Kiddushin 1

הָאִשָּׁה נִקְנֵית בְּשָׁלשׁ דְּרָכִים, וְקוֹנָה אֶת עַצְמָהּ בִּשְׁתֵּי דְרָכִים. נִקְנֵית בְּכֶסֶף, בִּשְׁטָר, וּבְבִיאָה. בְּכֶסֶף, בֵּית שַׁמַּאי אוֹמְרִים, בְּדִינָר וּבְשָׁוֶה דִינָר. וּבֵית הִלֵּל אוֹמְרִים, בִּפְרוּטָה וּבְשָׁוֶה פְרוּטָה. וְכַמָּה הִיא פְרוּטָה, אֶחָד מִשְּׁמֹנָה בָאִסָּר הָאִיטַלְקִי. וְקוֹנָה אֶת עַצְמָהּ בְּגֵט וּבְמִיתַת הַבָּעַל. הַיְבָמָה נִקְנֵית בְּבִיאָה. וְקוֹנָה אֶת עַצְמָהּ בַּחֲלִיצָה וּבְמִיתַת הַיָּבָם:

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.

עֶבֶד עִבְרִי נִקְנֶה בְכֶסֶף וּבִשְׁטָר, וְקוֹנֶה אֶת עַצְמוֹ בַּשָּׁנִים וּבַיּוֹבֵל וּבְגִרְעוֹן כֶּסֶף. יְתֵרָה עָלָיו אָמָה הָעִבְרִיָּה, שֶׁקּוֹנָה אֶת עַצְמָהּ בְּסִימָנִין. הַנִּרְצָע נִקְנֶה בִרְצִיעָה, וְקוֹנֶה אֶת עַצְמוֹ בַיּוֹבֵל וּבְמִיתַת הָאָדוֹן:

A Hebrew bondsman is acquired by money, [it being written (Deuteronomy 25:1): "from the money of his acquisition," whence it is derived that he is acquired with money.], and by writ, [it being written in respect to a Hebrew handmaid (Exodus 210): "If another he take for himself." Scripture likens her to "another" (a married woman in general). Just as another may be acquired (as a wife) by a writ, so a handmaid may be acquired by a writ. And a Hebrew bondsman is derived from (what is stated in respect to) a Hebrew handmaid, viz. (Deuteronomy 15:12): "the Hebrew man or the Hebrew woman," the man being likened to the woman.] And he acquires himself with years [At the end of six years he goes out free; and even if shemitah (the seventh year) fell out in the midst of his six years, he serves (in the shemitah), it being written (Exodus 21:2): "Six years shall he serve, and on the seventh, etc." — Sometimes he serves on the seventh (i.e., the shemitah year)], and with the Jubilee (yovel) [If yovel falls out in the midst of his six years, it releases him], and with monetary deduction, [it being written in respect to a Hebrew handmaid (Exodus 21:8): "Then he shall redeem her." And a Hebrew bondsman is likened to a Hebrew handmaid. If his master acquired him for six manah, and he is destined to leave at the end of six years, it is found that he acquired each year of service for a manah, so that when he comes to redeem himself, his master deducts from his redemption money the amount for the years he already has served.] The Hebrew handmaid, in addition [to all these] acquires herself with [pubertal] signs, [this being derived from (Exodus 21:11): "Then she shall go out free." Scripture added a "going out" to this one (the handmaid). She goes out with signs.] A "bored" bondsman is acquired by boring (of the ear), and he acquires himself with yovel and with the death of the master, [it being written (Exodus 21:6): "And he shall serve him forever" — "him," and not his son. But if one is sold and the master dies in the midst of six years, he serves the son, it being written (Ibid. 2): "Six years shall he serve" — whether him or his son. And it is only the son that he serves all six years if the master dies, but not the daughter, the brother, or other heirs, it being written (Deuteronomy 15:12): "And he shall serve you six years" — "you," and not the heirs. And a Hebrew handmaid acquires herself with the death of the master as does a bored bondsman, it being written in respect to the latter (Ibid. 17): "And also to your handmaid shall you do thus."]

עֶבֶד כְּנַעֲנִי נִקְנֶה בְכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה, וְקוֹנֶה אֶת עַצְמוֹ בְכֶסֶף עַל יְדֵי אֲחֵרִים, וּבִשְׁטָר עַל יְדֵי עַצְמוֹ, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, בְּכֶסֶף עַל יְדֵי עַצְמוֹ וּבִשְׁטָר עַל יְדֵי אֲחֵרִים, וּבִלְבַד שֶׁיְּהֵא הַכֶּסֶף מִשֶּׁל אֲחֵרִים:

A Canaanite bondsman is acquired by money, writ, and chazakah (proprietary act), [it being written (Leviticus 25:46): "And you shall hold them (Canaanite bondsmen) as an inheritance for your sons after you to inherit as a holding." (Canaanite) bondsmen are hereby likened to land. Just as land is acquired by money, writ, and chazakah, so a Canaanite bondsman is acquired by money, writ, and chazakah. The chazakah of (i.e., of acquiring) the bondsman: e.g., the bondsman's untying his master's shoe, or putting it on, or carrying his things after him to the bathhouse, undressing him, washing him, anointing him, massaging him, clothing him, carrying him, or being carried by him — (by all of these) the master acquires the bondsman.] And he acquires himself by money through others, [i.e., which others give to his master on condition that he be freed. But he himself may not accept it from them, even on condition that his master have no rights in it, (this tanna) holding that a bondsman can in no way acquire anything independent of his master.], and by a writ (of manumission) through himself (i.e., which he himself accepts), [this tanna holding it to be a liability for the bondsman to leave his master for freedom. For if his master were a Cohein, he thereby becomes disqualified from eating terumah; and if he were the bondsman of an Israelite, a bondswoman becomes forbidden to him. For this reason he does not gain his freedom with a writ received (on his behalf) by others, but only (with one received) by himself. For since it is a liability for him, "A liability is imposed upon one only in his presence." But (acquiring his freedom by) money through others is different. For the receiving of the money by his master, in itself causes him to be freed, and it is not the others who cause the liability, but the master's receiving of the money. The master in this instance does not become his messenger, but takes the money for himself, the bondsman gaining his freedom as a natural consequence. These are the words of R. Meir. The sages say: By money, through himself [They hold that a bondsman can acquire something independent of his master, for which reason he can acquire himself with money, even through himself; and, it goes without saying, through others.], and by a writ, through others. [For they hold it to be an asset for the bondsman to leave his master for freedom, and "One may benefit a man, even not in his presence." The halachah is in accordance with the sages. And a Canaanite bondsman acquires himself if his master blinds his eye, or knocks out his tooth, or cuts off one of his twenty-four limb prominences: fingertips, toes, ear tips, nose tip, membrum tip, and breast tips in a woman. The reason these are not mentioned in the Mishnah along with the other means by which a bondsman acquires himself is that one who gains his release by (the cutting off of) organ prominences requires a writ of manumission from his master, so that he, essentially, "acquires himself with a writ."], on condition that the money be (the money) of others. [For a bondsman possesses nothing. For even what he finds and what he receives as a gift belongs to his master. And if he wishes to redeem himself, the money must come from others, who give it to him on condition that the master have no rights in it.]

בְּהֵמָה גַסָּה נִקְנֵית בִּמְסִירָה, וְהַדַּקָּה בְּהַגְבָּהָה, דִּבְרֵי רַבִּי מֵאִיר וְרַבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים, בְּהֵמָה דַקָּה נִקְנֵית בִּמְשִׁיכָה:

A large animal is acquired by "handing over" (mesirah) [The owner hands it over to the buyer by rein or by its hair], and a small animal is acquired by lifting. [and not by pulling.] These are the words of R. Meir and R. Eliezer. The sages say: A small animal is acquired by pulling. [And even though it can be lifted, still it is acquired by pulling, because it always "clutches" at the ground with its claws. The halachah: Both a large animal and a small one are acquired by pulling, and, it goes without saying, by lifting. Pulling effects acquisition in a simta, a corner in a public domain, and in a shared domain. Mesirah effects acquisition in a public domain and in an unshared domain. Lifting effects acquisition in all domains. All animals which are customarily acquired by lifting are not acquired otherwise. What is acquired by mesirah is not acquired by pulling. Likewise, what is acquired by pulling is not acquired by mesirah.]

נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה. וְשֶׁאֵין לָהֶם אַחֲרָיוּת, אֵין נִקְנִין אֶלָּא בִמְשִׁיכָה. נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת, נִקְנִין עִם נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת, בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה. וְזוֹקְקִין נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת אֶת הַנְּכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת לִשָּׁבַע עֲלֵיהֶן:

Bound property [(nechasim sheyesh lahem achrayuth) [i.e., land. One who lends another money depending upon it (for repayment) in that it is always present and intact. "achrayuth" denotes "chozer" ("following after"), i.e., the creditor "follows after" it and seizes it from the buyer when the debtor has nothing else] — (Bound property) is acquired by money, [viz. (Jeremiah 32:44): "They shall buy fields for money." This, where it is not the custom to write a deed; but where it is the custom, he does not acquire it until he writes a deed.], by writ, [writing on paper or on a shard: "My field is given to you," "My field is acquired by you," and giving it (the deed) to the buyer. And it is only when the land is given as a gift that it is acquired by a deed; but when it is sold, it is not acquired until the money is given (unless it is sold because of its poor condition, in which instance it is acquired by writ alone.) And whence is it derived that land is acquired by writ? From (Jeremiah 32:44): "And they shall write it in a deed and seal it."], and by chazakah, [such as by digging a little in the land, or fencing, or breaching somewhat in the presence of the seller. If not in his presence, he must say to him: "Go chazek (perform an act of chazakah) and acquire it." And whence is it derived that land is acquired by chazakah? From (Deuteronomy 11:31): "And you shall inherit it, and you shall dwell in it." How will you inherit it? By dwelling in it.] And unbound property is acquired only by meshichah ("drawing forth"), [it being written (Leviticus 25:14): "or acquire from the hand of your fellow." What may be transferred from hand to hand is acquired only by such transference.] Unbound property is acquired together with bound property, (which is acquired by) money, writ, or chazakah. [If he sold movable objects together with the land, when the buyer acquires the land by one of these three means of acquisition, those objects are acquired with it. This, on condition that the seller say to the buyer: "Acquire these together with the land." This is derived from (II Chronicles 21:3): "And their father gave them many gifts (consisting) of silver, and gold, and precious things together with fortified cities."] And unbound property links bound property to be subject to an oath. [Even though land is not subject to an oath — where movable objects and land are claimed, and he is obliged to swear vis-à-vis the first, the oath thereon links the land for a gilgul shevuah [a "rolled-on" oath]. Gilgul shevuah is derived from what is written in respect to sotah (a woman suspected of adultery), viz. (Numbers 5:22): "And the woman shall say: 'Amen, Amen'" — Amen (to the oath: "I have not become unclean") relative to this man (the suspected adulterer); Amen, relative to any other man; Amen, that I did not go astray when I was betrothed; Amen, that I did not go astray when I was married, awaiting yibum, or taken in yibum.]

כָּל הַנַּעֲשֶׂה דָמִים בְּאַחֵר, כֵּיוָן שֶׁזָּכָה זֶה, נִתְחַיֵּב זֶה בַחֲלִיפָיו. כֵּיצַד. הֶחֱלִיף שׁוֹר בְּפָרָה אוֹ חֲמוֹר בְּשׁוֹר, כֵּיוָן שֶׁזָּכָה זֶה, נִתְחַיֵּב זֶה בַחֲלִיפָיו. רְשׁוּת הַגָּבוֹהַּ, בְּכֶסֶף, וּרְשׁוּת הַהֶדְיוֹט, בַּחֲזָקָה. אֲמִירָתוֹ לַגָּבוֹהַּ, כִּמְסִירָתוֹ לַהֶדְיוֹט:

Everything which is made money for something else [The gemara explains: Everything which is assessed as money for something else; everything which, if it is to be given as money for something else, must be assessed — that is, all chattel (metaltelin), aside from currency] — once the one appropriates it, the other is responsible for its exchange. [That is, once one of them pulls it (as an act of acquisition), the other is responsible for its exchange if it were lost or died, wherever it (what was thereby acquired) may be, even though he (the buyer) did not pull it. For by the seller's pulling the scarf or a (different) object, the purchased object is acquired by the buyer wherever it may be, even though the object whereby it is acquired is not worth a p'rutah, so long as it not be a coin or fruits, these not effecting such acquisition. And all things are acquired by (such) exchange (chalifin) — metaltelin, bondsmen, and land — with the exception of currency, which is not acquired by chalifin, one's mind-set being on the figure (impressed) in the currency and not on the substance itself; and the figure is susceptible of effacement. Therefore, if one took currency without weight or count and said: "This is chalifin for that field, or bondsman, or object," once the other (the seller) pulls it, he (the buyer) is responsible for its exchange. For the fact that it was not weighed or counted makes it manifest that there was no mind-set on the (imprinted) figure. And no means avails for the acquisition of currency which is not immediately at hand except agav, (acquisition of the currency) together with land.] How so? If an ox were exchanged for an ass, or an ass for an ox, once the first appropriates (either animal), the other is responsible for its exchange. The domain of the Temple (acquires with) money, and the domain of the laity, with chazakah. [If the Temple treasurer gives money for a beast, even (if the beast were) "in the end of the world," he acquires it; but the laity acquire only with chazakah, i.e., pulling. And if a lay person gave money for something, so long as he did not pull it, he does not acquire it, and the seller must return the money if he (the buyer) backs out, and he (the one who backs out) comes under (an imprecation, viz.:) "He who punished (…will punish him who does not keep his word.") But if the buyer pulled the object, even if he did not yet pay the stipulated amount, neither can back out. And if he neither gave the money nor pulled the object, but only reached an agreement with the seller to buy at a certain price — even if he said: "You are my witnesses," there is nothing (binding) in this, and he does not even come under an imprecation (if he backs out)]. One's "saying" to the Temple is like one's "giving" to the laity. [If one says: "This ox is a burnt-offering; this house is consecrated" — even if it were "in the end of the world," the Temple acquires it. But with the laity, there is no acquisition until he (the buyer) pulls the animal or performs an act of chazakah in the house.]

כָּל מִצְוֹת הַבֵּן עַל הָאָב, אֲנָשִׁים חַיָּבִין וְנָשִׁים פְּטוּרוֹת. וְכָל מִצְוֹת הָאָב עַל הַבֵּן, אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַיָּבִין. וְכָל מִצְוַת עֲשֵׂה שֶׁהַזְּמָן גְּרָמָהּ, אֲנָשִׁים חַיָּבִין וְנָשִׁים פְּטוּרוֹת. וְכָל מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמָן גְּרָמָהּ, אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַיָּבִין. וְכָל מִצְוַת לֹא תַעֲשֶׂה, בֵּין שֶׁהַזְּמָן גְּרָמָהּ בֵּין שֶׁלֹּא הַזְּמָן גְּרָמָהּ, אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַיָּבִין, חוּץ מִבַּל תַּשְׁחִית וּבַל תַּקִּיף וּבַל תִּטַּמָּא לְמֵתִים:

All the mitzvoth of the son upon the father [i.e., all the mitzvoth binding upon the father to perform for his son, six in number: to circumcise him, to redeem him (if he is a first-born), to teach him Torah, to teach him a trade, to find him a wife, to teach him to swim] — men are obligated [The father is obligated in these mitzvoth for his son] and women are exempt. [The mother is exempt.] And all the mitzvoth of the father upon his son [i.e., all the mitzvoth binding upon the son to perform for his father — fear and honor — fear: not sitting in his place, not contradicting him; honor: giving him food and drink, clothing him, covering him, leading him in and out] — both men and women [i.e., sons and daughters] are obligated. And all positive time-caused mitzvoth [i.e., brought about by time, e.g., shofar, succah, lulav, tzitzith] — men are obligated, and women, exempt. And all positive non-time-caused mitzvoth [e.g., mezuzah, (the building of) a railing, (returning) a lost object, sending away the mother-bird ] — both men and women are obligated. [These two generalizations are non-categorical, viz.: "We do not learn (the halachah) from generalizations, even where 'except' is stated." For matzoh on Pesach night, and rejoicing on festivals, and the convocation ("hakhel") on Succoth are all positive time-caused mitzvoth, and yet women are obligated. And Torah study, and procreation, and redemption of the first-born are positive non-time-caused mitzvoth, and yet women are exempt.] And all negative mitzvoth, whether time-caused or non-time caused, both men and women are obligated, except for "rounding off," and "destroying," and becoming unclean for the dead. [This last generalization is a categorical one, being derived from (Numbers 5:6): "A man or a woman, if they do of all the sins of man." Scripture hereby likened a man to a woman in respect to all the punishments of the Torah. ("except for 'rounding off' and 'destroying'":) viz. (Leviticus 19:27): "Do not round off the corners of your head, and do not destroy the corners of your beard." All who are subject to (the interdict of) destroying (the beard) are subject to rounding off; and all who are not subject to destroying are not subject to rounding off. And women, since they are not subject to destroying are not subject to rounding off. And whence do we derive that they are not subject to destroying? For it is written: "the corners of your beard," and not: "the corners of your beards" — your beard, and not the beard of your wife. ("and becoming unclean for the dead":) viz. (Ibid. 21:1): "Speak to the Cohanim, the sons of Aaron … For a dead body he shall not become unclean" — the sons of Aaron, and not the daughters of Aaron.]

הַסְּמִיכוֹת, וְהַתְּנוּפוֹת, וְהַהַגָּשׁוֹת, וְהַקְּמִיצוֹת, וְהַהַקְטָרוֹת, וְהַמְּלִיקוֹת, וְהַהַזָּאוֹת, וְהַקַּבָּלוֹת, נוֹהֲגִין בַּאֲנָשִׁים וְלֹא בְנָשִׁים, חוּץ מִמִּנְחַת סוֹטָה וּנְזִירָה, שֶׁהֵן מְנִיפוֹת:

The placing of the hands (upon the offering), and the liftings, and the presentations, and the fistfuls, and the smokings, and the pinchings, and the sprinklings, and the receivings obtain with men, but not with women [If she is the daughter of a Cohein, she does not place her hands, or lift, or present a meal-offering on the southwest corner (of the altar) as prescribed. And she does not take the fistful or smoke (the offering), and she does not pinch a bird (to slaughter it), and she does not receive the blood in the sprinkling bowl, and she does not sprinkle the blood], except for the meal-offering of a sotah and a Naziritess, which they lift [themselves, their meal-offerings requiring lifting by the owners].

כָּל מִצְוָה שֶׁהִיא תְלוּיָה בָאָרֶץ אֵינָהּ נוֹהֶגֶת אֶלָּא בָאָרֶץ. וְשֶׁאֵינָהּ תְּלוּיָה בָאָרֶץ נוֹהֶגֶת בֵּין בָּאָרֶץ בֵּין בְּחוּצָה לָאָרֶץ, חוּץ מִן הָעָרְלָה וְכִלְאָיִם. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אַף מִן הֶחָדָשׁ:

Every mitzvah which is a function of the land obtains only in the land, and every mitzvah which is not a function of the land obtains both in the land and outside it. [Any mitzvah which is binding on one's body is called "not a function of the land"; and any mitzvah which is binding on the land is called "a function of the land"] except arlah (interdicted fruit of the first three years) [which obtains (even) outside the land — a halachah to Moses on Sinai] and kilayim (forbidden graftings). [And the admixtures of the vineyard (k'lai hakerem) are rabbinically interdicted outside Eretz Yisrael, and admixtures of seed (k'lai z'raim) are permitted to be sown outside Eretz Yisrael]. R. Eliezer says: Also chadash (new grain, before Pesach) [is Torah-interdicted outside the land, even though it is binding on the land, it being written (Leviticus 23:14): "in all of your dwellings" — wherever you dwell (even outside Eretz Yisrael)].

כָּל הָעוֹשֶׂה מִצְוָה אַחַת, מְטִיבִין לוֹ וּמַאֲרִיכִין לוֹ יָמָיו וְנוֹחֵל אֶת הָאָרֶץ. וְכָל שֶׁאֵינוֹ עוֹשֶׂה מִצְוָה אַחַת, אֵין מְטִיבִין לוֹ וְאֵין מַאֲרִיכִין לוֹ יָמָיו וְאֵינוֹ נוֹחֵל אֶת הָאָרֶץ. כָּל שֶׁיֶּשְׁנוֹ בַמִּקְרָא וּבַמִּשְׁנָה וּבְדֶרֶךְ אֶרֶץ, לֹא בִמְהֵרָה הוּא חוֹטֵא, שֶׁנֶּאֱמַר (קהלת ד) וְהַחוּט הַמְשֻׁלָּשׁ לֹא בִמְהֵרָה יִנָּתֵק. וְכָל שֶׁאֵינוֹ לֹא בַמִּקְרָא וְלֹא בַמִּשְׁנָה וְלֹא בְדֶרֶךְ אֶרֶץ, אֵינוֹ מִן הַיִּשּׁוּב:

Whoever does one mitzvah [above and beyond his merits, so that his merits are more than his transgressions] is benefited, and his days are lengthened [in the world to come], and he inherits the land ["the land of life"]. And whoever does not do one mitzvah [If his transgressions are more than his merits, and he does not do one mitzvah to make himself half innocent-half guilty, but his transgressions remain more], he is not benefited, his days are not lengthened, and he does not inherit the land. Whoever devotes himself to Scripture, Mishnah, and proper conduct (derech eretz) will not quickly sin, viz. (Koheleth 4:12): "And whoever does not devote himself to Scripture, Mishnah, and derech eretz, [i.e., one who does not deal honestly with others] is "beyond the pale" [i.e., he does not contribute to the advancement of the world, his seat is a "seat of scoffers," and he is unfit to testify.]