a woman he married as a minor, his intention is that the sex is within the framework established by the initial betrothal and is not a new act of acquisition.
והא פליגי בה חדא זימנא, דאיתמר: קדשה על תנאי, וכנסה סתם — רב אמר: צריכה הימנו גט, ושמואל אמר: אינה צריכה הימנו גט.
The Talmud asks: But if this is the basis of the dispute, they already disagreed about this once, as it was stated with regard to the following case: A man betrothed a woman on some condition, and married her without mentioning the condition, and the condition was not fulfilled. Rav says: She requires a bill of divorce from him, and Shmuel says: She does not require a bill of divorce from him.
רב אמר צריכה הימנו גט — כיון דנסבה אחולי אחליה לתנאיה. ושמואל אמר: אינה צריכה הימנו גט, כל הבועל, על דעת קדושין הראשונים הוא בועל!
The Talmud explains: Rav says she requires a bill of divorce from him, for since he married her, he apparently retracted his condition, and is therefore married to her even though the condition was not met. And Shmuel says: She does not require a bill of divorce from him, because anyone who has sex with his wife, his intention is that the sex is within the framework established by the initial betrothal and the condition he set at the time of betrothal still stands. Since it was not fulfilled, the marriage is annulled. If so, Rav and Shmuel already disagreed about this same issue.