Q&A: A Woman Is Acquired
A Woman Is Acquired
Question
The Talmud at the beginning of tractate Kiddushin asks why the Mishnah says “a woman is acquired” rather than “a man acquires.” The answer is that if it had said “a man acquires,” there would have been an initial assumption that a woman can become betrothed against her will. How can such an assumption be understood?
Answer
What’s the problem? She can be divorced against her will, so there could have been an initial assumption that she can also become betrothed against her will.
Discussion on Answer
And therefore that initial assumption is rejected.
Correct. And besides, think about what a woman usually wants more, betrothal or divorce (hint: “better to sit as two than to sit alone”). Also, in the case of a minor girl or a young נערה, her father betroths her.
See Rashba, who explains that the initial assumption is a case where they coerced her until she said, “I want to.”
There’s a big difference. Betrothal restricts her and narrows her freedom, while divorce releases her.