משנה
משנה

תלמוד על יבמות 3:5

Jerusalem Talmud Kiddushin

“From today and after 30 days.” Rebbi Abbahu in the name of Rebbi Joḥanan: Even preliminary marriages of a hundred men apply to her50This refers to the case where a sequence of men said: “from now and after 30 days,” cf. Note 3. In this case, she is married to none of them completely; cf. Yebamot 3:5, Notes 102–105 (5:1, end; Nedarim 10:6 Note 59); Babli 60a.. Rebbi Eleazar said, it was necessary [to state], even if the second preliminarily married her absolutely51The interpretation of R. Abbahu is not the only one possible. Since the Mishnah mentions the condition “from now and after 30 days” only for the first man, it is quite possible that the second marries her unconditionally. Then no other man can join the list of suitors but nevertheless the woman is still “married and not married”.. Rebbi Isaac bar Tebele asked before Rebbi Eleazar: As you take it52מַה נַפְשֵׁךְ is a technical term implying that a certain conclusion follows from two mutually exclusive premises.; what the first acquired, he acquired; the remainder the second finished53This elliptic statement can be explained as follows (R. Moses Margalit): If the statement of the first groom, “from today and after 30 days”, means that he requires 30 days to make up his mind and might annul the preliminary marriage, then it is obvious that the second contracted a valid marriage and the first is eliminated. But if “from today and after 30 days” means that he wants to be married now but his obligations start only after 30 days, the first acquired the right to preliminarily marry the woman after 30 days. If now the second man marries her unconditionally within the thirty days, which the first cannot hinder, his acquisition should have eliminated the option which the first had acquired.. He answered, is this kind of argument applicable to incest prohibitions54Incest and adultery prohibitions are so serious that no kind of intellectual acrobatics is applicable to them.? How is that? To any woman who is not acquired by one man only, even preliminary marriages of a hundred men apply.
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