Una donna viene acquisita in tre modi [Poiché una donna è promessa sposa solo con il suo consenso, viene insegnato: "Una donna è promessa sposa" piuttosto che: "Una promessa uomo". E poiché all'inizio viene insegnato: "Viene acquisita una donna", alla fine viene insegnato: "Viene acquisito uno yevamah", anche se uno yevamah viene acquisito dallo yavam con o senza il suo consenso.], E lei si acquisisce in due modi. Viene acquisita dal denaro [Questo è derivato (dall'identità) "prendendo" - "prendendo" dal campo di Efron, essendo scritto qui (Deuteronomio 24: 1): "Se un uomo prende una donna" e lì (Genesi 23: 3): "Ho dato i soldi per il campo; prendeteli da me."], Per iscritto [come quando le scrive su carta o su un frammento, anche se non vale la pena un p'rutah: "Tua figlia è fidanzata (mekudesheth) con me", "Tua figlia è fidanzata (meesure) con me", "Tua figlia sarà con me come moglie" e le darà in presenza di testimoni. Questo deriva da (Deuteronomio 24: 2): "E lei uscirà ... e lo sarà." Proprio come uscire con uno scritto, vale a dire. (Ibid. 1): "E le scriverà un atto di divorzio," così "essere" è con uno scritto.], E per convivenza [convivendo con lei in presenza di testimoni ai fini del fidanzamento, vale a dire. (Ibid.): "Se un uomo prende una donna e convive con lei, ecc." E sebbene nella Torah non vi siano fidanzamenti più espliciti di quelli della convivenza, i saggi affermarono che se uno si fidanzerà per convivenza dovrà ricevere "strisce di ribellione", in modo che i figli di Israele non siano promiscui.] In denaro: Beth Shammai dice: Con un dinaro o con il valore di un dinaro. Beth Hillel dice: Con un p'rutah [mezzo "grano d'orzo" d'argento] o con il valore di un p'rutah. E quanto costa un p'rutah? Un ottavo di un issar italiano.] E si acquisisce con un guadagno e con la morte di suo marito. Uno yevamah viene acquisito [dallo yavam, per essere sua moglie sotto ogni aspetto], dalla convivenza. [Ma i soldi e gli scritti non le valgono per la legge della Torah. I saggi, tuttavia, ordinarono che Ma'amar (il passaparola) si ostinasse a proibirla agli altri fratelli, ma non a esentarla da Chalitzah e a non (permettergli di) diventare impuro per lei], e si acquisisce con chalitzah e con la morte dello yavam.
Bartenura on Mishnah Kiddushin
האשה נקנית – since a woman is not betrothed other than with her knowledge, it [the Mishnah] teaches, “a woman is acquired” and it does not teach, “the man purchases. And since the first part [of the Mishnah] teaches, “a woman is acquired,” the end [of the Mishnah] teaches, the widow of a brother who died without issue (i.e, “yevamah”), and even though the widow of a brother who died without issue is acquired by the brother of her deceased husband whether of her own knowledge or without her knowledge.
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English Explanation of Mishnah Kiddushin
Introduction
The first mishnah of Kiddushin teaches how a woman is “acquired” in marriage and how she “acquires” herself, that is to say, how she becomes free to marry another man. The mishnah also teaches how a “yevamah” is “acquired.” A “yevamah” is a woman whose husband has died without any children (see the intro to tractate Yevamoth). According to the Torah she must either marry her husband’s brother or perform halitzah, the release from the obligation to her brother-in-law.
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Bartenura on Mishnah Kiddushin
נקנית בכסף – We learn/derive [through an analogy – Gezarah Shavah – of the words] קיחה קיחה from the field of Ephron. It is written here (Deuteronomy 24:1): “A man takes a wife [and possesses her],” and it is written there (Genesis 23:13): “Let me pay the price of the land; accept it from me, [that I may bury my dead there].”
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English Explanation of Mishnah Kiddushin
A woman is acquired in three ways and acquires herself in two: She is acquired by money, by document, or by intercourse. “By money”: (1) Bet Shammai says: a denar or the equivalent of a denar; (2) Bet Hillel says: a perutah or the equivalent of a perutah. ( And how much is a perutah? ( An eighth of an Italian issar. A man can betroth his wife in any one of three ways. The first is by giving her a small amount of money and saying to her “Behold you are betrothed to me with this money.” Bet Shammai and Bet Hillel debate how much money is needed to effect betrothal. What is crucial is that both a denar and a perutah are small amounts of money; a perutah is almost valueless. These are not representative of a woman’s true value, which is clearly much greater. Rather they are symbolic, especially in Bet Hillel’s opinion. To this day, nearly all betrothals are effected through money. Since the Middle Ages and perhaps earlier, Jews have used rings to effect betrothal. This custom was originally a Christian custom. In the Talmud rings are never used. The second way is for the husband to write her a document in which it is stated, “Behold you are betrothed to me.” This document is not to be confused with a ketubah, although some scholars posit that they are both derived from common origins and that originally they were written together. The thirds means of betrothal is sexual relations. This act must be done with the intent of betrothal. No one holds that casual intercourse can effect betrothal. The thornier problem is whether or not sexual relations between a couple “living together” can effect betrothal. Most modern halakhists rule that it does not, although there are some who hold that couples who live together with the intent to form a familial type of unit do require a get in order to separate.
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Bartenura on Mishnah Kiddushin
בשטר – such if he wrote it [his betrothal] on blank paper/parchment or on earthenware, and even though it does not have the value of a Perutah/penny [the words]: “your daughter is betrothed/[literally: sanctified] to me; [or] your daughter is betrothed to me; or your daughter is my wife in matrimony” and he gave it to her before witnesses, as we derive it as it is written (Deuteronomy 24:2): “she leaves [his household] and becomes [the wife of another man].” Just as leaving is with a document, as it is written (Deuteronomy 24:1): “he writes her a bill of divorcement,” so her become the wife [of another man] is with a document.
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English Explanation of Mishnah Kiddushin
And she acquires herself by divorce or by her husband's death. A woman becomes halakhically separated from her husband either by divorce or by death. Without one of the two, any relations that she has with another man will be considered adultery.
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Bartenura on Mishnah Kiddushin
ובביאה – He comes upon her [sexually] in front of witnesses for the purposes of betrothal/sanctification, as it is written (Deuteronomy 24:1): “A man takes a wife and possesses her,” and even though one does not have explicit “betrothal/sanctification” in the Torah greater than sanctification through coition (sexual connection), the Sages state that he who sanctifies [i.e., acquires his wife] through coition, we flog him as a punishment for disobedience (which is left to the discretion of the court) in order that Israelite men would not be promiscuous/lawless.
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English Explanation of Mishnah Kiddushin
A yevamah is acquired by intercourse. The dead husband’s brother-in-law “acquires” his brother’s widow through sexual intercourse. As we learned in Yevamot, the yevamah is not acquired by money, as a woman would be in cases of normal betrothal. However, the rabbis added on that before the couple has sexual relations, the yavam should perform an act of betrothal through money, as is done in normal cases. This act of betrothal does not have toraitic (deoraita) legal consequences.
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Bartenura on Mishnah Kiddushin
בפרוטה – which is one-half a barley of silver
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English Explanation of Mishnah Kiddushin
And she acquires herself by halitzah or by the yavam’s death. The yevamah is free to marry another man if she performs halitzah with the yavam. Alternatively, if the yavam dies (in a situation where there is only one yavam) she also may marry anyone she so chooses. Note that once she is married she is considered a normal wife, and she “acquires” herself through the death of her husband or through divorce.
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Bartenura on Mishnah Kiddushin
היבמה נקנית – to be the wife of her deceased husband’s brother in all matters through coition, but [through] money [or] document are not effective for her from the Torah, but the Rabbis are those who decreed that word-of-mouth by the deceased husband’s brother makes her ineligible [to marry] the rest of the brothers, but not to exempt her from the ceremony of removing the shoe of her dead husband’s brother (Deuteronomy 25:5-11), nor to become defiled to her.
