Kiddushin 2

הָאִישׁ מְקַדֵּשׁ בּוֹ וּבִשְׁלוּחוֹ. הָאִשָּׁה מִתְקַדֶּשֶׁת בָּהּ וּבִשְׁלוּחָהּ. הָאִישׁ מְקַדֵּשׁ אֶת בִּתּוֹ כְּשֶׁהִיא נַעֲרָה, בּוֹ וּבִשְׁלוּחוֹ. הָאוֹמֵר לְאִשָּׁה, הִתְקַדְּשִׁי לִי בִתְמָרָה זוֹ, הִתְקַדְּשִׁי לִי בְזוֹ, אִם יֵשׁ בְּאַחַת מֵהֶן שָׁוֶה פְרוּטָה, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. בְּזוֹ וּבְזוֹ וּבְזוֹ, אִם יֵשׁ שָׁוֶה פְרוּטָה בְּכֻלָּן, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. הָיְתָה אוֹכֶלֶת רִאשׁוֹנָה רִאשׁוֹנָה, אֵינָהּ מְקֻדֶּשֶׁת, עַד שֶׁיְּהֵא בְאַחַת מֵהֶן שָׁוֶה פְרוּטָה:

A man betroths by himself and by his messenger. [First, by himself; then, by his messenger, his own doing it being preferred to his messenger's. For when he himself performs the mitzvah his reward is greater. We derive that a man's messenger is like himself from (Exodus 12:6): "And the entire assembly of the congregation of Israel shall slaughter it." Now do all of Israel slaughter it? From here it is derived that one's messenger is like himself.] A man betroths his daughter when she is a maiden (na'arah) [and, it goes without saying, when she is a minor (k'tanah). "Na'arah" is stated to teach proper conduct: that one is forbidden to betroth his daughter when she is a minor, until she is grown enough to say: "I desire (to wed) that man."] If one says to a woman: "Be betrothed to me for this date; be betrothed to me for this" — if one of them is worth a p'rutah, she is betrothed; if not, she is not betrothed. [For since he said: "Be betrothed; be betrothed," each (date) is (designated) for betrothal in itself. (If he said: "Be betrothed to me) for this and for this and for this" — if there is the worth of a p'rutah among all, she is betrothed; if not, she is not betrothed. ] If she ate them one by one, she is not betrothed, unless one of them were worth a p'rutah. [This "one of them" must be the last one. For if he said: "Be betrothed to me for this and for this and for this," and she ate them one by one, each one that she ate is a loan to her, and when she comes to the last, whereby the betrothal is consummated, if it is worth a p'rutah, she is betrothed with a loan and a p'rutah. And the ruling is that if one betroths with a loan and a p'rutah, the woman is intent upon the p'rutah, and she is betrothed. But if the last were not worth a p'rutah, even though the first were worth a p'rutah, at the consummation of the betrothal he betroths with a loan, and if one betroths with a loan, she is not betrothed.]

הִתְקַדְּשִׁי לִי בְכוֹס זֶה שֶׁל יַיִן, וְנִמְצָא שֶׁל דְּבָשׁ. שֶׁל דְּבָשׁ, וְנִמְצָא שֶׁל יַיִן. בְּדִינָר זֶה שֶׁל כֶּסֶף, וְנִמְצָא שֶׁל זָהָב. שֶׁל זָהָב, וְנִמְצָא שֶׁל כֶּסֶף. עַל מְנָת שֶׁאֲנִי עָשִׁיר, וְנִמְצָא עָנִי. עָנִי, וְנִמְצָא עָשִׁיר, אֵינָהּ מְקֻדֶּשֶׁת. רַבִּי שִׁמְעוֹן אוֹמֵר, אִם הִטְעָהּ לְשֶׁבַח, מְקֻדֶּשֶׁת:

(If he said:) "Be betrothed to me for this cup of wine," and it were found to be of honey; of honey, and it were found to be of wine; with this dinar of silver, and it were found to be of gold; of gold, and it were found to be of silver; on condition that I am wealthy, and he were found to be poor; that I am poor, and he were found to be wealthy — she is not betrothed. [For some (women) prefer the one; and others, the other]. R. Shimon says: If he deceived her to her advantage, she is betrothed. [R. Shimon differs only in respect to monetary advantage; but with "pedigree advantage," such as: a Levite, and he were found to be a Cohein, he concedes that even if he deceived her (or she deceived him) to her advantage, she is not betrothed. For his higher pedigree is not necessarily desirable to her, in that it might prompt him to vanity. The halachah is not in accordance with R. Shimon.]

עַל מְנָת שֶׁאֲנִי כֹהֵן, וְנִמְצָא לֵוִי. לֵוִי, וְנִמְצָא כֹהֵן. נָתִין, וְנִמְצָא מַמְזֵר. מַמְזֵר, וְנִמְצָא נָתִין. בֶּן עִיר, וְנִמְצָא בֶן כְּרַךְ. בֶּן כְּרַךְ, וְנִמְצָא בֶן עִיר. עַל מְנָת שֶׁבֵּיתִי קָרוֹב לַמֶּרְחָץ, וְנִמְצָא רָחוֹק. רָחוֹק, וְנִמְצָא קָרוֹב. עַל מְנָת שֶׁיֶּשׁ לִי בַת אוֹ שִׁפְחָה גַדֶּלֶת, וְאֵין לוֹ. אוֹ עַל מְנָת שֶׁאֵין לִי, וְיֶשׁ לוֹ. עַל מְנָת שֶׁאֵין לִי בָנִים, וְיֶשׁ לוֹ. אוֹ עַל מְנָת שֶׁיֶּשׁ לִי, וְאֵין לוֹ. וּבְכֻלָּם, אַף עַל פִּי שֶׁאָמְרָה, בְּלִבִּי הָיָה לְהִתְקַדֵּשׁ לוֹ, אַף עַל פִּי כֵן, אֵינָהּ מְקֻדֶּשֶׁת. וְכֵן הִיא שֶׁהִטְעַתּוּ:

(If he said: "Be betrothed to me) on condition that I am a Cohein," and he were found to be a Levite; that I am a Levite, and he were found to be a Cohein; that I am a Nathin, and he were found to be a mamzer; that I am a mamzer, and he were found to be a Nathin; that I am a city-dweller, and he were found to be a village-dweller; that I am a village-dweller, and he were found to be a city-dweller; on condition that my house is near the bathhouse, and it were found to be far; that it is far, and it were found to be near; on condition that I have an "enlarging" daughter or bondswoman [i.e., one who plaits women's hair. Another interpretation: one who is very talkative, as in (Ezekiel 35:13): "And you have 'enlarged' upon Me with your mouths"], and he not have one; on condition that I not have one, and he have one; on condition that I have no sons, and he have; that I have, and he not have — in all of these instances, even if she said: "In my heart I intended to be betrothed to him in any event," she is not betrothed. [For "things of the heart are not things"]. And the same applies if she deceived him.

הָאוֹמֵר לִשְׁלוּחוֹ, צֵא וְקַדֵּשׁ לִי אִשָּׁה פְלוֹנִית בְּמָקוֹם פְּלוֹנִי, וְהָלַךְ וְקִדְּשָׁהּ בְּמָקוֹם אַחֵר, אֵינָהּ מְקֻדֶּשֶׁת. הֲרֵי הִיא בְמָקוֹם פְּלוֹנִי, וְקִדְּשָׁהּ בְּמָקוֹם אַחֵר, הֲרֵי זוֹ מְקֻדֶּשֶׁת:

If one said to his messenger: "Go and betroth this and this woman for me in this and this place," and he went and betrothed her in a different place, she is not betrothed. (If he said to him:) "She is in this and this place," and he betrothed her in a different place, she is betrothed. [For he was merely pointing out the place and not making it a condition (of the betrothal).]

הַמְקַדֵּשׁ אֶת הָאִשָּׁה עַל מְנָת שֶׁאֵין עָלֶיהָ נְדָרִים וְנִמְצְאוּ עָלֶיהָ נְדָרִים, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ עָלֶיהָ נְדָרִים, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. עַל מְנָת שֶׁאֵין עָלֶיהָ מוּמִין וְנִמְצְאוּ בָהּ מוּמִין, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ בָהּ מוּמִין, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. כָּל הַמּוּמִין הַפּוֹסְלִים בַּכֹּהֲנִים, פּוֹסְלִים בַּנָּשִׁים:

If one betrothed a woman on condition that she had no (outstanding) vows upon her, and she were found to have vows upon her, she is not betrothed. If he wed her without qualification, and she were found to have vows upon her, she goes out without a kethubah [for he can claim: "I do not want a vowing wife." But she does require a get because of doubt. For since he made no conditions (in his betrothal) it is possible that he acquiesced in a vowing woman, too.] (If he betrothed her) on condition that she had no blemishes, and she were found to have blemishes, she is not betrothed. If he wed her without qualification, and she were found to have blemishes, she goes out without a kethubah. All blemishes which are disqualifying in Cohanim [See Kethuvoth 75a] are disqualifying in women.

הַמְקַדֵּשׁ שְׁתֵּי נָשִׁים בְּשָׁוֶה פְרוּטָה, אוֹ אִשָּׁה אַחַת בְּפָחוֹת מִשָּׁוֶה פְרוּטָה, אַף עַל פִּי שֶׁשָּׁלַח סִבְלוֹנוֹת לְאַחַר מִכָּאן, אֵינָהּ מְקֻדֶּשֶׁת, שֶׁמֵּחֲמַת קִדּוּשִׁין הָרִאשׁוֹנִים שָׁלַח. וְכֵן קָטָן שֶׁקִּדֵּשׁ:

If one betrothed two women with the worth of a p'rutah or one woman with less than the worth of a p'rutah, even if he sent sivlonoth afterwards ["sivlonoth" are gifts customarily sent by the groom to his betrothed], she is not betrothed. [We do not say that he knew that the betrothal had not been consummated and that his intent was to consummate it with these sivlonoth], but [we say that] he sent it because of (what he thought to be bona fide) original betrothal. The same applies to a minor who betrothed [and sent sivlonoth when he came of age].

הַמְקַדֵּשׁ אִשָּׁה וּבִתָּהּ אוֹ אִשָּׁה וַאֲחוֹתָהּ, כְּאַחַת, אֵינָן מְקֻדָּשׁוֹת. וּמַעֲשֶׂה בְחָמֵשׁ נָשִׁים וּבָהֶן שְׁתֵּי אֲחָיוֹת, וְלִקֵּט אֶחָד כַּלְכָּלָה שֶׁל תְּאֵנִים, וְשֶׁלָּהֶם הָיְתָה וְשֶׁל שְׁבִיעִית הָיְתָה, וְאָמַר הֲרֵי כֻלְּכֶם מְקֻדָּשׁוֹת לִי בְכַלְכָּלָה זוֹ, וְקִבְּלָה אַחַת מֵהֶן עַל יְדֵי כֻלָּן, וְאָמְרוּ חֲכָמִים, אֵין הָאֲחָיוֹת מְקֻדָּשׁוֹת:

If one betrothed a woman and her daughter or a woman and her sister at the same time, they are not betrothed, [it being written (Leviticus 18:18): "And a woman together with her sister you shall not take to be rivals." If they become rivals to each other there is no "taking" even in one of them. The same applies to all of the other arayoth (illicit relations) punishable by kareth, in whom betrothal does not "take."] And it happened with five women, two of them sisters, that a man picked a basket of figs, which was theirs, and which was of shevi'ith, and said: "All of you are betrothed to me with this basket," and one of them accepted for all, and the sages ruled: "The sisters are not betrothed. [This Mishnah apprises us that if one betroths a woman with gezel (stolen property), even if it were hers, she is not betrothed. And we do not say that since she accepted it, she pardoned him — for it is stated: "which was theirs, and which was of shevi'ith," the implication being that since it was of shevi'ith, the fruit being ownerless (hefker), for that reason the women are betrothed, only the sisters not being betrothed. But if it were not of shevi'ith, since it was theirs, betrothal would not "take" in one of them. And it is only with gezel before the abnegation (ye'ush) of the owner that we say it is not betrothal. But if one betroths with gezel after ye'ush, the betrothal is valid. And we are also apprised that if one betroths a woman with the fruit of shevi'ith, she is betrothed, and we do not say that it is not his money to have rights in. But once he appropriates it, it is his money in every respect. And we are also apprised that one woman can become a messenger for another, even where she thereby becomes her rival. And even though (it is ruled that) in all testimony where one woman is permitted to testify for another, a rival is not permitted to testify for her — as far as being a messenger is concerned, once she has done what she was deputed to do, it is done. For here, with these betrothals, they become rivals through the one who accepted, and we learned: "The sisters are not betrothed" — but the strangers (i.e., non-kin) are betrothed. The Mishnah is understood by the gemara, in accordance with the halachah, thus: If one betrothed a woman and her daughter, or a woman and her sister, both at the same time, they are not betrothed. But (if he betrothed) one of woman and daughter, or one of woman and sister — as when he said to both: "One of you is betrothed to me," not specifying which one, and one of them accepted the betrothal for (herself and) her friend, or both at the same time, they are betrothed, and both require a get. And if he said: "The one of you who may be cohabited with is betrothed to me," they are not betrothed. For each one may be "the sister of his wife," so that neither may be cohabited with. And it also happened with five women, two of them sisters, that a man took a basket of figs and said: "Those of you who may be cohabited with are betrothed to me," and the sages ruled: "The sisters are not betrothed" — but the strangers, who may be cohabited with, are betrothed. But if he had said: "All of you are betrothed to me," none of them would be betrothed. For just as the sisters could not be betrothed, so the others.]

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.]

הַמְקַדֵּשׁ בְּעָרְלָה, בְּכִלְאֵי הַכֶּרֶם, בְּשׁוֹר הַנִּסְקָל, וּבְעֶגְלָה עֲרוּפָה, בְּצִפֳּרֵי מְצֹרָע, וּבִשְׂעַר נָזִיר, וּפֶטֶר חֲמוֹר, וּבָשָׂר בְּחָלָב, וְחֻלִּין שֶׁנִּשְׁחֲטוּ בָעֲזָרָה, אֵינָהּ מְקֻדֶּשֶׁת. מְכָרָן וְקִדֵּשׁ בִּדְמֵיהֶן, מְקֻדֶּשֶׁת:

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."]

הַמְקַדֵּשׁ בִּתְרוּמוֹת וּבְמַעַשְׂרוֹת וּבְמַתָּנוֹת וּבְמֵי חַטָּאת וּבְאֵפֶר חַטָּאת, הֲרֵי זוֹ מְקֻדֶּשֶׁת, וַאֲפִלּוּ יִשְׂרָאֵל:

If one betroths a woman with terumoth [terumah gedolah and terumath ma'aser], or with ma'aseroth [ma'aser rishon and ma'aser ani], or with (priestly) gifts [shoulder, cheeks, and maw], or with the waters of the [ashes] of the red heifer [They can be sold to those who are unclean, for (the exertion of) bringing or filling; but it is forbidden to take a fee for sprinkling or kiddush, i.e., placing the ashes in the water.], or with the ashes of the red heifer — she is betrothed. And even an Israelite. [This is what is intended: Even an Israelite to whom terumoth and (priestly) gifts fell from the house of his mother's father, a Cohein, which he (the Israelite) acquired, and which he can sell to Cohanim — if he betrothed a woman with them, she is betrothed. And even if terumah did not fall to him, but tevel, from which terumah had not yet been taken, since the one from whom he inherits it, a Cohein, was to have taken terumah, which would revert to him — this Israelite, too, who inherits it, separates the terumah, which, being his, he can sell to Cohanim. For gifts which were not yet taken are regarded as having been taken."]