More Discussions for this daf
1. Tosfos DH Perat 2. Onshin Min ha'Din 3. Eishes Katan
4. סנהדרין נב. שני חוטין וכו׳ ונחלקו לארבע 5. סנהדרין נב. ונילף מפרים הנשרפים
 DAF DISCUSSIONS - SANHEDRIN 52
1. Joshua Danziger asks:

Hello kollel!

The Gemara mentions "eishes katan" in its discussion. I was under the impression that there's no such thing as kiddushin by a katan (i asked a q on it once on the grounds of "daas acheres makneh").

My q is, is the Gemara referring to the case of a minor yavam? Or how else could we have an "eishes katan"?

Thank you and good shabbos,

Josh

2. The Kollel replies:

Shalom R' Danziger,

Great to hear from you. Hmm, from your question, it is not clear to me whether you are asking before or after you have looked at the Rashi on 52b DH Perat l'Eishes Katan. He writes that this is exactly what we are being taught: There is no such thing as Kiddushin for a Katan.

Warmest regards,

Yishai Rasowsky

3. Josh asks:

Rav yishai, thank you. My question is that bc the Gemara comes to exclude eishes katan, I thought it meant there is such a thing as eishes katan, just that it's not the scenario we're discussing. So since a katan can't get married, I was trying to think of how there could be situation where there is an "eishes katan" and the only one I came up with was yibum.

4. The Kollel replies:

Shalom Josh,

I see now that Tosfos offers an interpretation along just your line of thought. Baruch Shekivanta!

I agree with your original straightforward reading of the Gemara. And I believe that your question was right on the money. Seemingly Rashi was also bothered by this, and that is why he offered his novel interpretation that Chazal's Derasha itself is telling us that there is no such thing as Kidushin for a Katan.

But Tosfos (52b DH Perat l'Eishes Katan), which I had overlooked until now, wishes to remain closer to the simple reading of the Gemara, and therefore maintains that, in fact, there can exist a marriage-like relationship with a Katan. His gives two examples: First, if a father buys an Amah Ivriyah and then designates her for his own son who is a Katan; and second, your case, where a nine year old boy was with his Yevamah. The Derashas Chazal is telling us that even in such cases there is no Chiyuv if another man is with the Katan's "wife".

I see now, after Tosofos pointed it out, that this issue is actually a Gemara in Kidushin 19a (the discussion there between Reish Lakish and Rebbe Zeira).

Warmest regards,

Yishai Rasowsky