A woman is acquired in three ways [Because a woman is betrothed only with her consent, it is taught: "A woman is betrothed" rather than: "A man betroths." And since in the beginning it is taught: "A woman is acquired," at the end it is taught: "A yevamah is acquired," even though a yevamah is acquired by the yavam either with or without her consent.], and she acquires herself in two ways. She is acquired by money [This is derived (by identity) "taking"-"taking" from the field of Efron, it being written here (Deuteronomy 24:1): "If a man take a woman," and there (Genesis 23:3): "I have given the money for the field; take it from me."], by writ, [as when he writes to her on paper or on a shard, though it not be worth a p'rutah: "Your daughter is betrothed (mekudesheth) to me," "Your daughter is engaged (me'ureseth) to me," "Your daughter shall be to me as a wife," and gives it to her in the presence of witnesses. This is derived from (Deuteronomy 24:2): "And she shall go out … and she shall be." Just as going out is with a writ, viz. (Ibid. 1): "And he shall write to her a writ of divorce," so "being" is with a writ.], and by cohabitation [cohabiting with her in the presence of witnesses for the purpose of betrothal, viz. (Ibid.): "If a man take a woman and cohabit with her, etc." And though there is no betrothal in the Torah more explicit than that of cohabitation, the sages stated that if one betroths by cohabitation he is to receive "stripes of rebellion," so that the children of Israel not be promiscuous.] By money: Beth Shammai say: With a dinar or with the worth of a dinar. Beth Hillel say: With a p'rutah [a half "barley-corn" of silver] or with the worth of a p'rutah. And how much is a p'rutah? One-eighth of an Italian issar.] And she acquires herself with a get and with the death of her husband. A yevamah is acquired [by the yavam, to be his wife in every regard,] by cohabitation. [But money and writ do not avail her by Torah law. The sages, however, ordained that ma'amar (word of mouth) avails to forbid her to the other brothers, but not to exempt her from chalitzah and not to (permit him to) become unclean for her], and she acquires herself with chalitzah and with the death of the yavam.
Bartenura on Mishnah Kiddushin
האשה נקנית – since a woman is not betrothed other than with her knowledge, it [the Mishnah] teaches, “a woman is acquired” and it does not teach, “the man purchases. And since the first part [of the Mishnah] teaches, “a woman is acquired,” the end [of the Mishnah] teaches, the widow of a brother who died without issue (i.e, “yevamah”), and even though the widow of a brother who died without issue is acquired by the brother of her deceased husband whether of her own knowledge or without her knowledge.
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English Explanation of Mishnah Kiddushin
Introduction
The first mishnah of Kiddushin teaches how a woman is “acquired” in marriage and how she “acquires” herself, that is to say, how she becomes free to marry another man. The mishnah also teaches how a “yevamah” is “acquired.” A “yevamah” is a woman whose husband has died without any children (see the intro to tractate Yevamoth). According to the Torah she must either marry her husband’s brother or perform halitzah, the release from the obligation to her brother-in-law.
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Bartenura on Mishnah Kiddushin
נקנית בכסף – We learn/derive [through an analogy – Gezarah Shavah – of the words] קיחה קיחה from the field of Ephron. It is written here (Deuteronomy 24:1): “A man takes a wife [and possesses her],” and it is written there (Genesis 23:13): “Let me pay the price of the land; accept it from me, [that I may bury my dead there].”
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English Explanation of Mishnah Kiddushin
A woman is acquired in three ways and acquires herself in two: She is acquired by money, by document, or by intercourse. “By money”: (1) Bet Shammai says: a denar or the equivalent of a denar; (2) Bet Hillel says: a perutah or the equivalent of a perutah. ( And how much is a perutah? ( An eighth of an Italian issar. A man can betroth his wife in any one of three ways. The first is by giving her a small amount of money and saying to her “Behold you are betrothed to me with this money.” Bet Shammai and Bet Hillel debate how much money is needed to effect betrothal. What is crucial is that both a denar and a perutah are small amounts of money; a perutah is almost valueless. These are not representative of a woman’s true value, which is clearly much greater. Rather they are symbolic, especially in Bet Hillel’s opinion. To this day, nearly all betrothals are effected through money. Since the Middle Ages and perhaps earlier, Jews have used rings to effect betrothal. This custom was originally a Christian custom. In the Talmud rings are never used. The second way is for the husband to write her a document in which it is stated, “Behold you are betrothed to me.” This document is not to be confused with a ketubah, although some scholars posit that they are both derived from common origins and that originally they were written together. The thirds means of betrothal is sexual relations. This act must be done with the intent of betrothal. No one holds that casual intercourse can effect betrothal. The thornier problem is whether or not sexual relations between a couple “living together” can effect betrothal. Most modern halakhists rule that it does not, although there are some who hold that couples who live together with the intent to form a familial type of unit do require a get in order to separate.
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Bartenura on Mishnah Kiddushin
בשטר – such if he wrote it [his betrothal] on blank paper/parchment or on earthenware, and even though it does not have the value of a Perutah/penny [the words]: “your daughter is betrothed/[literally: sanctified] to me; [or] your daughter is betrothed to me; or your daughter is my wife in matrimony” and he gave it to her before witnesses, as we derive it as it is written (Deuteronomy 24:2): “she leaves [his household] and becomes [the wife of another man].” Just as leaving is with a document, as it is written (Deuteronomy 24:1): “he writes her a bill of divorcement,” so her become the wife [of another man] is with a document.
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English Explanation of Mishnah Kiddushin
And she acquires herself by divorce or by her husband's death. A woman becomes halakhically separated from her husband either by divorce or by death. Without one of the two, any relations that she has with another man will be considered adultery.
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Bartenura on Mishnah Kiddushin
ובביאה – He comes upon her [sexually] in front of witnesses for the purposes of betrothal/sanctification, as it is written (Deuteronomy 24:1): “A man takes a wife and possesses her,” and even though one does not have explicit “betrothal/sanctification” in the Torah greater than sanctification through coition (sexual connection), the Sages state that he who sanctifies [i.e., acquires his wife] through coition, we flog him as a punishment for disobedience (which is left to the discretion of the court) in order that Israelite men would not be promiscuous/lawless.
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English Explanation of Mishnah Kiddushin
A yevamah is acquired by intercourse. The dead husband’s brother-in-law “acquires” his brother’s widow through sexual intercourse. As we learned in Yevamot, the yevamah is not acquired by money, as a woman would be in cases of normal betrothal. However, the rabbis added on that before the couple has sexual relations, the yavam should perform an act of betrothal through money, as is done in normal cases. This act of betrothal does not have toraitic (deoraita) legal consequences.
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Bartenura on Mishnah Kiddushin
בפרוטה – which is one-half a barley of silver
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English Explanation of Mishnah Kiddushin
And she acquires herself by halitzah or by the yavam’s death. The yevamah is free to marry another man if she performs halitzah with the yavam. Alternatively, if the yavam dies (in a situation where there is only one yavam) she also may marry anyone she so chooses. Note that once she is married she is considered a normal wife, and she “acquires” herself through the death of her husband or through divorce.
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Bartenura on Mishnah Kiddushin
היבמה נקנית – to be the wife of her deceased husband’s brother in all matters through coition, but [through] money [or] document are not effective for her from the Torah, but the Rabbis are those who decreed that word-of-mouth by the deceased husband’s brother makes her ineligible [to marry] the rest of the brothers, but not to exempt her from the ceremony of removing the shoe of her dead husband’s brother (Deuteronomy 25:5-11), nor to become defiled to her.
