A case occurred in which Levi was selling buttons (or glass rings) beaded on strings. Leah asked for a string of them.

Levi: If I give you, will you be Mekudeshes to me?

Leah: Give, give.

(Rav Chama): This does not show consent for Kidushin.

A case occurred in which Reuven was drinking beer in a store, and Rachel asked for a cup of beer.

Reuven: If I give you, will you be Mekudeshes to me?

Rachel: Give to me to drink, give to me to drink.

(Rav Chama): This does not show consent for Kidushin.

Rav Zevid ruled like this in a similar case in which a man was knocking down dates from a tree, and a woman requested some.

Question: What is the law if she said 'give' only once?

Answer #1 (Ravina): She is Mekudeshes.

Answer #2 (Rav Sama bar Riksa): She is not Mekudeshes.

The Halachah is, she is not Mekudeshes.

The Halachah is, silk need not be appraised.

The Halachah follows R. Elazar (8a, that if one gives part of the promised Kidushin money, she is Mekudeshes on condition that he give the rest).

The Halachah follows Rava (8a, that if one gives a security in place of Kidushin money, she is not Mekudeshes).

(Beraisa): A Shtar Kidushin may be written on paper or pottery, even if it is not worth a Perutah. He writes 'your daughter is Mekudeshes (or Me'ureses, or like a wife) to me.'

Question (R. Zeira bar Mamal): This is unlike sale documents. There, the seller writes 'my field is sold to you.' Here, the husband (who is like the buyer) writes the document!

Answer #1 (Rava): Both are learned from verses.

It says about sales "he will sell from his inheritance." The Torah attributes the sale to the seller.

It says about Kidushin "when (a man) Yikach (will take a woman)." The Kinyan is attributed to him.

Question: Another verse says "Yiknu (they will buy) fields with money"!

Answer: We read it Yuknu (will be bought).

Objection: If we read it this way to agree with the other verse, also regarding Kidushin we should read "when Yukach (will be taken to) a man" to conform with "I gave my daughter to this man"!

Answer #2 (Rava): Rather, a tradition from Moshe from Sinai teaches who writes the documents. Chachamim found allusions to the laws from verses.

Answer #3: "I (Yirmiyah, the buyer,) took the sale document" proves that the seller writes it.

(Rava): If a man wrote on paper or pottery, even if it was not worth a Perutah, 'your daughter is Mekudeshes (or Me'ureses, or like a wife) to me', he may give this to her father, or to the girl herself with her father's consent;

This applies only if she is not yet a Bogeres.

If he wrote 'you are Mekudeshes (or Me'ureses, or like a wife) to me', he may give this to her, or to her father with her consent;

This applies if she is a Bogeres.

Question (Reish Lakish): If a Shtar Kidushin was not written Lishmah (for her sake), what is the law?

Do we equate Kidushin to divorce? Just like a Get must be Lishmah, also a Shtar Kidushin;

Or, do we equate the methods of Kidushin? Just like Kidushin money need not be minted Lishmah, a Shtar Kidushin need not be written Lishmah.

Answer (Reish Lakish): We equate Kidushin to divorce - "she will leave... she will be (Mekudeshes)".

(Rava and Ravina): If a Shtar Kidushin was written Lishmah but without her consent, it is valid;

(Rav Papa and Rav Sharbiya): It is invalid.

Rav Papa: We all equate Kidushin to divorce;

Rava and Ravina hold that just like a Get must be Lishmah but may be written without her consent, also a Shtar Kidushin;

I and Rav Sharbiya hold that just like a Get requires the consent of the Makneh (the one who transfers ownership, i.e. the husband), also a Shtar Kidushin requires the consent of the Makneh (the woman).

Question (against Rava and Ravina - Beraisa): Shtarei Erusin and of Nisu'in (i.e. Kesuvos) must be written with the consent of both parties.

Suggestion: Shtarei Erusin is understood simply (they are Mekadesh)!

Answer: No, it refers to documents of commitment;

(Rav Gidal): If the parents of Reuven and Leah promised to each other how much each will give their child, and Reuven was Mekadesh Leah, the verbal promises are legally binding.

(Mishnah): A women is acquired through Bi'ah...

Question: What is the source of this?

Answer #1 (R. Avahu citing R. Yochanan): "Who had Bi'ah with a husband" - he becomes her husband through Bi'ah.

Question (R. Zeira): Why don't you learn like Rebbi?

(Rebbi): "(When a man will take a woman) and have Bi'ah with her" teaches that she is acquired through Bi'ah.

Answer (R. Avahu): From that verse, one might have thought that he must be Mekadesh her and also have Bi'ah. The first verse shows that Bi'ah suffices by itself.

Question (R. Aba bar Mamal): How could one think that he must both Mekadesh her and have Bi'ah? If so, how could one find a (virgin) Na'arah Me'orasah (who is stoned for adultery)?

If her husband was Mekadesh her and had Bi'ah with her, she is not a virgin!

If he was Mekadesh her but did not have Bi'ah, she is not Mekudeshes!

Answer #1 (Rabanan): The case is, her husband had Bi'ah Lo k'Darkah (in the anus) with her after Kidushin.

Rejection (Abaye): All agree that she is not considered a virgin after that. Tana'im argued only about a stranger who had Bi'ah Lo k'Darkah with a virgin;

(Beraisa): If 10 men had Bi'ah Lo k'Darkah with a virgin Na'arah Me'orasah, they are all stoned;

Rebbi says, the first man is stoned, and the others are strangled (for she was not a virgin when they had Bi'ah with her).

Answer #2 (Rav Nachman bar Yitzchak): The case is, her husband was Mekadesh her with a document;

Since a Get divorces by itself, a Shtar Kidushin is Mekadesh by itself.

Question: What does R. Yochanan learn from the verse that Rebbi expounded "and he will have Bi'ah"?

Answer: It teaches that a wife is acquired through Bi'ah, but an Amah is not.

One might have thought that a Kal va'Chomer teaches that an Amah is acquired through Bi'ah. A Yevamah is not acquired through money, but is acquired through Bi'ah. An Amah can be acquired through money, all the more so through Bi'ah!

Objection: One cannot learn from a Yevamah, for she is already partially acquired through the Kidushin of the deceased brother!

Retraction: Rather, one might have thought to learn from acquisition of a wife. "If he will take another wife (in addition to the Amah he married)" equates a slave to a wife. Just like a wife can be acquired through Bi'ah, also a slave;

The verse teaches that this is not so.

Question: How does Rebbi learn this?

Answer: Had the Torah said only "he will have Bi'ah", we would learn only that Bi'ah is Mekadesh. Rather, it wrote "he will have Bi'ah with her", to teach also that Bi'ah acquire a wife, but not a Amah.

Question: Rava learns from "when a man will take a woman and have Bi'ah with her" that if the Kidushin would forbid them to have Bi'ah, it does not take effect. How can Rava explain Rebbi?

Answer: The Torah should have written '...or have Bi'ah with her'. Rather, it wrote "and", to allow us to learn another law.

Question: What does Rebbi learn from "a woman who had Bi'ah with a husband"?

Answer: It teaches that a virgin who has Bi'ah Lo k'Darkah with her husband is no longer considered a virgin. A virgin who has Bi'ah Lo k'Darkah with a stranger is still a virgin.

Question: Rebbi disagrees with this!

(Beraisa): If 10 men had Bi'ah Lo k'Darkah with a virgin Na'arah Me'orasah, they are all stoned;

Rebbi says, the first man is stoned, and the others are strangled.