If one (a Cohein) betroths a woman with his portion [of what he divides with his fellow Cohanim], whether holy of holies or lower order offerings, she is not betrothed. [For Cohanim appropriate from "the table on High," and Scripture states (Numbers 18:9): "This shall be to you from the holy of holies, from the fire" — Just as fire is used for consumption, so these gifts are to be used only for consumption.] (If one betroths a woman) with ma'aser sheni, whether unwittingly or wittingly, she is not betrothed, [it being written in that regard (Leviticus 27:30): "It is the L-rd's" — it must remain so.] These are the words of R. Meir. R. Yehudah says: Unwittingly, he does not betroth her; wittingly, he does betroth her [with ma'aser sheni, since it becomes profane (as opposed to consecrated) by redemption; and he made it mundane by this betrothal. And R. Meir holds that this is not the mode of redemption.] And with hekdesh [Temple maintenance property], wittingly, he betroths [For, knowing that it is hekdesh, and wittingly using it for a mundane purpose, its sanctity is profaned]; and, unwittingly, he does not betroth. [For, not knowing that it is hekdesh, and not desiring that hekdesh be profaned through him, it is not profaned, and she is not betrothed.] These are the words of R. Meir. R. Yehudah says [the opposite]: Unwittingly, he betroths; wittingly, he does not betroth. [The halachah is in accordance with R. Meir in respect to ma'aser, and in accordance with R. Yehudah in respect to hekdesh.]
Bartenura on Mishnah Kiddushin
המקדש בחלקו – [the portion] that he divided with his brothers who are Kohanim.
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English Explanation of Mishnah Kiddushin
Introduction
This mishnah deals with attempts to betroth using various different types of sanctified property. The real question is, does the property belong to the one using it such that his betrothal is effective?
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Bartenura on Mishnah Kiddushin
אינה מקודשת – because the Kohanim became worthy from the table of “On-High” (i.e., God), and Scripture states (Numbers 18:9): “This shall be yours from the most holy sacrifices: the gifts….” Just as fire you cannot use other than for eating, so too, these gifts you shall not use them other then for eating. And regarding tithes, it is written that they are for God, and it shall remain in his status.
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English Explanation of Mishnah Kiddushin
If he [a priest] betroths [a woman] with his portion, whether it is of higher holiness or of lower holiness, she is not betrothed. Portions of many sacrifices go to the priests who eat them. However, a priest cannot use them as his betrothal money because these portions are not considered to be his possessions. Rather, the priest’s right to them is limited to his or other priests eating. Since for kiddushin to be effective the man must own that which he gives to the woman, the priest’s portion in sacrifices may not be used.
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Bartenura on Mishnah Kiddushin
רבי יהודה אומר מזיד קידש – Second Tithe, for it goes out to become non-sacred produce through redemption, and it was removed to non-sacred produce via this sanctification (i.e., betrothal). And Rabbi Meir there is no path of redemption in this manner.
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English Explanation of Mishnah Kiddushin
[If one betroths] with second tithe, whether unwittingly or deliberately, he has not betrothed [her]: the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has not betrothed [her]; if deliberately, he has betrothed [her]. Second tithe must be taken to Jerusalem and there it may be eaten by its owner. According to Rabbi Meir, second tithe does not belong to its owners. It is sanctified property “kadosh” and just as portions of sacrifices cannot be used for kiddushin, so too second tithe cannot be used. Rabbi Judah says that second tithe does belong to its owner. Therefore if he deliberately did kiddushin with it, she is betrothed. However, if he unwittingly uses the second tithe for kiddushin then she is not betrothed for this was a mistaken act of kiddushin.
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Bartenura on Mishnah Kiddushin
ובהקדש – of keeping the Temple in repair.
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English Explanation of Mishnah Kiddushin
[If] with sanctified property, if deliberately, he has betrothed her; if unwittingly, he has not betrothed [her], the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has betrothed her; if deliberately, he has not betrothed her. Sanctified property can become non-sanctified property if it is redeemed. However, if it is not redeemed then it remains sanctified and cannot be used for betrothal. According to Rabbi Meir, if the man intentionally uses sanctified property as his betrothal money, he is in essence redeeming it. The betrothal is valid and the man will owe to the Temple the value of that which he gave to the woman. However, if he does so unwittingly, then the sanctified property is not redeemed and therefore the betrothal is invalid. Rabbi Judah disagrees on both counts. He holds that one who intentionally uses the sanctified property for betrothal does not thereby redeem it, therefore the betrothal is invalid. However, if he unwittingly uses the sanctified property this is considered “me’ilah” improper use of sacred property. In such cases the object which was misappropriated loses its sacred status and the person who misappropriated the property owes the Temple the value of the object plus one-fifth and must bring a guilt offering. The key for our purposes is that the object is no longer sacred, and therefore the betrothal is valid.
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Bartenura on Mishnah Kiddushin
מדיד קידש – for since he new that it was dedicated to the Temple and he removed it to non-sacred status on purpose, his holiness became profaned.
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Bartenura on Mishnah Kiddushin
ובשוגג – that he did not know that it was dedicated Temple property and he did not like it that dedicated Temple property would become profaned by his hand, his holiness was not profaned, and she is not betrothed. But Rabbi Yehuda held the opposite, and the Halakha is according to Rabbi Meir in tithing, and according to Rabbi Yehuda as regarding objects dedicated to the Temple worship.
