1)

ONE WHO WAS DECEIVED ABOUT KIDUSHIN [Kidushin :deception]

(a)

Gemara

1.

8a (Beraisa): If one said 'be Mekudeshes to me with these 100 Dinarim', and one of them was copper (instead of silver), she is not Mekudeshes.

2.

Question: If she knew that one was copper, she accepted it!

3.

48b (Mishnah): In the following cases, or vice-versa, she is not Mekudeshes. He said 'be Mekudeshes to me with this cup of wine', and it was found to be honey. He said 'with this silver Dinar', and it was found to be gold. He said 'on condition that I am poor', and he was found to be rich;

4.

R. Shimon says, if he tricked her l'Shevach (he gave to her something worth more than what he said), she is Mekudeshes.

5.

Question: Does R. Shimon argue with the following Mishnah?!

i.

(Mishnah): If the seller said that he is selling wine, and it was found to be vinegar, or vice-versa, either party can retract.

ii.

This is because some people prefer wine, and some prefer vinegar. Here also, some people prefer gold, and some prefer silver!

6.

Answer (Rava and R. Chiya bar Avin): The case is, Leah told a Shali'ach to receive Kidushin from Reuven, who said that he will give a silver Dinar', and Reuven gave a gold Dinar. Chachamim say that Leah was Makpid (insistent) to receive silver. R. Shimon says, Leah merely suggested (that even silver is fine).

7.

49a (Ula): R. Shimon and Chachamim argue only about monetary Shevach. Regarding Shevach lineage, all agree that she is not Mekudeshes. (She does not want one who will be arrogant due to his superior lineage.)

8.

Support (Rav Ashi): The next Mishnah says that if he said 'on condition that I am a Kohen (or Nasin)', and he was found to be a Levi (or Mamzer)', or vice-versa, she is not Mekudeshes. R. Shimon does not argue!

9.

Question (Mar bar Rav Ashi - Seifa): If he said that he has a Megudeles (adult) daughter or Shifchah', and he does not, or vice-versa she is not Mekudeshes.

i.

A Shifchah is monetary. Surely R. Shimon argues (in a case of Shevach, i.e. he really has one)! Rather, R. Shimon argued in our Mishnah, so we know that he argues in the next Mishnah. The same applies to Shevach lineage!

10.

Answer #1: R. Shimon argued about Shevach Mamon in our Mishnah, surely he argues in the Seifa. If he argues also about Shevach lineage, the Mishnah must teach this!

11.

Answer #2: Also the Shifchah is Shevach lineage. 'Megudeles' is a hairdresser. Such a slave can spread stories about her master's wife!

12.

49b (Mishnah): In the following cases (or vice-versa), she is not Mekudeshes. He said that he is a Kohen (or Nasin)', and he was found to be a Levi (or Mamzer). He said that he lives in a (medium) city, or that his house is near the bathhouse, and he was found to dwell in a great city, or his house is far. He said that he has a daughter or Shifchah Megudeles, or children, and he was found not to have.

13.

In all these cases, even if she says 'I intended to be Mekudeshes to him even if it was false', she is not Mekudeshes. The same applies when she tricked him.

14.

50a (Abaye): This last clause teaches that we ignore thoughts in the heart.

15.

Rejection: There, he stipulated. Perhaps thoughts in the heart cannot uproot a stipulation, but normally, they have bearing.

(b)

Rishonim

1.

Rif and Rosh (2:13): The Halachah follows the first Tana. Even if he deceived her about monetary Shevach, she is not Mekudeshes.

i.

Ran (DH Al, citing the Rashba): When his field was not where he said that it is, she objects, for it is tedious to go further. If it was no further than where he said, she is Mekudeshes, for there is no Kepeida (reason to object). The Gemara needed to explain why there is Kepeida to be Mekadesh or divorce in a particular place. If one was Mekadesh on condition that she has no vows or blemishes, only those that men care about annul the Kidushin (Kesuvos 72b). If a Shali'ach to make an Eruv deviated, it is valid if there is no Kepeida.

ii.

Rebuttal (Ran): When he said that his house is far from the bathhouse and really, it is close, the Yerushalmi (2:2) says that she can say that she wanted to enjoy the walk. She can say the same about a field! Also, R. Shimon says that if she was tricked l'Shvach, she is Mekudeshes. The Halachah follows Chachamim; whenever the Tanai was not fulfilled, she is not Mekudeshes.

iii.

R. Yerucham (Nesiv 22 p.188:4): The Ramah says that even if his field is closer than the place he said, she is not Mekudeshes, for even if she was tricked l'Shvach, she is not Mekudeshes. All the more so here, for she can say that she prefers Peros of the place he said.

2.

Rambam (Hilchos Ishus 8:1): In the following cases, or vice-versa, she is not Mekudeshes. One was Mekadesh 'with this cup of wine', and it was found to be honey, 'with this silver Dinar', and it was found to be gold. He said 'on condition that I am poor', and he was found to be rich.

3.

Rashba (1186): If one was Mekadesh 'with this ring', and gave her a different Kli, if she did not see it, she is not Mekudeshes, even if it was worth more than a ring, even if she says that she intended to be Mekudeshes with whatever he would give. If she saw what he gave, presumably she is Mekudeshes, for she accepted it. The Mishnah says that she is not Mekudeshes when he told her that it is wine, and it was found to be honey. It did not teach that she is not Mekudeshes even when she knew! However, perhaps the Mishnah teaches the extremity of R. Shimon, that she is Mekudeshes even when she was tricked l'Shvach. The first opinion is primary. If one was Mekadesh with 100 Dinarim', and she saw that one was copper, she accepted it! The same applies to sales. A case occurred in which Ploni sold land to Rav Papa, and said 'it measures 20 Grivi.' Really, it was 15. Abaye said 'you knew that it was 15, and bought it anyway.' In any case, it is proper to be Mekadesh again, lest she accept Kidushin from someone else, and a Beis Din will be unsure since there is no decisive proof.

(c)

Poskim

1.

Shulchan Aruch (EH 38:24): In the following cases, or vice-versa, she is not Mekudeshes. One was Mekadesh 'on condition that I am rich', and he was found to be poor, 'on condition that I am a Kohen (or Nasin)', and he was found to be a Levi (or Mamzer), 'with this cup of wine', and it was found to be honey.

i.

Beis Shmuel (44): The Yerushalmi says that she is not Mekudeshes when there is Kepeida. If there is no Kepeida, the change does not annul the Kidushin. If he said that he is a Ben Ir (city dweller), and he dwells in a city and in a great city, this is not a change, for he is a Ben Ir. However, why does she care if he has another name in addition to Yosef (Sa'if 33)?

ii.

Beis Shmuel (45): If he said that he gives a silver Dinar and he gave gold, there is Kepeida, for some prefer silver, even if she does not need it for an ornament. Tosfos said that she needs it for an ornament; perhaps this is only according to R. Shimon. If he said 'be Mekudeshes with one Dinar' and he gave two, she is Mekudeshes (Shiltei ha'Giborim and the Maharshal). Even the Ran and R. Yerucham would agree, for there is no change. Beis Hillel compares this to having another name in addition to Yosef.

iii.

Bach (DH ul'Inyan): When he said one and gave two she is Mekudeshes, for one is contained in two.

2.

Shulchan Aruch (ibid.): This is when it was covered, and she realized only later. In all these cases, even if she says 'I intended to accept even if the Tanai is not fulfilled', she is not Mekudeshes. This is whether she or her Shali'ach received the Kidushin. The same applies when she tricked him. Even if he says 'I intended to be Mekadesh her even if she tricked me', she is not Mekudeshes.

3.

Rema: ...Unless she said so explicitly at the time of Kidushin, and he heard and was quiet (then she is Mekudeshes). Similarly, if she tricked him, and he explicitly said 'even if it is not like she says, it should be Kidushin', she is Mekudeshes.

i.

Beis Yosef (DH v'Chosav ha'Ramah): The Ramah, and R. Yerucham in the name of the Rosh, say that if she said at the time of Kidushin 'I accept even if it is false', and he heard and was quiet, she is Mekudeshes. How does it take effect? He was Mekadesh only on Tanai! We must say that since he heard and was quiet, he accepted her words, and was Mekadesh unconditionally.

See also:

Other Halachos relevant to this Daf: