Kiddushin 3

הָאוֹמֵר לַחֲבֵרוֹ, צֵא וְקַדֵּשׁ לִי אִשָּׁה פְלוֹנִית וְהָלַךְ וְקִדְּשָׁהּ לְעַצְמוֹ, מְקֻדֶּשֶׁת. וְכֵן הָאוֹמֵר לְאִשָּׁה, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי לְאַחַר שְׁלשִׁים יוֹם, וּבָא אַחֵר וְקִדְּשָׁהּ בְּתוֹךְ שְׁלשִׁים יוֹם, מְקֻדֶּשֶׁת לַשֵּׁנִי. בַּת יִשְׂרָאֵל לְכֹהֵן, תֹּאכַל בַּתְּרוּמָה. מֵעַכְשָׁיו וּלְאַחַר שְׁלשִׁים יוֹם, וּבָא אַחֵר וְקִדְּשָׁהּ בְּתוֹךְ שְׁלשִׁים יוֹם, מְקֻדֶּשֶׁת וְאֵינָהּ מְקֻדֶּשֶׁת. בַּת יִשְׂרָאֵל לְכֹהֵן אוֹ בַת כֹּהֵן לְיִשְׂרָאֵל, לֹא תֹאכַל בַּתְּרוּמָה:

If one said to his friend: "Go and betroth that woman to me," and he went and betrothed her to himself, she is betrothed. [The gemara explains: What is the intent of "and he went"? He went with deception. And this explains: "he said to his friend" rather than: "he said to his messenger" — to apprise us that even though he did not appoint him a messenger ab initio for this, but just told him: "Betroth that woman to me," if he betrothed her to himself, he is spoken of as having gone "with deception," and he is considered a deceiver.] Likewise, if one said to a woman: "You are betrothed to me after thirty days," and another came and betrothed her within the thirty days, she is betrothed to the second. [And he can wed her even within those thirty days]. If she were the daughter of a Cohein (betrothed) to an Israelite [If the one who was betrothed after thirty days were the daughter of a Cohein], she may eat terumah [all those thirty days. For she was not rendered unfit to eat of the terumah of her father's house. And if she were the daughter of an Israelite (betrothed) to a Cohein, she may not eat terumah, not yet being the wife of a Cohein.] (If one said to her: "You are betrothed to me) from now after thirty days," and another came and betrothed her within the thirty days, she is betrothed and not betrothed [and she requires a get from both.] If she were the daughter of an Israelite (betrothed) to a Cohein, or the daughter of a Cohein (betrothed) to an Israelite, she may not eat terumah.

הָאוֹמֵר לְאִשָּׁה, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי עַל מְנָת שֶׁאֶתֵּן לָךְ מָאתַיִם זוּז, הֲרֵי זוֹ מְקֻדֶּשֶׁת וְהוּא יִתֵּן. עַל מְנָת שֶׁאֶתֵּן לָךְ מִכָּאן וְעַד שְׁלשִׁים יוֹם, נָתַן לָהּ בְּתוֹךְ שְׁלשִׁים, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. עַל מְנָת שֶׁיֶּשׁ לִי מָאתַיִם זוּז, הֲרֵי זוֹ מְקֻדֶּשֶׁת וְיֶשׁ לוֹ. עַל מְנָת שֶׁאַרְאֵךְ מָאתַיִם זוּז, הֲרֵי זוֹ מְקֻדֶּשֶׁת וְיַרְאֶה לָהּ. וְאִם הֶרְאָהּ עַל הַשֻּׁלְחָן, אֵינָהּ מְקֻדֶּשֶׁת:

If one said to a woman: "You are betrothed to me [with this p'rutah] on condition that I give you two hundred zuz, she is betrothed, and he gives it. [And when he gives it, she is betrothed retroactively. For if one says: "on condition," it is as if he says: "from now."] (If he said:) "from now until thirty days" — if he gave it to her within thirty days, she is betrothed; if not, she is not betrothed. "On condition that I have two hundred zuz," she is betrothed if he has it [i.e., if there are witnesses that he has it. And if it is not known whether he has it, she is betrothed on the possibility (that he does have it), it being possible that he has it and that he desires to do her wrong.] "On condition that I show you two hundred zuz," she is betrothed, and he shows it to her. And if he showed her on the table, [If he were a money-changer, and he showed her on the table money that was not his,] she is not betrothed.

עַל מְנָת שֶׁיֶּשׁ לִי בֵית כּוֹר עָפָר, הֲרֵי זוֹ מְקֻדֶּשֶׁת וְיֶשׁ לוֹ. עַל מְנָת שֶׁיֶּשׁ לִי בְמָקוֹם פְּלוֹנִי, אִם יֶשׁ לוֹ בְאוֹתוֹ מָקוֹם, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. עַל מְנָת שֶׁאַרְאֵךְ בֵּית כּוֹר עָפָר, הֲרֵי זוֹ מְקֻדֶּשֶׁת וְיַרְאֶנָּה. וְאִם הֶרְאָהּ בַּבִּקְעָה, אֵינָהּ מְקֻדֶּשֶׁת:

(If one said: "You are betrothed to me") on condition that I own a beth-kur of soil [i.e., space for the sowing of a kur, thirty sa'ah], she is betrothed and he owns it [i.e., If there are witnesses that he owns it, she is betrothed of a certainty; and if it is not known whether he owns it, she is betrothed on the possibility (that he does own it). And we do not say: With money, which a man might hide, we suspect that he might have it and that he wants to do her wrong, but with land, we do not entertain this suspicion, for if he owned land it would be known.] "On condition that I have it in that place" — if he has it in that place, she is betrothed; if not, she is not betrothed. "On condition that I show you a beth-kur of soil," she is betrothed and he shows her. And if he showed her [land which is not his] in a field-plot, [even though he may have rented it or received it (in tenancy)], she is not betrothed.

רַבִּי מֵאִיר אוֹמֵר, כָּל תְּנַאי שֶׁאֵינוֹ כִתְנַאי בְּנֵי גָד וּבְנֵי רְאוּבֵן, אֵינוֹ תְנַאי, שֶׁנֶּאֱמַר (במדבר לב), וַיֹּאמֶר משֶׁה אֲלֵהֶם אִם יַעַבְרוּ בְנֵי גָד וּבְנֵי רְאוּבֵן, וּכְתִיב, וְאִם לֹא יַעַבְרוּ חֲלוּצִים. רַבִּי חֲנִינָא בֶן גַּמְלִיאֵל אוֹמֵר, צָרִיךְ הָיָה הַדָּבָר לְאָמְרוֹ, שֶׁאִלְמָלֵא כֵן, יֵשׁ בְּמַשְׁמַע שֶׁאֲפִלּוּ בְאֶרֶץ כְּנַעַן לֹא יִנְחָלוּ:

R. Meir says: Any condition which is not like the condition of the sons of Gad and the sons of Reuven [i.e., a condition and its converse] is not a (valid) condition [and even if the condition is not fulfilled, the commitment stands], viz. (Numbers 32:29-30): "And Moses said to them: 'If the sons of Gad and the sons of Reuven pass over … And if they do not pass over armed, (then they shall have a holding with you in the land of Canaan'"). [And if he had not stated the converse, the gift would stand and they would inherit the land of Gilead even if they did not pass over. And though he said: "If they pass over with you," we do not assume that the converse is implied. We are, likewise, apprised hereby that the condition must precede the commitment, it not being written: "Give it to them if they pass over," from which we infer that if he had stated it thus, the condition would not have preempted the preceding commitment. And we are also apprised that the positive must be stated before the negative, it not being written: "If they do not pass over, do not give them, and if they pass over, give them."] R. Chanina b. Gamliel says: It had to be stated, for if it were not, the implication would be that they would not even inherit in the land of Canaan. [R. Chanina differs vis-à-vis the converse, holding that the statement itself implies the converse. As to Moses' stating the converse, this was necessary (in that particular instance). As to the halachah: If one says: "on condition," it is not necessary to state the converse, the positive before the negative, or the commitment before the condition, but the condition stands. And if he does not say: "on condition," he must state all of the above, and if he does not, the condition is void and the commitment stands. And it makes no difference whether it be a condition in the context of monetary law or in the context of divorce and betrothal — all are the same in this regard.]

הַמְקַדֵּשׁ אֶת הָאִשָּׁה וְאָמַר, כְּסָבוּר הָיִיתִי שֶׁהִיא כֹהֶנֶת וַהֲרֵי הִיא לְוִיָּה, לְוִיָּה וַהֲרֵי הִיא כֹהֶנֶת, עֲנִיָּה וַהֲרֵי הִיא עֲשִׁירָה, עֲשִׁירָה וַהֲרֵי הִיא עֲנִיָּה, הֲרֵי זוֹ מְקֻדֶּשֶׁת, מִפְּנֵי שֶׁלֹּא הִטְעַתּוּ. הָאוֹמֵר לְאִשָּׁה, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי לְאַחַר שֶׁאֶתְגַּיֵּר אוֹ לְאַחַר שֶׁתִּתְגַּיְּרִי, לְאַחַר שֶׁאֶשְׁתַּחְרֵר אוֹ לְאַחַר שֶׁתִּשְׁתַּחְרְרִי, לְאַחַר שֶׁיָּמוּת בַּעֲלֵךְ אוֹ לְאַחַר שֶׁתָּמוּת אֲחוֹתֵךְ, לְאַחַר שֶׁיַּחֲלֹץ לָךְ יְבָמֵךְ, אֵינָהּ מְקֻדֶּשֶׁת. וְכֵן הָאוֹמֵר לַחֲבֵרוֹ, אִם יָלְדָה אִשְׁתְּךָ נְקֵבָה הֲרֵי הִיא מְקֻדֶּשֶׁת לִי, אֵינָהּ מְקֻדֶּשֶׁת. אִם הָיְתָה אֵשֶׁת חֲבֵרוֹ מְעֻבֶּרֶת וְהֻכַּר עֻבָּרָהּ, דְּבָרָיו קַיָּמִין, וְאִם יָלְדָה נְקֵבָה, מְקֻדֶּשֶׁת:

If one betrothed a woman and said: "I thought she was the daughter of a Cohein, and she is the daughter of a Levite; the daughter of a Levite, and she is the daughter of a Cohein; poor, and she is rich; rich, and she is poor" — she is betrothed, for she did not deceive him. If one said to a woman: "You are betrothed to me after I become a proselyte," or: "after you become a proselyte"; "after I gain my freedom (from bondsmanship" or: "after you gain your freedom"; "after your husband dies" or: "after your sister (his wife) dies"; "after your yevamah gives you chalitzah" — she is not betrothed. Likewise, if one says to his friend: "If your wife gives birth to a girl, she is betrothed to me" — she is not betrothed. If his friend's wife were pregnant, and her fetus were recognizable, his words stand, and if she gives birth to a girl, she is betrothed. [Rambam writes that he should not live with her until he betroths her a second time. For "a man cannot bestow something which has not yet entered the world." They stated: "His words stand" only to impose a stringency upon her, that she be forbidden to wed others.]

הָאוֹמֵר לְאִשָּׁה הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי עַל מְנָת שֶׁאֲדַבֵּר עָלַיִךְ לַשִּׁלְטוֹן וְאֶעֱשֶׂה עִמָּךְ כְּפוֹעֵל, דִּבֶּר עָלֶיהָ לַשִּׁלְטוֹן וְעָשָׂה עִמָּהּ כְּפוֹעֵל, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. עַל מְנָת שֶׁיִּרְצֶה אַבָּא, רָצָה הָאָב, מְקֻדֶּשֶׁת. וְאִם לָאו אֵינָה מְקֻדֶּשֶׁת. מֵת הָאָב, הֲרֵי זוֹ מְקֻדֶּשֶׁת. מֵת הַבֵּן, מְלַמְּדִין הָאָב לוֹמַר שֶׁאֵינוֹ רוֹצֶה:

If one said to a woman: "You are betrothed to me on condition that I speak in your behalf to the authorities," or: "on condition that I labor for you as a worker" [the work of one day. Not that he betroths her with the wage of working. For since it is ruled that (the wage for) hired labor is (reckoned) from the beginning (of the labor) until the end, it is found that when he finishes his labor, his wage is a loan to her, and if one betroths a woman with a loan, she is not betrothed. Rather, he betroths her now with a p'rutah on condition that he labor for her afterwards as a worker.] — if he spoke on her behalf to the authorities, or labored for her as a worker, she is betrothed. If not, she is not betrothed. "On condition that my father consent" — if his father consented, she is betrothed; if not, she is not betrothed. [The gemara explains ("that my father consent") as: "that my father not protest," with a period for such protest being stipulated, as when he says to her: "on condition that my father not protest within thirty days." Therefore, if his father consented, i.e., if thirty days passed without his protesting, she is betrothed. If he did not consent, i.e., if he protested within thirty days, she is not betrothed.] If the father died [within thirty days], she is betrothed, [for we say: "Who will protest?"] If the son died [within thirty days], the father is instructed to say that he does not consent, [so that she not fall for yibum.]

קִדַּשְׁתִּי אֶת בִּתִּי וְאֵינִי יוֹדֵעַ לְמִי קִדַּשְׁתִּיהָ, וּבָא אֶחָד וְאָמַר אֲנִי קִדַּשְׁתִּיהָ, נֶאֱמָן. זֶה אָמַר אֲנִי קִדַּשְׁתִּיהָ וְזֶה אָמַר אֲנִי קִדַּשְׁתִּיהָ, שְׁנֵיהֶם נוֹתְנִים גֵּט. וְאִם רָצוּ, אֶחָד נוֹתֵן גֵּט וְאֶחָד כּוֹנֵס:

(If one said:) "I betrothed my daughter, but I do not remember to whom I betrothed her," and someone came and said: "I betrothed her," he is believed [to wed her. For he would not have the audacity to say before the father, who accepted the betrothal, "It was I," if it were not true; he would fear to be refuted.] If one said: "I betrothed her," and another: "I betrothed her," they both give her a get; and if they wish, one gives her a get, and the other weds her.

קִדַּשְׁתִּי אֶת בִּתִּי, קִדַּשְׁתִּיהָ וְגֵרַשְׁתִּיהָ כְּשֶׁהִיא קְטַנָּה, וַהֲרֵי הִיא קְטַנָּה, נֶאֱמָן. קִדַּשְׁתִּיהָ וְגֵרַשְׁתִּיהָ כְּשֶׁהִיא קְטַנָּה, וַהֲרֵי הִיא גְדוֹלָה, אֵינוֹ נֶאֱמָן. נִשְׁבֵּית וּפְדִיתִיהָ, בֵּין שֶׁהִיא קְטַנָּה בֵּין שֶׁהִיא גְדוֹלָה, אֵינוֹ נֶאֱמָן. מִי שֶׁאָמַר בִּשְׁעַת מִיתָתוֹ, יֶשׁ לִי בָנִים, נֶאֱמָן. יֶשׁ לִי אַחִים, אֵינוֹ נֶאֱמָן. הַמְקַדֵּשׁ אֶת בִּתּוֹ סְתָם, אֵין הַבּוֹגְרוֹת בִּכְלָל:

(If one said:) "I betrothed my daughter," (or:) "I betrothed her and divorced her [i.e., I accepted her get] when she was a minor," and she is a minor [now, when he says this about her], he is believed [to disqualify her from (marriage to) the priesthood. For a father is believed in respect to his daughter as long as she is a minor, it being written (Deuteronomy 22:16): "I gave my daughter to this man" (lit., "to (a) man, this"). "to (a) man" forbids her to all men, for we do not know to whom. When he then says: "this," he permits her to him.] (If he said:) "I betrothed her and divorced her when she was a minor," and she is now of age [i.e., If he said this after she came of age, not having said it when she was a minor], he is not believed. (If he said:) "She was taken captive, and I redeemed her," whether she is a minor or of age, he is not believed [to disqualify her from (marriage to) the priesthood. For the Torah granted credence to the father only in respect to marriage, but not in respect to captivity.] If one said before his death: "I have children" [and my wife does not require yibum], he is believed. (If he said:) "I have brothers" [and my wife requires yibum (his wife, until then, having been assumed not to require it)], he is not believed. If one betrothed his daughter without specifying (which daughter he intended), the bogroth (those at the age of majority) are not included. [For they are not under their father's jurisdiction to be betrothed by him. And even if the bogereth made him a messenger to accept her betrothal, we say that a man does not forsake a mitzvah which is incumbent upon him to perform a mitzvah which is not incumbent upon him. But his minor and maiden daughters all require a get on the possibility (of having been betrothed), for we do not know which one of them he betrothed.]

מִי שֶׁיֶּשׁ לוֹ שְׁתֵּי כִתֵּי בָנוֹת מִשְּׁתֵּי נָשִׁים, וְאָמַר קִדַּשְׁתִּי אֶת בִּתִּי הַגְּדוֹלָה וְאֵינִי יוֹדֵעַ אִם גְּדוֹלָה שֶׁבַּגְּדוֹלוֹת אוֹ גְדוֹלָה שֶׁבַּקְּטַנּוֹת, אוֹ קְטַנָּה שֶׁבַּגְּדוֹלוֹת שֶׁהִיא גְדוֹלָה מִן הַגְּדוֹלָה שֶׁבַּקְּטַנּוֹת, כֻּלָּן אֲסוּרוֹת, חוּץ מִן הַקְּטַנָּה שֶׁבַּקְּטַנּוֹת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יוֹסֵי אוֹמֵר, כֻּלָּן מֻתָּרוֹת, חוּץ מִן הַגְּדוֹלָה שֶׁבַּגְּדוֹלוֹת. קִדַּשְׁתִּי אֶת בִּתִּי הַקְּטַנָּה וְאֵינִי יוֹדֵעַ אִם קְטַנָּה שֶׁבַּקְּטַנּוֹת אוֹ קְטַנָּה שֶׁבַּגְּדוֹלוֹת, אוֹ גְדוֹלָה שֶׁבַּקְּטַנּוֹת שֶׁהִיא קְטַנָּה מִן הַקְּטַנּוֹת שֶׁבַּגְּדוֹלוֹת, כֻּלָּן אֲסוּרוֹת, חוּץ מִן הַגְּדוֹלָה שֶׁבַּגְּדוֹלוֹת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יוֹסֵי אוֹמֵר, כֻּלָּן מֻתָּרוֹת, חוּץ מִן הַקְּטַנָּה שֶׁבַּקְּטַנּוֹת:

If one had two sets of daughters from two wives, and he said: "I betrothed my big daughter, and I do not know whether it was the oldest of the elder or the oldest of the younger, or the youngest of the elder, who is older than the oldest of the younger" — they are all forbidden, except the youngest of the younger. These are the words of R. Meir. R. Yossi says: They are all permitted, except the eldest of the older. (If he said:) "I betrothed my little daughter, and I do not know whether it was the youngest of the younger or the youngest of the elder, or the oldest of the younger, who is younger than the youngest of the elder" — they are all forbidden, except the oldest of the elder. These are the words of R. Meir. R. Yossi says: "They are all permitted, except the youngest of the younger. [The tanna must apprise us of the difference between R. Meir and R. Yossi (both) in respect to "I betrothed my big daughter" and "I betrothed my little daughter." For if we were taught only the former, we might think that it is only in this regard that R. Meir says what he does. For since there is a younger daughter he calls this one "big," for it is prestigious to a man to call his daughter "big," even though she is young, so long as there is another younger than she. But with "my little daughter," perhaps he would concur with R. Yossi that if he could call her "big," he would not call her "little." And if we were taught only the latter ("I betrothed my little daughter"), we might think that it is only in this regard that R. Yossi says what he does, but in the other instance ("I betrothed my big daughter"), perhaps he would concur with R. Meir. Therefore, we must be apprised of both. The halachah is in accordance with R. Yossi in both instances.]

הָאוֹמֵר לְאִשָּׁה, קִדַּשְׁתִּיךְ, וְהִיא אוֹמֶרֶת לֹא קִדַּשְׁתָּנִי, הוּא אָסוּר בִּקְרוֹבוֹתֶיהָ, וְהִיא מֻתֶּרֶת בִּקְרוֹבָיו. הִיא אוֹמֶרֶת קִדַּשְׁתָּנִי וְהוּא אוֹמֵר לֹא קִדַּשְׁתִּיךְ, הוּא מֻתָּר בִּקְרוֹבוֹתֶיהָ, וְהִיא אֲסוּרָה בִקְרוֹבָיו. קִדַּשְׁתִּיךְ, וְהִיא אוֹמֶרֶת לֹא קִדַּשְׁתָּ אֶלָּא בִתִּי, הוּא אָסוּר בִּקְרוֹבוֹת גְּדוֹלָה, וּגְדוֹלָה מֻתֶּרֶת בִּקְרוֹבָיו. הוּא מֻתָּר בִּקְרוֹבוֹת קְטַנָּה, וּקְטַנָּה מֻתֶּרֶת בִּקְרוֹבָיו:

If one says to a woman: "I betrothed you," and she says: "You did not betroth me," he is forbidden to (marry) her kin, and she is permitted to marry his kin. If she says: "You betrothed me," and he says: "I did not betroth you," he is permitted to marry her kin, and she is forbidden to marry his kin. [We must be apprised of both "If he says: "I betrothed you," and: "If she says: You betrothed me." For if we were taught only the former, we might think that it is only right that she not be forbidden to his kin, for he might be lying. For it does not matter to a man if he forbids himself gratuitously to her kin, so that he might lie and say: "I betrothed you," even if he had not done so. But she, who, if she says; "You betrothed me," forbids herself to all men — perhaps if she were not certain, she would not say it — so that he, too, should be forbidden to her kin, even if he gave her a get. We are, therefore, apprised that this is not so.] (If he says:) "I betrothed you," and she says: "You betrothed only my daughter," he is forbidden to the kin of the older (i.e., the mother) and the older is permitted to his kin. He is permitted to the kin of the younger, and the younger is permitted to his kin. [For we might think that since the father is granted credibility by the Torah vis-à-vis his daughter, she is granted credibility by rabbinical ordinance; we are therefore, apprised otherwise.]

קִדַּשְׁתִּי אֶת בִּתֵּךְ, וְהִיא אוֹמֶרֶת לֹא קִדַּשְׁתָּ אֶלָּא אוֹתִי, הוּא אָסוּר בִּקְרוֹבוֹת קְטַנָּה, וּקְטַנָּה מֻתֶּרֶת בִּקְרוֹבָיו, הוּא מֻתָּר בִּקְרוֹבוֹת גְּדוֹלָה, וּגְדוֹלָה אֲסוּרָה בִקְרוֹבָיו:

(If he says:) "I betrothed your daughter," and she says: "You betrothed only me," he is forbidden to the kin of the younger, and the younger is permitted to his kin; he is permitted to the kin of the older and the older is forbidden to his kin. [Since we are apprised of the above instances, we are apprised of this, too, even though it is superfluous. And in all of the instances where she says: "You betrothed me," we ask him to give her a get to permit her (to marry). And if he gave a get of himself, we compel him to give her a kethubah.]

כָּל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְאֵין עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַזָּכָר. וְאֵיזֶה, זוֹ כֹהֶנֶת, לְוִיָּה וְיִשְׂרְאֵלִית שֶׁנִּשְּׂאוּ לְכֹהֵן וּלְלֵוִי וּלְיִשְׂרָאֵל. וְכָל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְיֵשׁ עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַפָּגוּם. וְאֵיזוֹ, זוֹ אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין. וְכָל מִי שֶׁאֵין לָהּ עָלָיו קִדּוּשִׁין אֲבָל יֶשׁ לָהּ עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד מַמְזֵר. וְאֵיזֶה, זֶה הַבָּא עַל אַחַת מִכָּל הָעֲרָיוֹת שֶׁבַּתּוֹרָה. וְכָל מִי שֶׁאֵין לָהּ לֹא עָלָיו וְלֹא עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד כְּמוֹתָהּ. וְאֵיזֶה, זֶה וְלַד שִׁפְחָה וְנָכְרִית:

Wherever there is betrothal and no transgression [i.e., where betrothal "takes" and there is no transgression in the marriage], the child follows (the lineage of) the male. [This rule is non-categorical; for in the instance of a proselyte who marries a mamzereth, there is betrothal and no transgression, for the congregation of proselytes is not called a "congregation" (of the L-rd) viz. Deuteronomy 23:3 - "A mamzer may not come into the congregation of the L-rd", in spite of which the child does not follow the lineage of the male, the child being a mamzer, whether a proselyte married a mamzereth or a mamzer married a proselyte.] Which is that? [i.e., an instance in which the child follows the lineage of the father]? The daughter of a Cohein, a Levite, and an Israelite married to a Cohein, a Levite, and an Israelite, (the child bearing the father's designation). And wherever there is betrothal and transgression, the child follows the blemished one. Which is that? A widow married to a high-priest; a divorcée or a chalutzah married to a regular priest (in which instance the child is a challal, banned to the priesthood), a mamzereth and a Nethinah married to an Israelite; the daughter of an Israelite married to a mamzer or a Nathin. And wherever her betrothal does not "take" with him, but it does take with others, the child is a mamzer. Which is that? One who lives with any of the [kareth-interdicted] arayoth of the Torah. [In Yevamoth (49a) This is derived from (Deuteronomy 23:1): "A man shall not take his father's wife," followed by (3): "A mamzer shall not come into the congregation of the L-rd." And it ("his father's wife") is understood to be a woman awaiting yibum with his father, i.e., the wife of his father's brother, who is kareth-interdicted to him.] And wherever her betrothal takes neither with him nor with others, the child is as she is. Which is that? The child of a bondswoman and a gentile woman. [In respect to a bondswoman it is written (Exodus 21:4): "The woman and her children shall belong to her master." And, in respect to a gentile woman it is written (Deuteronomy 7:4): "For he will turn your son away from Me." The fact that "For she will turn" is not written indicates the meaning to be: Do not give your daughter to his son, for he, your daughter's husband, will turn your son, which your daughter will bear to him, away from Me. But it ("For he will turn") does not refer to "Do not take his daughter for your son," for the son of a gentile woman is not called "your son," but "her son."]

רַבִּי טַרְפוֹן אוֹמֵר, יְכוֹלִין מַמְזֵרִים לִטַּהֵר. כֵּיצַד. מַמְזֵר שֶׁנָּשָׂא שִׁפְחָה, הַוָּלָד עֶבֶד. שִׁחְרְרוֹ, נִמְצָא הַבֵּן בֶּן חוֹרִין. רַבִּי אֱלִיעֶזֶר אוֹמֵר, הֲרֵי זֶה עֶבֶד מַמְזֵר:

R. Tarfon says: Mamzerim can cleanse themselves. How so? If a mamzer weds a bondswoman, the child is a bondsman. If he (his father) frees him, the son is a freed-man, (who may marry an Israelite). [Even ab initio a mamzer may marry a bondswoman to cleanse his children.] R. Eliezer says: He (the son) is a mamzer-bondsman. [the halachah is in accordance with R. Tarfon. And R. Tarfon concedes that if a bondsman marries a mamzereth, the child is a mamzer, for a bondsman has no pedigree.]