Thursday, November 27, 2008

Transposing the Opinions - Kiddushin Daf 44

It was stated: If a minor accepted kiddushin without the knowledge of her father, Shmuel said: She requires a get and mi’un (A girl whose father had died could be given in marriage while still a minor (under the age of twelve) by her mother or older brother. This marriage is only valid Rabbinically. As long as she has not attained the age of twelve, she may nullify the marriage by refusing to live with her husband. This act of refusal, referred to as mi’un nullifies the marriage retroactively.). Karna asked: If she needs a get, why is mi’un necessary? And if mi’un is needed, why do we require a get?

Other Amoraim replied to him: Mar Ukva and his Beis Din are in Kafri (let’s ask him). They switched the opinions of Shmuel and Karna and sent it to Rav (they did this on purpose, for Rav was a close friend of Shmuel and they wished to see if Rav would agree to Karna’s ruling if it was said in the name of Shmuel). Rav said to them: Hashem! She requires a get and mi’un and Heaven forbid that the son of Abba bar Abba (Shmuel) should say such a thing!

The Reshash asks: How can it be that they would think that Rav would be influenced to rule according to Shmuel, for he was his friend? And besides, Rav and Shmuel argue throughout Shas!? He shows that Rashi elsewhere understands the word “switched” to mean “by mistake.”

Some say that Rashi did not write this, but rather, one of his students mistakenly inserted this explanation into his commentary.

The Reshash also asks: Why doesn’t the Gemora mention what Mar Ukva answered?