If one betroths a woman with arlah, k'lai hakerem, a stoned ox, eglah arufah (the heifer of the broken neck), the birds of a leper, the hair of a Nazirite, the first-born of an ass, meat in milk, and chullin (a non-consecrated animal) slaughtered in the azarah (the Temple court) — she is not betrothed. [For it is forbidden to derive benefit from all of these: arlah (Leviticus 19:23): "It shall not be eaten" — Both eating and the derivation of benefit are implied as forbidden. k'lai hakerem (Deuteronomy 22:9): "lest it be rejected" (pen tikdash) — "pen tukad esh" ("lest it be consigned to the flames"). a stoned ox (Exodus 21:28): "and its flesh shall not be eaten"). eglah arufah, "atonement" being stated in that regard, as it is stated of consecrated offerings, (from which benefit may not be derived), viz. (Deuteronomy 21:8): "And let them be granted atonement for the blood." the bird of a leper — As it was taught: "machshir" ("it predisposes") and "mechaper" ("it atones") were stated in respect to (what is done) within (the sanctuary) — the guilt-offering of the leper, which predisposes him for the eating of offerings, and his sin-offering, which atones, both being processed within — and "machshir" and "machaper" were stated in respect to (what is done) outside: "machshir" — the birds of the leper, which predispose him for entrance to the camp"; "mechaper" — the eglah arufah, in respect to which it is written: "And let them be granted atonement for the blood." And both are processed outside the Temple court. Just as with the "machshir" and "machaper" stated inside — the guilt-offering and the sin-offering of the leper — the machshir is equivalent to the mechaper, both being consecrated offerings, from which derivation of benefit is forbidden, so with the "machshir" and "mechaper" stated outside — the birds of the leper and the eglah arufah — the machshir is made equivalent to the mechaper, derivation of benefit to be forbidden. And from when is it permitted to derive benefit from the bird of the leper? From the time of slaughtering. And it is the slaughtered bird alone from which derivation of benefit is forbidden. (It is forbidden to derive benefit from) the hair of a Nazirite (Numbers 6:5): "He shall be holy; he shall let grow the locks of the hair of his head" — the growth of the hair of his head shall be holy. the first born of an ass (Numbers 13:13): "then you shall break its neck"; and it is stated in respect to the eglah arufah (Deuteronomy 21:4): "And they shall break the neck." Just as it is forbidden to derive benefit from an eglah arufah, so is it forbidden to derive benefit from the first-born of an ass. meat in milk: It is written three times: "Do not cook a kid in its mother's milk" — once, to interdict eating; once, to interdict the derivation of benefit; and once to interdict cooking. chullin slaughtered in the azarah (Deuteronomy 12:21): "When there is distant from you the place … you shall slaughter" — At a distance from the place (i.e., the Temple), you slaughter; but you do not slaughter in proximity to the place. I might think that he may not eat it, but that he might throw it to the dogs (i.e., derive benefit from it); it is, therefore, written (Exodus 22:30): "To the dog shall you throw it" — "it" (treifah) shall you throw to the dog; but you may not throw to the dog chullin that was slaughtered in the azarah.] If he sold them and betrothed her with their monies, she is betrothed. [For there is no (interdicted) thing that renders its monies as itself except idolatry and shevi'ith. idolatry (Deuteronomy 7:26): "lest you become rejected as it" — all that you cause to become of it (i.e., all that you take in exchange for it) are "as it." shevi'ith (Leviticus 25:12): "Holy shall it be" — it attaches itself to its monies as hekdesh (consecrated objects) — so that idolatry and shevi'ith are "two verses coming as one" (i.e., for the same teaching) and "We do not learn (the general principle) from two verses coming as one."]
Bartenura on Mishnah Kiddushin
המקדש בערלה וכו' אינה מקודשת – since all of them are forbidden to derive benefit [from them]. The fruit of trees from the first three years, as it is written (Leviticus 19:23): “[Three years it shall be forbidden to you,] not to be eaten,” both the prohibition of eating and the prohibition of deriving benefit by implication.
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English Explanation of Mishnah Kiddushin
Introduction
This mishnah lists things from which it is prohibited to derive benefit. Therefore, a man who tries to betroth a woman with one of these items has not betrothed her. In my explanation I will explain what each of these items is.
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Bartenura on Mishnah Kiddushin
ובכלאי הכרם – as it is written (Deuteronomy 22:9): “[You shall not sow your vineyard with a second kind of seed,] else the crop [from the seed you have sown – and the yield of the vineyard may not be used],” lest it be burned by fire.
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English Explanation of Mishnah Kiddushin
“Orlah”: Fruit from a tree during its first three years (Leviticus 19:27). “Kilayim of the vineyard”: Wheat which has been planted in a vineyard (Deuteronomy 22:19). “An ox which is to be stoned”: An ox that has killed a person must be stoned to death (Exodus 21:28). “The heifer whose neck is to be broken”: This refers to the ceremony performed when a body is found and its murderer is unknown (Deuteronomy 21:4). “A leper’s bird-offerings”: At the end of his leprosy (tzaraat) the leper brings two birds as sacrifices (Leviticus 14:4). “A nazirite’s hair”: The nazirite cuts his hair at the end of his naziriteship and burns it (Numbers 6:18). “The first-born of a donkey”: The first-born of a donkey must be redeemed by donating a sheep. Until that point it is prohibited to derive benefit from it (Exodus 13:13). “Meat [boiled] in milk”: Exodus 23:19 and parallels. “Non-sacred meat slaughtered in the Temple court”: It is forbidden to slaughter non-sacrificial meat in the Temple court.
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Bartenura on Mishnah Kiddushin
ובשור הנסקל – as it is written concerning it (Exodus 21:26): “[When an ox gores a man or a woman to death, that ox shall be stoned] and its flesh shall not be eaten….”
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English Explanation of Mishnah Kiddushin
If he sells them and betroths [her] with the proceeds, she is betrothed. It is forbidden to derive benefit from all of the above items. They also may not be sold. However, if he does sell them, the money does not retain the prohibited status of the original item. Therefore, the money is effective for betrothal. Note that the mishnah does not state that it is permitted to use the money for betrothal. The act may be prohibited but nevertheless effective.
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Bartenura on Mishnah Kiddushin
ובעגלה ערופה – as it is written about it “absolve” like with things dedicated to the Temple (Kiddushin 57a) as it states (Deuteronomy 21:8): “Absolve [O LORD, Your people Israel whom You redeemed, and do not let guilt for the blood of the innocent remain among Your people Israel] and they will be absolved of bloodguilt.”
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Bartenura on Mishnah Kiddushin
בציפורי מצורע – As is taught in a Baraita (Kiddushin 57a – the School of Rabbi Yishmael): It is stated: an offering which makes it fit [for admission to the Temple or eating sacred food] and an offering which procures atonement are mentioned within [the Temple]; the guilt offering of the leper which qualifies him to eat sacred food, and his sin offering which atones, both of them are offered inside [the Temple]. And it is stated: an offering which makes him fit and atones outside, also qualifies him; the birds of the leper that qualify him to come into the camp [of Israel], and which atone; the heifer whose neck is broken – where it says concerning it “and they will be absolved of bloodguilt” (Deuteronomy 21:8), and both of them are performed outside of the Temple court. Just as it qualifies him and atones for him which is mentioned – inside the Temple, which are the guilt offering and sin-offering of the leper, that which qualifies him is like that which atones, for both of them are sacred things and it is prohibited to derive any benefit from them, so also that which qualifies him and atones for him outside, which are the birds of the leper and the heifer whose neck is broken, qualifies for him as it atones for him are also prohibited to derive benefit [from them]. And from when are the birds of the leper prohibited to derive benefit? From the time of their slaughter, and the slaughtered bird alone is prohibited to benefit from it; but the heifer whose neck is to be broken – its being brought down to an ever-flowing wadi, prohibit it [to derive benefit from it].
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Bartenura on Mishnah Kiddushin
ובשער הנזיר – As Scripture states (Numbers 6:5): “[Throughout the term of his vow as nazirite, no razor shall touch his head;] it shall remain consecrated [until the completion of his term as nazirite of the LORD,] the hair of his head being left to grow untrimmed.” The growth of the untrimmed hair of his head makes it holy.
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Bartenura on Mishnah Kiddushin
ופטר חמור – It is stated concerning him (i.e., the firstling ass) (Exodus 13:13): “[But every firstling ass you shall redeem with a sheep; if you do not redeem it] you must break its neck….” And it is stated concerning the heifer whose neck is to be broken (Deuteronomy 21:4): “There, in the wadi, they shall break the heifer’s neck. Just as the heifer whose neck is broken is prohibited to derive benefit from it, so also one may not derive benefit from the firstling ass, and it is not permitted to derive benefit from the heifer other an after its neck is broken.
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Bartenura on Mishnah Kiddushin
ובבשר בחלב – it is stated three times [in the Torah: (Exodus 23:19; Exodus 34:26 and Deuteronomy 14:21): “You shall not boil a kid in its mother’s milk,” One of them prohibits eating and one prohibits deriving benefit and one of them prohibits cooking.
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Bartenura on Mishnah Kiddushin
ובחולין שנשחטו בעזרה – as it is written (Deuteronomy 12:21): “[If the place where the LORD has chosen to establish His name] is too far from you, you may slaughter [any of the cattle or sheep that LORD gives you…].”If the Place is distant from you, you may slaughter, but you may not slaughter if the Place is close to you. It is possible that you may not eat it, but rather cast it to dogs, as we learn (Exodus 22:30): “[You shall be holy people to Me: you must not eat flesh torn by beasts in the field;] you shall cast it to the dogs.” That (i.e., flesh torn by beasts in the field) you shall cast to the dogs, but not non-sacred animals that were slaughtered in the Temple court.
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Bartenura on Mishnah Kiddushin
מכרן וקדש בדמיהן מקודשת – for you may not have anything that stamps its purchase price [with its own sacred character] that will be like it other than idolatry and Seventh-year produce. Idolatry – as it states (Deuteronomy 7:26): “[You must not bring an abhorrent thing into your house,] or you will be proscribed like it; [you must reject it as abominable and abhorrent, for it is proscribed].” Everything from which you derive benefit, it becomes like it. And [concerning] Seventh-year produce, where it says (Leviticus 25:12): “[For it is a jubilee.] It shall be holy to you; [you may only eat the growth direct from the field.]” It stamps its purchase price like something dedicated to the Temple. And Idolatry and Seventh-year produce are two verses that come with the same teaching, and all cases which have two verses that come with the same teaching, we don’t learn anything from them.
