Kiddushin 52 - October 4, 19 Tishrei

Today's daf is sponsored by Ira and Natanya Slomowitz in loving memory of their father and father-in-law, haRav Shlomo ben Mashsa v'haRav Dov Tzvi Slomowitz. A final (sixth) source is brought in an attempt to raise a difficulty with Rava's opinion that a betrothal that cannot be consummated is not a betrothal, and this is the only one that is not resolved. The Gemara notes that this is one of the six arguments between Rava and Abaye where we hold like Abaye. Rav derives four halakhot from the case in the mishna regarding betrothal. 1. One can betroth with shemita fruits, even though they are generally only allowed to be eaten. 2. One cannot betroth with stolen property even stolen from the woman herself. 3. A woman can be a messenger in the betrothal of her husband to someone else. 4. The issue above that Rava and Abaye disagree about. The fourth one, Rav wasn't willing to conclude definitively from our Mishna whether it is effective or not as the Mishna can be explained both according to Rava and according to Abaye. A difficulty is raised against Rav regarding betrothing with stolen property as a braita teaches that it is effective. To resolve this, they suggest making a distinction between a case where they had/had not arranged the betrothal before. Three cases are brought where a man betrothed a woman using someone else's property and Rava ruled in each case that the betrothal was not valid as the item was not owned by the man and the original owner did not relinquish his rights to the object. The Mishna discusses betrothal using sacrificial items (a kohen giving his portion of the sacrifice to a woman for betrothal), maaser sheni, and hekdesh.  Rabbi Meir and Rabbi Yehuda disagree about the halakha in these cases. When Rabbi Meir died, Rabbi Yehuda did not allow the students of Rabbi Meir into his Beit Midrash as he was concerned they were only coming to test Rabbi Yehuda. Sumchus anyway pushed his way in and quoted the halakha that Rabbi Meir taught which appears in our Mishna about a kohen betrothing a woman with sacrificial items. Rabbi Yehuda became angry at Sumchus saying, how can there be a case regarding those sacrificial items that can only be eaten in the azara as women do not go to the azara! Rabbi Yosi, feeling the need to make peace, intervened and explained the reality of the case in an attempt to calm down Rabbi Yehuda.