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Kidushin 002: Kidushin Against A Woman's Wishes
Howard Segal asks:
it seems from the mishna that a woman can be acquired against her
will since koneh would have been the
preferable language ?
please advise
Chaim
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The Kollel replies:
The Gemara states explicitly on 2b that a Kidushin cannot take place
against the will of the woman.The
Gemara learns this from the fact that the Mishanah says ha'Ishah
Niknis and not ha'Ish Koneh. We see that
the expression Niknis denotes that the woman agrees to the Kidushin.
The Ran (on the Rif) explains that
this is because the expression ha'Ishah Niknis implies that the
Kinyan Kidushin is dependent on the
woman, whereas if the Mishnah would say ha'Ish Koneh this would imply
that the Kidushin is dependent on
the man.
Dov Freedman
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