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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.

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.

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].”

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.

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.

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.

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.

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.

בפרוטה – which is one-half a barley of silver

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.

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.

עבד עברי נקנה בכסף – as it is written: (Leviticus 25:51): “the price of his sale [shall be applied to the number of years, as though it were for a term as a hired laborer under the other’s authority],” which teaches that he is acquired through money.

Introduction There are different rules for Hebrew slaves than there are for “Canaanite” slaves non-Jewish slaves. One of the major differences is that all of the biblical verses which discuss a slave’s going free after a certain period of time are considered by the rabbis as referring to Hebrew slaves. This includes Exodus 21:1-11; Leviticus 25:39-44, 47-55; Deuteronomy 15:12-18. Leviticus 25:44-46 refers to Canaanite slaves. Non-Jewish slaves are called “Canaanite” after Genesis 9:25, “Cursed be Canaan; the lowest of slaves shall he be to his brothers.” The major difference between the two is that a Hebrew slave goes free automatically after a certain number of years of servitude, whereas a Canaanite slaves works in perpetuity. We should note that the practice of owning Hebrew slaves was probably non-existent, or at least almost non-existent, in the mishnaic/talmudic periods. However, Jews did own non-Jewish slaves. Slavery was a common feature of the Greco-Roman world. The halakhah in general mandates relatively liberal treatment of the slave, but it did not forbid slavery.

ובשטר – as it says concerning the Hebrew bondwoman (Exodus 21:10): “If he marries another, [he must not withhold from this one her food, her clothing, or her conjugal rights],” the Biblical text makes a comparison to “another;” just as “another” [is acquired] by a document, so too the Hebrew bondwoman is acquired] by a document, and the [law concerning the] Hebrew slave is learned from the Hebrew bondwoman as it is written (Deuteronomy 15:12): “If a fellow Hebrew, man or woman [is sold to you, he shall serve you six years, and in the seventh year you shall set him free],” the Bible compares the Hebrew man to the Hebrew woman.

A Hebrew slave is acquired by money and by document; There are two possibilities for how an Israelite can legally be sold as a slave. First of all, he may sell himself into slavery in order to pay off his debts. In such a case he may be sold to a Jew or to a Gentile. The second possibility is that the court may sell him in order to make compensation for something he sold. The mishnah teaches that in these cases the sale must be done either through money or through a sale document.

בשנים – at the end of six years, he shall go free, even if the year of release is was amidst the six years, he serves, as it written (Exodus 21:2): “he shall serve six years; [in the seventh he shall go free, without payment].” Sometimes he works in the seventh year.

And acquires himself by years, by Jubilee, and by deduction from the purchase price. The slave goes free after six years of servitude, as is taught in the beginning of chapter 21 of Exodus. If the Jubilee year, which occurs once every fifty year, happens before he serves out his six years, then he goes free earlier (see Leviticus 25:40). If the slave somehow earns enough money to pay back the original sale price, he has the right to do so at any time. For instance if he was sold for 600 denar, and he would have worked for six years, each year is worth 100 denar, and depending upon when he wants to buy himself back, he pays back 100 denar per year left of work. The master cannot refuse to allow the slave to buy himself back. In this way, the Hebrew slave is more like an indentured servant than truly a slave.

וביובל – If [during the period of servitude] the Jubilee year comes in contact with [this period] he [i.e., the master] frees him [i.e., the slave].

A Hebrew maidservant is greater in that she acquires herself by ‘signs [of physical maturity]’. The sale of female Hebrew slaves is even more restricted. According to halakhah there is no such thing as a female adult Hebrew slave. She can only be sold as a minor and when she shows physical signs of reaching maturity (pubic hair) she becomes free automatically, without having to pay back her sale price. In addition, she can also become free in any of the ways that a male Hebrew slave becomes free. It seems that the institute of minor female slaves was probably a way for the father to marry off his daughter without paying a dowry. While this practice seems cruel to us, it may have been a better option for the daughter than the alternative.

ובגרעון כסף – as it is written with the Hebrew bondwoman (Exodus 21:8): “[…who designated her for himself,] he must let her be redeemed…”; there is a comparison made between the male Israelite slave and the female Israelite bondwoman – if his master purchased him for six Maneh and he is destined to leave [his control] at the end of six [years], it is determined that he purchases every year [of service] for a Maneh, and when he comes to redeem himself, his master deducts from his redemption price the value of the years of service that he performed.

He whose ear is bored is acquired by boring, and acquires himself by Jubilee or his master's death. In Exodus 21:5-6 we learn that a slave who does not wish to regain his freedom must have his ear pierced and then he may work indefinitely for his master. The piercing causes him to be acquired to his master for a period beyond the normal period of servitude. However, he does not work forever and his master’s inheritors do not inherit him. Rather he goes free either at his master’s death or at the Jubilee year, which ever comes first. At this point, even if he wishes to remain a slave he has no such choice.

יתירה עליו אמה – that she purchases herself with all of these signs of [feminine] adulthood, as we derive from (Exodus 21:11), “she shall go free,” they use the additional word [of] “going free” for the purpose of widening the scope of the law, that she goes free with [the appearance] of signs [of female adulthood].

ובמיתת האדון – as it is written (Exodus 21:5): “he shall then remain his slave for life.” To him, but not to his son. But if he [i.e., the slave] is sold and the master dies during the six years, he serves the son, as it says, (Exodus 21:2): “he shall serve six years,” whether to him or to his son. And specifically for a son who serves all six [years] if the master dies, but for a daughter or a brother or others who inherit, he does not serve, as it is written (Deuteronomy 15:12): “[If a fellow Hebrew, man or woman, is sold to you,] he shall serve you six years, [and in the seventh year you shall set him free,” to you, but not to those who inherit. And the Hebrew bondwoman acquires herself with the death of the master like the bondsman who has his ear bored through, as it is written concerning the bondsman who has his ear bored through (Deuteronomy 15:17): “Do the same with your female slave.”

עבד כנעני נקנה בכסף ובשטר ובחזקה – As it is written (Leviticus 25:46): “You may keep them as a possession for your children [after you], for them to inherit as property…,” they (i.e., the Rabbis) made an analogy [on a principle common to both between] עבדים /servants to קרקעות/property. Just as property is acquired by money, document and/or claim based upon undisturbed possession [during a legally fixed period], so also, a Canaanite slave is acquired by money, document and undisturbed possession. And the undisturbed possession of the [Canaanite] slave, such as that he unloosed the shoe for his master, or he helped him put on his shoe, or carried his utensils after his master to the bath house, or undressed him, or washed him, or anointed him, dragged [his possessions], or dressed him, or lifted him up or the master lifted up the slave, he has acquired him.

Introduction In today’s mishnah we learn how Canaanite slaves are acquired. We should note that Canaanite slaves essentially become Jews by being owned by Jews. The males are usually to be circumcised, both male and female slaves must undergo ritual immersion and according to halakhah are obligated by most of the commandments.

בכסף על ידי אחרים – and they will give it (i.e., the money) to the Master in order that this one (i.e., the Canaanite slave) will be a free person, but he himself cannot receive from them, and even on the condition that the Master does not have control over him, since he holds that there is no acquisition for the slave in any side without his Master [being involved].

A Canaanite slave is acquired by money, deed, or by possession, And acquires himself by money through the agency of others, and by document through his own agency, the words of Rabbi Meir. The Sages say: by money, through his own agency, and by document, through the agency of others, providing that the money comes from others. Money and deed acquire Canaanite slaves, just as they acquire Hebrew slaves. In addition, Canaanite slaves can be acquired through “possession”, which could also alternatively be translated as “presumption of ownership.” We learned the rules of possession in the third chapter of Bava Batra. Practically this would mean that a slave, who treated a certain person as if that person were his owner, would become the property of that person.

ובשטר ע"י עצמו – For he holds that is obligatory for the slave that he leave from under the hands of his master to freedom, for if the slave is of a Kohen, this disqualifies him from eating the Priest’s due, and if the slave is of an Israelite, it prohibits him from [marrying] a slave/handmaid; and because of this it is said that he does not go out to freedom with a document from/by others, but only by himself, and because it is an liability for him, we do not act on behalf of a person to the latter’s disadvantage other than in his presence (see Mishnah, Tractate Eruvin, Chapter 7, Mishnah 11). And [through] money, which is via others, is different, for the acceptance by the master causes him to be liberated on his own, and these others cannot act on behalf of a person to the latter’s disadvantage, other than through the acceptance of the master, for the master is not made into his agent, but rather, for the needs of himself, and who transfers [possession] on his own.

Both Rabbi Meir and the Sages agree that a slave acquires his freedom either through a manumission document or through his freedom being purchased with money. However, they disagree over whether or not the slave may purchase himself back. According to Rabbi Meir a Canaanite slave can never own property. Any property which he would acquire would automatically become the property of his owner, since the owner owns the slave. Therefore, only other people may purchase the slave’s freedom. When it comes to a document, the document must be received by the slave himself. The Sages disagree on both counts. They hold that a slave may, under certain circumstances, own his own property. This is possible if other people give the slave money with the condition that the owner not take possession of that money. According to the Sages either he or others may purchase his freedom. Similarly, they disagree about the document. The master can write out a manumission document, give it to another person beside the slave and thereby free the slave. Note that the Sages could have stated that “a slave is acquired by documents or money through his own agency or the agency of others.” This would have been a clearer and slightly briefer statement of the sages’ intent. Instead, the mishnah phrases their statement as the opposite of Rabbi Meir’s statement in order to retain the parallelism.

וחכ"א בכסף ע"י עצמו – for they hold that there is acquisition for the slave without his master; therefore, he acquires himself through money, even through himself, and all the more so, through others.

ובשטר ע"י אחרים – as they hold that it is a benefit to the slave that he would go out from under the hand of his master to freedom, and we do something for another’s benefit in his absence. And the Halakha is according to the Sages. But the Canaanite slave acquires his [freedom] if his master blinded his eye or caused him to lose a tooth or mutilated from him one of twenty-four heads of limbs, which are [the tops] of the fingers of the hand, and digits of the feet, and the tops of the ears, the head of the nose, and head of the male genitals, and the tops of a woman’s breasts, and that which is not considered in our Mishnah to be included in those things that the slave acquires himself, because one who goes free through the tops of his limbs requires a document of manumission from his master, that is, that he acquires himself through a document.

ובלבד שיהא הכסף משל אחרים – for a slave has nothing, for even what he finds and/or receives as a gift – everything belongs to his master. And if he came to be redeemed by himself, the monies must come from others who would give it him on the condition that his master has no control over him.

במסירה – the owners transfer it to the purchaser by a bit or by its hair.

Introduction Today’s mishnah teaches how large animals such as cows and oxen, and small animals such as sheep and goats are acquired. We should note that money does not acquire animals, nor does it acquire any other movable property. According to mishnaic law a person must actually come into contact with the animal in order to acquire it. We should note that while this may have worked for the small agricultural communities of Palestine in antiquity it became very difficult by and perhaps long before the Middle Ages. By that time Jews were heavily involved in international trade and could not possibly physically handle every commodity that they acquired. Hence alternative legal means were worked out whereby money could be used to acquire legal rights to movable commodities.

בהגבהה – but not by taking possession by drawing towards one’s self the object to be acquired

Large animals are acquired by being handed over and small animals by lifting, the words of Rabbi Meir and Rabbi Elazar. The sages say: small animals are acquired by being led. According to Rabbi Meir and Rabbi Elazar large animals are acquired by being “handed over” from their owner to the purchaser. This would entail the purchaser taking hole of the reins, saddle or even hair of the animal. Small animals, however, may be lifted and therefore they are acquired only through lifting. They are not acquired by being handed over or by being led. The sages disagree with regard to the acquisition of small animals. Despite the fact that they can be lifted, it is still difficult to do so. Therefore they are acquired by being led. Since goats and sheep do not have reins they are led by being pushed or directed by voice commands.

נקנית במשיכה – and even though that it is possible [to be acquired] by lifting, nevertheless, it is acquired by “pulling” (i.e., drawing towards oneself the object to be acquired), because it clutches [the ground], for she becomes strong with her nails by grasping through the ground. And the Halakhic decision is that whether [we are speaking of] a small animal or a large animal, it is acquired by “pulling” and all the more so by lifting up, for “pulling” acquires in a market-stand/alley adjoining an open place to which merchants retire to transact business, which is the corner of the public domain, or in the courtyard of both of them (i.e., the seller and the purchaser). But “pulling” purchases in the public domain or in a courtyard that does not [belong] to them both. And “lifting” acquires in any place. And all that it is customary [to acquire] through “lifting” is not acquired other than through lifting. And Something that is acquired by transferring is not acquired by pulling. And similarly, a thing that is acquired by “pulling” is not acquired by transferring.

נכסים שיש להם אחריות – that is landed property, that the person who lends his fellow relies upon them that they are enduring and standing. And the explanation of the word אחריות/property which may be resorted to in case of non-payment is “return” – that the lender can return to them and forcibly seize the mortgaged property [that had been sold] if he would not find anything with borrower [upon his non-payment of the loan].

Introduction Today’s mishnah discusses the acquisition of land and movable property. Land in the Mishnah is called property which “has security.” This means that creditors can collect from this property for outstanding debts, even if the land is already owned by a third party (not the debtor). “Movable property” cannot be used for debt collection from third parties.

נקנין בכסף – as it is written (Jeremiah 32:44): “Fields shall be purchased [and deeds written and sealed...],” and these words [apply] in a place where it is not customary to write a document, but in a place where it is customary to write a document, he does not acquire it until he writes a document.

Property which has security is acquired by money, by deed or by possession. Land is acquired through money, deed or possession. That is to say if Reuven wants to acquire land from Shimon he can do one of three things. Either he can pay money to Shimon, write out a document, or demonstrate possession over the land with Shimon’s consent.

בשטר – that he writes on paper/parchment or on earthenware, that it is enough that is given to you or it is enough that is purchased by you, and he transfers it to the purchaser. And specifically, when it is a gift, land is purchased by a document. But in a sale, [it is not transferred] until he gives him the money, unless he sells his field because of its poor [quality], and in this, it is sold by a document alone. And from where do we learn that land is acquired by a document? It is written (Jeremiah 32:44): “[Fields shall be purchased,] and deeds written and sealed, [and witnesses called in the land of Benjamin and in the environs of Jerusalem, in the towns of Judah…].”

[Property] which does not have security is acquired only by being drawn [to the purchaser]. Just as animals are not acquired by money, so too “things” are not acquired through money. Rather the purchaser must physically take the object he wishes to acquire into his possession. Until he does so, the item still belongs to the seller.

ובחזקה – such as that he dug a bit into the ground, or locked or fenced in or made a slight breach in the presence of the seller. But if it was not in his presence, he must say to him: “Go, take possession and acquire.” And from where do we learn that property is acquired by a claim based upon a presumption of undisturbed possession until evidence of a change is produced? As it is written (Deuteronomy 11:31): “…when you have occupied it and are settled in it.” How does one occupy it? Through settling it.

Property which does not have security may be acquired in conjunction with property which does have security by money, deed, or possession; A person may acquire land through money, deed or possession, and at the same time acquire movable property without making a separate demonstration of acquisition. For instance if Reuven wishes to buy from Shimon a piece of land and a herd of sheep, he may acquire the land and the sheep with money, even though money alone would not be sufficient to acquire the sheep.

ושאין להם אחריות אין נקנין אלא במשיכה – As it is written (Leviticus 25:14): “[When you sell property to your neighbor,] or buy any from your neighbor, [you shall not wrong one another].” A thing which is possible to give him from hand to hand is not acquired other than by giving [it] from hand to hand.

And it obligates the property which provides security, to take an oath concerning them. In Shevuoth 6:5 we learned that people do not take oaths over land. For instance, if Reuven claims that Shimon owes him land, and Shimon admits to part of the claim, he need not swear that he does not owe him the rest, as he would were Reuven to claim that Shimon owes him money or animals. However, if Shimon needs to take an oath over movable property and land, since he must take an oath over the movable property he must also take an oath over the land. This could happen if Reuven claims that Shimon owes him a piece of land and a 100 sheep. If Shimon admits that half of the land is Reuven’s and half of the sheep, he must take an oath over both the land and the sheep which he claims not to owe.

נקנין עם נכסים כו' – If he sold movables with the land, since the purchaser bought the land in one of these three [forms] of acquisition, the movables are purchased with it, and he (i.e., the seller) should say to him: “acquire these subsidiary to the property, and we derive this from a Biblical verse, as it is written in Chronicles (II Chronicles 21:3): “Their father gave them many gifts of silver, gold and [other] presents, as well as fortified towns [in Judah…..].”

וזוקקין – these properties which cannot be resorted to (i.e., movable properties), with property from which debts may eventually be collected (i.e., landed property). And even though no oath is imposed on these properties, where they claimed movables and landed property and mandated an oath on the movables, the movables obligate an oath on the landed properties through an oath of implication (i.e., the rule permitting the court to insert in an oath an affirmation to which the person concerned could not have been compelled directly). And we learned the oath of implication from the woman suspected of having committed adultery, as it is written (Numbers 5:22): “And the woman shall say, ‘Amen, Amen,’” “Amen” from this man, “Amen” from another man,” “Amen” that she did not act foolishly while she was betrothed; “Amen” that she did not act foolishly while married, a widow waiting for the יבם/the dead husband’s brother to marry or reject her and the case of a woman conduced to one’s house to consummate the marriage.

כל הנעשה דמים באחר – The Gemara explains (Kiddushin 28a-b): whatever is assessed as an equivalent (i.e., an exchange is meant and not a sale for cash), [for] anything – if one comes to give him money for another thing, must assess its value, that is, all the movables except for coins.

Introduction The first half of the mishnah discusses acquiring things through barter. The second half of the mishnah delves into the difference between the laws of acquisition for the Temple and those for an ordinary person.

כיון שזכה זה – that is to say, once the first [person] pulls, the second is obligated for an exchange (I.e., a form of possession by handing to the purchaser an object as a symbolical substitute), in every place that they are, and if they died or lost it, and even though he had not pulled, since through the pulling by the seller of the scarf or the object, the object is acquired by the purchaser in whatever place he is in. And even though the object that they are purchasing is not worth at least a penny, and as long as it is not a coin or produce, with these – we do not acquire through them. And all things are acquired by exchange – movables, slaves and property, except for coinage which is not acquired through exchange, since the minds of people are [focused] on the form of the coin and not on its substance. For its form is likely to become nullified. Therefore, if a person purchased a coin without weight or without number, and said: “these are in exchange for a certain field,” or a certain slave, or a certain object, since this one pulled it, the other is liable in its exchange, for he has revealed his thought that he is not strict about its form since he didn’t weigh it or count it. For there is no way that the acquisition of the coin will take effect where it is lacking in his eyes, other than to acquire it along with land.

Whatever can be used as payment for another object, as soon as this one takes possession [of the object], the other one assumes liability for what is given in exchange. How so? If one exchanges an ox for a cow, or a donkey for an ox, as soon as this one takes possession, the other one assumes liability for what is given in exchange. The general rule of acquiring things through exchange is illustrated simply in the example of the cow and ox. If Reuven and Shimon exchange an ox for a cow, when Reuven takes physical possession of Shimon’s cow, Shimon becomes owner of the ox, even if Shimon doesn’t take physical possession. The implication would be that if the ox dies or is stolen, Shimon is out of luck for it is his ox that died or was stolen. Alternatively, if the oxen market rises dramatically Shimon wins out. For better or for worse, in an exchange once one party takes possession of one of the objects being exchanged, the other party automatically owns the other object.

רשות הגבוה בכסף – the treasurer who gave monies for the animal for the needs of the Temple treasury, even if it is at the end of the world, he has acquired it. But regarding a commoner who cannot acquire other than through claim based upon undisturbed possession, that is until he pulls it. And if the commoner gave money for the object, as long as he didn’t pull the object, he did not acquire it, and the seller can return the monies if he retracts from the sale of the object, and he accepts upon himself [the curse] of “he who punished” ( see Mishnah Bava Metzia, Chapter 4, Mishnah 2) (for not standing by his word). But if the purchaser pulled the object, even though he had not given the monies that he had stipulated, neither party of them can retract. And if he did not give the monies and did not pull the object, but rather, were pardoned on the sale in the presence of witnesses and he (i.e., the purchaser) was reconciled that her would purchase it for such-and-such an amount, and his fellow was reconciled to sell it for such-and-such an amount, even if he said: “you are my witnesses,” there is nothing in those words, and even [the curse] “he who punished” (for not standing by his word) is not here.

The sanctuary’s title to property [is acquired] by money; the title of an ordinary person to property by hazakah. Ordinary people cannot acquire movable property by using money (see mishnah five), but the Temple can use money to acquire movable property. So if the Temple’s treasurer wants to buy a cow, once he gives the cow’s owner money the cow is sanctified and belongs to the Temple.

אמירתו לגבוה כמסירתו להדיוט – He who says: “This bull is for a burnt-offering” or “this house is devoted to the Temple treasury, even if it is at the end of the world, he has acquired it. And the common person does not acquire until he pulls the animal’ and takes hold of the house.

Dedication to the sanctuary is equal to delivery to an ordinary person. A verbal declaration is not sufficient to transfer ownership. In other words, if I just pick up an object and say “This belongs to Reuven”, the object does not yet belong to Reuven. However, when it comes to dedicating something to the Temple, a verbal declaration is sufficient. If I state, “This cow belongs to the Temple,” the cow belongs to the Temple and is considered sacred. We can see through both of these sections that the Temple more easily acquires property than does an ordinary human being.

כל מצות הבן על האב – All commandments of the son which lie upon the father to do for his son. And they are six things: to circumcise him, to redeem him if he is a first-born, to teach him Torah, to teach him a trade/craft, to marry him off to a woman and to have his son taught swimming (Kiddushin 30b).

Introduction This mishnah deals with the distinction between commandments obligatory for men and those obligatory for women. The mishnah can be divided into two subjects: 1) mutual obligations between parents and children; 2) general commandments both negative and positive. It is not entirely clear why this mishnah is in this chapter. Inside my commentary, I have not delved into the ramifications of these rules in our day, when many women wish to be more involved in Jewish ritual life.

אנשים חייבים – The father is obligated in these commandments regarding his son, but the mother is exempt.

All obligations of the son upon the father, men are obligated, but women are exempt. This refers to obligations that the father has in raising his son. They include circumcising him, redeeming him from a priest if the son is a first-born, teaching him Torah, teaching him a profession and finding him a wife. The father and not the mother is responsible to fulfill these commandments.

וכל מצות הבן – that lie upon the son to do for his father, which are fear and honor: fear – he should not sit in his place nor contradict his words, nor tip the scales against him; honor: feeds him and provides him drink, dresses and covers him, brings him in and takes him out.

But all obligations of the father upon the son, both men and women are obligated. When it comes to obligations that a child has to his/her parent both men and women are obligated, and they are obligated equally to both their mother and father. This includes fear and respect. According to the rabbis respect means providing financially for the parent in his/her old age.

אחד אנשים ואחד נשים חייבים – [both] daughters and sons are obligated [for this].

All positive, time-bound commandments, men are obligated and women are exempt. Only men are obligated in positive time-bound commandments. This includes the reading of the Shema, blowing the shofar, sitting in the Sukkah and several other commandments. Note that the mishnah does not state that women are forbidden from fulfilling these commandments it says only that they are not obligated to do so.

וכל מצות עשה שהזמן גרמה – that the time carried with it for the commandment that would come, such as Shofar, Sukkah, Lulav and Tzizit (ritual fringes)

But all positive non-time-bound commandments both men and women are obligated. Positive commandments which are not time-bound are obligatory upon both men and women. This would include such mitzvoth as mezuzah, charity and returning lost objects.

שלא הזמן גרמה – such as Mezuzah, making a railing around the house (Deuteronomy 22:8), a lost object, and sending forth the mother-bird. And these two general principles are not exact/specific: As we hold: we don’t learn from general principles, even in a place where it says regarding them, “except for.” For the [eating of] Matzah on the night of Passover, rejoicing on the festivals and Hakhel (gathering together in Jerusalem – see Deuteronomy 31:12 on the holiday of Sukkot), they are all positive time-bound commandments but women are obligated [in them]. But the [commandments of] Torah study, being fruitful and multiplying, and the redemption of the [first-born] son, which are positive commandments which are not time-bound, and women are exempt [from them]. But the final principle of “all negative commandments, both men and women are obligated, except for [the commandments of] “you shall not round off [the side-growth on your head]” (Leviticus 19:27), nor “destroy the side-growth of your beard” (ibid.,) nor defile yourself to the dead (Leviticus 21:1). This general principle is exact, and we derive it as it is written (Numbers 5:6): “[Speak to the Israelites:] When a man or a woman commits any wrong towards a fellow man…” The Bible compares a woman to a man in all the punishments that are in the Torah.

And all negative commandments, whether time-bound or not time-bound, both men and women are obligated, except for, the prohibition against rounding [the corners of the head], and the prohibition against marring [the corner of the beard], and the prohibition [for a priest] to become impure through contact with the dead. Nearly all negative commandments are equally obligatory upon men and women. The mishnah notes a few exceptions. The prohibitions of rounding the corners of the head and marring the beard (Leviticus 19:27) are obligatory only upon men. Since most women don’t have beards the beard prohibition would not apply to them the prohibition of rounding the corners of the head is an accompanying prohibition appearing in the same verse and hence women are exempt from it as well. In addition, women do not act as priests and therefore the prohibition of a priest from coming into contact with a dead body applies only to male priests and not to daughters of priests. .

חוץ מבל תקיף ובל תשחית – As it is written (Leviticus 19:27): “You shall not round off the side-growth on your head or destroy the side-growth of your beard.” That which is [forbidden] in destruction, it is [forbidden] in rounding-off. And these women, since they are not [involved] in destruction [of the side-growths of the beard] are also not [involved] in “rounding off” [the side-growth on your head]. And from where do we learn that they are not [commanded] in “destroying” [the side growth of the beard]? As it is written, “the side-growth of your beard.” And it is not written, “the side-growth of your beards.” What is “your beard?” Your beard, but not the beard of your wife.

ובל תטמא למתים – as it is written (Leviticus 21:1): “The LORD said to Moses:] Speak to the priests, the sons of Aaron….” [which means] the sons of Aaron, but not the daughters of Aaron.

הסמיכות והתנופות – And a woman does not wave it or bring the meal offering close in the southwest corner as per the law if she is female Kohen, and she does not take a handful of meal offering, nor does she offer incense nor does she pinch the bird’s neck with her finger nail nor does she receive the blood in the bowl out of which sprinkling is done nor does she sprinkle the blood.

Introduction This mishnah lists a number of ritual procedures performed upon bringing a sacrifice which are performed by men and not by women. The exclusion of women from performing these rites is derived in the Talmud from the frequent use in the Torah of the language “Speak to the sons (b’nei) of Israel”, where the word “sons” is understood to preclude daughters.

חוץ מסוטה ונזירה שהן מניפות – their meal offerings are by themselves, as their meal-offerings require waving by its owners.

The [rites of] laying hands, waving, presenting [the meal-offering], taking the handful, burning [the fat], cutting [the neck of bird sacrifices], sprinkling and receiving [the blood] are performed by men but not by women, except the meal-offering of a sotah and a female nazirite, where they [themselves] wave the offering. The [rites of] laying hands: Most animal sacrifices require the person offering the sacrifice lay his hands upon the animal before the animal is slaughtered (see for instance Lev. 1:4). Only men lay their hands upon the sacrifice. When women bring the sacrifice, no one lays their hands. Waving: After the animal is slaughtered parts of it are waved jointly by the priest and by the male owner of the sacrifice (see Lev. 7:30). If a woman brought the sacrifice the priest waves it by himself. Presenting [the meal-offering]: When a person brings a meal-offering (a minhah), they present it to the priest. The priest then takes it and presents it to the altar (Lev. 6:7). Only male priests present the minhah daughters of priests do not. Taking the handful: With a minhah offering, the priest takes a handful of the offering (Lev. 2:2). Again, only male priests perform this rite. Burning [the fat]: See Lev 3:5. Cutting [the neck of bird sacrifices]: See Lev 1:15. Sprinkling and receiving [the blood]: See Lev 5:9. Except the meal-offering of a Sotah and a female nazirite, where they [themselves] wave the offering: The Sotah waves a minhah offering and the nazirite waves the leg of the animal she/he brings, a bread-offering and a wafer (see Sotah 3:1 and Nazir 6:9). In each case the woman and the priest would jointly wave the offering.

כל מצוה שאינה תלויה בארץ – Every commandment which is for the requirements of the body is called, ‘which is not tied to the land [of Israel],” and that which is for the requirement of the land [of Israel], is called, “which is tied to the land [of Israel].”

Introduction This mishnah deals with commandments which are “dependent on the land.” “Dependent on the land” refers to commandments which are agricultural in nature, such as the giving of the first fruits, tithes, terumah, the leaving of corners of fields etc. The reason that this mishnah is here is its linguistic connection to the previous mishnayoth, especially mishnah seven.

חוץ מן הערלה – which applies outside the Land [of Israel], a usage dating from Moses as delivered from Sinai (i.e., a traditional law, or traditional interpretation of a written law). But mixed seats in the vineyard outside of the Land [of Israel] (see Mishnah Kilyaim, Chapter 8, Mishnah 1) are Rabbinic, and it is permitted to sow mixed seeds outside the Land of Israel.

Every commandment which is dependent on the land is practiced only in the land [of Israel]; and every commandment which is not dependent on the land is practiced both in and outside the land, except orlah and kilayim. Rabbi Elazar says: also [the prohibition of] new produce. In general, all commandments which are connected to the land are practiced only in the land of Israel. There are some commandments such as tefillin concerning which the Torah uses language such as “When God brings you into the land…” (Exodus 13:5). One might have thought that these commandments would only be obligatory for a Jew living in the land of Israel. The mishnah, however, says that the distinction between commandments observed in and outside of Israel is not the language used in the Torah but rather whether or not the observance of the commandment itself is tied to land. The only exceptions to this rule are “orlah” and “kilayim.” “Orlah” is the prohibition of using the fruit of a tree for its first three years. “Kilayim” refers to the prohibition of planting wheat in a vineyard. Rabbi Elazar adds to the list of exceptions the prohibition of new produce. This refers to the prohibition from eating from the new grain harvest until the omer sacrifice is brought on the sixteenth of Nisan (see Leviticus 23:14).

ר' אליעזר אומר: אף החדש – It is prohibited outside the Land of Israel from the Torah, even though it is an obligation of the land, as it states (Leviticus 23:21): “in all your settlements [throughout the ages].” In every place where you dwell. And the Halakah is according to Rabbi Eliezer.ו

כל העושה מצוה אחת – greater than his merits, so that his merits would be greater than his sins.

Introduction The first section of this mishnah presents a very straightforward version of rewards and punishments. Those who perform commandments are rewarded and those who do not are not rewarded. Obviously, this mishnah is expressing an ideal which often does not match reality. The problem of good people not being rewarded, or the problem of an omnipotent God in control of a random and often cruel world is called “theodicy” and was recognized well by the rabbis. There are many other answers in rabbinic literature to the problem of theodicy, including an extreme statement such as “there is no reward in this world.” Our mishnah persists with what I perceive to be a very optimistic outlook. Despite all of the evidence to the contrary the world in which we live is ordered and good. It is a reward in which the righteous receive reward and the wicked are punished. The second half of the mishnah, the final part of the chapter, teaches that in order to be considered part of the “civilized” world a person must be versed in Bible, in Mishnah and participate in the “ways of the world.” The “ways of the world” probably means to have a profession although it may also mean to have polite manners.

מטיבין לו ומאריכין את ימיו – for the world to come.

He who performs one commandment is rewarded, his days are prolonged, and he inherits the land, But he who does not perform one commandment, is not rewarded, his days are not prolonged, and he does not inherit the land. The mishnah’s statement sounds almost too extreme to receive reward all you have to do is perform one commandment? Therefore the Talmud interprets this to mean that a person who has half merits and half faults is rewarded for the performance of the one commandment that puts him or her “over the top.” Similarly, a person who has more faults than merits and does not perform more commandments in order to even things up does not receive a reward. The important thing is that since a person never knows what their status is they should treat each opportunity to perform a commandment as it that is the commandment that will “put them over the top.” This is an attitude to life that bequeaths importance to each of our individual choices, leaves hope for those who have led less than perfect lives and prevents haughtiness in those who believe that they have led good lives. The peculiar language of the mishnah “he who does not perform one commandment” is a euphemism for “he who commits one transgression.” “Days are prolonged” is understood to refer to a long life in this world and “inherit the land” is typically understood to refer to a reward in the world to come.

ונוחל את הארץ – the land of the living.

He who is familiar with Bible, Mishnah, and the ways of the land will not easily sin, as it is said, “And a threefold cord is not quickly broken” (Ecclesiastes 4:1. But he who is not familiar with Bible, Mishnah and the ways of the land does not belong to civilization. To be a part of civilized Jewish society one must be both learned and take part in worldly activities, namely work. Occupation with the study of both written and oral Torah, accompanied by a livelihood provides a person with a culture which will prevent him from sinning. One who is not engaged in all three is not considered to be civilized. In another words, in the eyes of the rabbis, such a person is a barbarian.

וכל שאינו עושה מצוה אחת – for his sins were greater than his merits and he doesn’t do one Mitzvah so that half [of his deeds] would be meritorious and half for liability, but his sins remained greater.

ולא בדרך ארץ – that his dealings with others would not be joyous.

אינו מן הישוב – that are inappropriate for the public welfare, for their dwelling is like those who dwell with the insolent (see Psalms 1:1) and they are invalid to give testimony.