Thurs Nazir 12

If someone sends a Shliach to Mikadesh any woman (and he doesn't come back to tell if he Mikadesh or who he was Mikadesh) we have a Chazaka the Shliach did his Shlichos. Therefore the one who sent him is forbidden to all woman, for perhaps they are relatives of the woman the Shliach is Mikadesh.

Tosfos asks: why then are not everyone is Assur to all the woman, since they may be the womon that the Shliach Mikadesh and therefore a married woman? Even if you say the woman are believed they never received Kiddushin, but someone who was a Ketana at the time and who's father's now dead (and perhaps he accepted for her kiddushin and she's not aware of it) how can anyone marry her?

Tosfos answers: from the Torah they can marry, since we can say they're from the majority of woman that did not receive Kiddushin in this manner. However, we don't allow the man that made a Shliach to rely on the majority as a penalty for sending such a Shliach that would end up in such a predicament.

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