Mishnah
Mishnah

Comentário sobre Kiddushin 2:2

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:

(Se ele dissesse :) "Esteja comprometido comigo por este copo de vinho", e descobriu-se que era de mel; de mel, e foi encontrado para ser de vinho; com este dinar de prata, e foi descoberto que era de ouro; de ouro, e foi encontrado para ser de prata; desde que eu seja rico, e ele seja considerado pobre; que eu sou pobre, e ele foi considerado rico—ela não é prometida. [Para alguns (mulheres) preferem esse; e outros, o outro]. R. Shimon diz: Se ele a enganou a seu favor, ela está noiva. [R. Shimon difere apenas em relação à vantagem monetária; mas com "vantagem de pedigree", como: um levita, e ele foi considerado um Cohein, ele admite que, mesmo que ele a tenha enganado (ou ela o enganou) para sua vantagem, ela não está prometida. Pois seu pedigree mais alto não é necessariamente desejável para ela, pois isso pode levá-lo à vaidade. A halachá não está de acordo com R. Shimon.]

Bartenura on Mishnah Kiddushin

של זהב ונמצא של כסף כו' – There are different people who prefer only that or that.
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English Explanation of Mishnah Kiddushin

[If a man says to a woman], “Be betrothed to me with this cup of wine,” and it is found to be of honey, or “of honey” and it is found to be of wine;
“with this silver denar,” and it is found to be of gold, or “of gold” and it is found to be of silver;
“on condition that I am wealthy,” and he is found to be poor, or “poor” and he is found to be rich, she is not betrothed.
Rabbi Shimon says: if he deceives her to [her] advantage, she is betrothed.

A man may not deceptively betroth a woman; she must agree to her betrothal with full understanding of what he is giving her and under what conditions. This mishnah deals with a man who somewhat deceptively attempts to betroth a woman.
In each case in this mishnah, the husband makes an incorrect statement as part of the betrothal formula. For instance, he states that he is betrothing her with a cup of a certain liquid and it turns out to be a different liquid. Alternatively, he says that he is betrothing her with a certain type of coin and it turns out to be a different coin. Finally, he tells her that he is of a certain economic status and he is not. According to the first opinion, since the facts as he stated them are incorrect, the betrothal is ineffective. This is true even if he deceived her to her own advantage. For instance, he said that he was giving her a cup of wine and it turned out to be a cup of honey, which is more valuable than wine. According to the first opinion, we don’t reason that a woman who would agree to be betrothed to a certain man with a cup of wine would also agree to such a betrothal if done with a cup of honey, since she could always sell the honey to buy wine. Rather, the betrothal statement must be accurate.
Rabbi Shimon disagrees. He holds that if the deception is clearly to her advantage, the betrothal is valid. Therefore, if he says that the cup was honey and it turned out to be wine (cheaper) she is not betrothed. But if he told her that the cup was wine and it turned out to be honey, she is betrothed.
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Bartenura on Mishnah Kiddushin

רבי שמעון אומר: אם הטעה לשבח, הרי זו מקודשת – Rabbi Shimon does not dispute other on [the question] of financial increase; for in and of itself, if it is of the same value, it would be fine for him. But regarding the increase in value of genealogies, such as “if he is a Levite, and it was found that he is a Kohen, Rabbi Shimon would admit that even if he had been deceived or he deceased her, even for something better, she is not betrothed, for his betterment is not pleasant for her since he exalts himself over her. And the Halakha is not according to Rabbi Shimon.
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