Talmud sur Berakhot 3:5

HALAKHAH: “The people of a town who sold the town plaza,” etc. Rebbi Joḥanan said, this is Rebbi Menaḥem ben Rebbi Yose’s, for Rebbi Menaḥem ben Rebbi Yose said, the town plaza has holiness since one brings a Torah scroll and reads from it in public¹The town plaza has some holiness since it is the place of public prayer in times of draught (Ta`aniot2:1).. But following the Rabbis one treats it like a distance of four cubits⁸As explained in the next paragraph, one may pray everywhere if one is at a distance of 4 cubits from bad smells, excrement, etc. Since the public square is used for prayer on very rare occasions, it is treated as a place of occasional prayer which has no intrinsic sanctity. Babli 26a..

⁵⁵A parallel is in Qiddušin 2:1; the readings there are noted ק.“A preliminarily married adolescent girl⁵¹Between the ages of 12 years and 12 years and six months; cf. Nedarim 10:1, Note 1. Since she is over 12 years of age, she is able to act in law. But since she is not definitively married, she is still under her father’s authority., or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage⁵⁶The rabbis allow the adolescent girl to contract a preliminary marriage; R. Jehudah reserves this right to the father. The same discussion is in the Babli, Qiddušin 43b–44a.. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father]⁵⁷Reading from Qiddušin. The text here has “mother”; but the mother has no say during the father’s lifetime. contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings⁵⁸Since the father has the right to his adolescent unmarried daughter’s earnings, Mishnah Ketubot 4:6. One must assume that R. Simeon ben Laqish holds that the girl must deliver to her father any valuables she received for her preliminary marriage.. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father⁵⁹But an orphan girl or a definitively married one becomes able to act in law (and appoint agents) once she reaches the age of 12 years and one day. and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: ⁶⁰Qiddušin 2:1.“A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state⁶¹Mishnah Giṭṭin 6:3.: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.⁶²While the Mishnah confirms that the girl cannot appoint an agent, it seems to contradict the statement that the adolescent has no standing in law since she is able to accept her bill of divorce.” He explains it about an orphan⁶³Including an “orphan during her father’s lifetime”, cf. Note 20.. But did we not state⁶¹Mishnah Giṭṭin 6:3.: “If her father⁶⁴If the Mishnah speaks about an orphan, there could be no father. said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. ⁶⁰Qiddušin 2:1.“A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.⁶⁵Since this is a sentence in the same Mishnah which stated that a woman may agree to a preliminary marriage, the absence of any mention of the power of the girl implies that she cannot enter a preliminary marriage on her own.” He explains that following Rebbi Jehudah⁶⁶The Babli agrees, Qiddušin 44a., since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan⁶⁷The court denied the right of an adolescent girl to marry on her own initiative.. Can one rely on that⁶⁸There is no name attached to this information; it is impossible to check the standing of the informant in the legal hierarchy.? It was no question of relying on him since it was as from the sea to the frying pan⁶⁹The statement was made immediately after judgment was rendered. For the expression “from the sea to the frying pan” cf. Berakhot 4:5, Note 233; Babli Qiddušin 44a..