Mishnah
Mishnah

Tosefta for Kiddushin 2:8

הַמְקַדֵּשׁ בְּחֶלְקוֹ, בֵּין קָדְשֵׁי קָדָשִׁים בֵּין קָדָשִׁים קַלִּים, אֵינָהּ מְקֻדֶּשֶׁת. בְּמַעֲשֵׂר שֵׁנִי, בֵּין שׁוֹגֵג בֵּין מֵזִיד, לֹא קִדֵּשׁ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, בְּשׁוֹגֵג לֹא קִדֵּשׁ, בְּמֵזִיד קִדֵּשׁ. וּבְהֶקְדֵּשׁ, בְּמֵזִיד קִדֵּשׁ וּבְשׁוֹגֵג לֹא קִדֵּשׁ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, בְּשׁוֹגֵג קִדֵּשׁ, בְּמֵזִיד לֹא קִדֵּשׁ:

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.]

Tosefta Kiddushin

A man who betroths [a woman] with meat [from an animal designated for] tithe, even if after slaughter—she is not betrothed [since the met belongs to the Temple, it is not his to give her]. With its bones, its tendons, its horns, its hooves, its blood, its fat, its skin, its wool—she is betrothed [though the meat belongs to the Temple, the rest of the animal does not]. A [kohen] who betroths [a woman] with his priestly portion (see Ehrfurt manuscript and Mishnah Kiddushin 2:8)—whether it is of most holy sacrifices or less holy sacrifices—she is not betrothed. With hekdesh, if he [did this] intentionally [i.e. he knew it was hekdesh]—he betroths because he misappropriated [Temple property such that it now belongs to him but not the Temple]; if unintentionally—he did not misappropriate [and thus she is not betrothed since the item belonged to the Temple and not to him]—words of Rabbi Meir. Rabbi Yehudah says: If there is something worth a perutah in the profits [from the hekdesh item when he exchanged it with a priest, he owns these profits which is not true for the hekdesh item itself]—she is betrothed; but if not—she is not betrothed. Said Rabbi: I agree with the words of Rabbi Yehudah with hekdesh, but the words of Rabbi Meir with second tithe (see Mishnah Kiddushin 2:8).
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