Thursday, September 8, 2016

A Change Of Heart

לזכות לאה אסתר בת פרימט

Reish Lakish holds [Kiddushin 59] that once a shaliach is appointed to receive kiddushin and then the woman decides she is not interested - he may not be cancelled because לא אתי דיבור ומבטל דיבור - Her words don't have the power to nullify her earlier words. Tosfos says however that if she directly tells the shaliach then Reish Lakish would agree that she may cancel him and she only may not cancel him when he is not present [see the Maharsha]. 

What is the logic??

Rashi argues and says that in all cases she may not retract her appointment. 

What is the root of the machlokes between Rashi and Tosfos??