meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nashim/Mishnah Kiddushin/English/merged.txt"}
text: Mishnah Kiddushin
  משנה קידושין
  merged
  
  This file contains merged sections from the following text versions:
  -Mishnah Yomit by Dr. Joshua Kulp
  -
  
  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”: Bet Shammai says:  a denar or the equivalent of a denar; Bet Hillel says: a perutah or the equivalent of a perutah. And how much is a perutah? An eighth of an Italian issar. And she acquires herself by divorce or by her husband's death. A yevamah  is acquired by intercourse. And she acquires herself by halitzah or by the yavam’s death.
  A Hebrew slave is acquired by money and by document; And acquires himself by years, by Jubilee, and by deduction from the purchase price. A Hebrew maidservant is greater in that she acquires herself by ‘signs [of physical maturity]’. He whose ear is bored is acquired by boring, and acquires himself by Jubilee or his master's death.
  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.
  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.
  Property which has security is acquired by money, by deed or by possession. [Property] which does not have security is acquired only by being drawn [to the purchaser]. Property which does not have security may be acquired in conjunction with property which does have security by money, deed, or possession; And it obligates the property which provides security, to take an oath concerning them.
  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 sanctuary’s title to property [is acquired] by money; the title of an ordinary person to property by hazakah. Dedication to the sanctuary is equal to delivery to an ordinary person.
  All obligations of the son upon the father, men are obligated, but women are exempt. But all obligations of the father upon the son, both men and women are obligated. All positive, time-bound commandments, men are obligated and women are exempt. But all positive non-time-bound commandments both men and women are obligated. 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.
  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.
  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.
  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. 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 4:12. But he who is not familiar with Bible, Mishnah and the ways of the land does not belong to civilization.
  
  
  
  A man can betroth [a woman] through himself or through his agent. A woman may be betrothed through herself or through her agent. A man may give his daughter in betrothal when a young girl [either] himself or through his agent. He who says to a woman, “Be betrothed to me with this date, be betrothed to me with this one”   if any one of them is worth a perutah, she is betrothed; if not, she is not betrothed. [If he says,] “[Be betrothed to me] with this one and with this one and with this one”   if together they are worth a perutah, she is betrothed; if not, she is not betrothed. If she eats them one by one, she is not betrothed unless one of them is worth a perutah.
  [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.
  “[Be betrothed to me] on condition that I am a priest,” and he is found to be a Levite, or “a Levite” and he is found to be a priest; “a natin,” and he is found to be a mamzer, or “a mamzer” and he is found to be a natin; “a townsman,” and he is found to be a villager, or “a villager” and he is found to be a townsman; “on condition that my house is near the bathhouse,” and it is found to be far, or “far” and it is found to be near; “on condition that I have a daughter or maidservant that braids hair” and he does not have, “or on condition that I do not have”, and he has; “on condition that I have no sons”, and he has, or “on condition that I have sons, and he does not have --in all these cases, even if she declares, “In my heart I would have agreed to be betrothed to him in any case,” she is not betrothed. Similarly if she deceives him.
  If he says to his agent, “Go out and betroth to me so-and-so in such and such a place,” and he goes and betroths her elsewhere, she is not betrothed. “She is in such and such a place,” and he betroths her elsewhere, she is betrothed.
  If a man betrothed a woman on condition that she was under no vows and she was found to be under vows, she is not betrothed. If he married her without making any conditions and she was found to be under vows, she leaves without her ketubah. [If a woman was betrothed] on condition that she has no bodily defects, and she was found to have defects, she is not betrothed. If he married her without making any conditions and she was found to have defects, she leaves without her ketubah. All defects which disqualify priests also disqualify women.
  If he betroths two women with the value of a perutah, or one woman with less than the value of a perutah, even if he subsequently sends gifts, she is not betrothed, because he sent them on account of the first kiddushin. The same is true if a minor betroths.
  If one betroths a woman and her daughter or a woman and her sister at one time,   they are not betrothed. And it once happened that five women, among whom were two sisters, that a man gathered a basket of figs, which was theirs, and which was of the seventh year, and he said, “Behold, you are betrothed to me with this basket,” and one accepted it on behalf of them all and the sages said: the sisters are not betrothed.
  If he [a priest] betroths [a woman] with his portion, whether it is of higher holiness or of lower holiness, she is not betrothed. [If one betroths] with second tithe, whether unwittingly or deliberately, he has not betrothed [her]: the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has not betrothed [her]; if deliberately, he has betrothed [her]. [If] with sanctified property, if deliberately, he has betrothed her; if unwittingly, he has not betrothed [her], the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has betrothed her; if deliberately, he has not betrothed her.
  If he betroths [a woman] with orlah, or kilayim of the vineyard, or an ox condemned to be stoned, or the heifer whose neck is to be broken, or a leper’s bird-offerings, or a nazirite’s hair, or the first-born of a donkey, or meat [boiled] in milk, or non-sacred meat slaughtered in the Temple court, she is not betrothed. If he sells them and betroths [her] with the proceeds, she is betrothed.
  If he betroths with terumot, tithes, priestly gifts, the water of purification or the ashes of purification behold she is betrothed, even if he is an Israelite.
  
  
  
  If he says to his fellow, “Go out and betroth me such-and-such a woman,” and he goes and betroths her to himself, she is betrothed. Similarly, if he says to a woman, “Be betrothed to me after thirty days,” and another comes and betroths her within the thirty days, she is betrothed to the second, [and in such cases] an Israelite’s daughter [betrothed] to a priest may eat terumah. [But if he says, “Be betrothed to me] from now and after thirty days,” and another comes and betroths her within the thirty days, she is betrothed and not betrothed [to both]:   [and in such cases] an Israelite’s daughter [betrothed] to a priest, or a priest’s daughter [betrothed] to an Israelite, may not eat terumah.
  If one says to a woman. “Behold, you are betrothed to me on condition that I give you two hundred zuz,” she is betrothed, and he must give it. “On condition that I give you [two hundred zuz] within thirty days from now”: if he gives her within thirty days, she is betrothed; if not, she is not betrothed. “On condition that I have two hundred zuz,” she is betrothed, providing he has [two hundred zuz]. “On condition that I show you two hundred zuz,” she is betrothed, and he must show her. But if he shows her [money lying] on the table, she is not betrothed.
  [If he says to her “Be betrothed to me] on condition that I own a bet kor of land”,   she is betrothed, providing he does own it. “On condition that I own it in such and such a place”, if he owns it there she is betrothed, but if not she is not betrothed. “On condition that I show you a bet kor of land,” she is betrothed, providing that he does show it to her. But if he shows it to her in a plain, she is not betrothed.
  Rabbi Meir says:  every stipulation which is not like that of the children of Gad and the children of Reuben is not a [valid] stipulation, as it say, “And Moses said to them, ‘If the children of Gad and the children of Reuben will pass [with you over the Jordan, then you shall give them the land of Gilead for a possession].” and it is also written, “But if they will not pass over with you armed, [then they shall have possessions among you in the land of Canaan]” (Numbers 32:29-30). Rabbi Hanina ben Gamaliel says: the matter had to be stated, for had it not been stated it would have implied that even in Canaan they should not inherit.
  If he betroths a woman and then declares, “I thought that she was a priest’s daughter, and behold she is [the daughter of] a Levite” or “a Levite’s daughter whereas she is [the daughter of] a priest”; “Poor, whereas she is wealthy”, or “wealthy, whereas she is poor,” she is betrothed, since she did not deceive him. If he says to a woman, “Behold, you are betrothed to me after I convert,” or “after you convert,” “After I am freed from slavery,” or “after you are freed from slavery”; “After your husband dies” or, “after your sister dies”; “After your yavam performs halizah for you”; she is not betrothed. Similarly, if he says to his friend, “If your wife gives birth to a female, behold she is betrothed to me,” she is not betrothed. [If his wife is pregnant, and her fetus is discernible, his words are valid, and if she bears a female, she is betrothed.]
  If he says to a woman, “Behold you are betrothed to me on condition that I speak to the government on your behalf”, or “That I work for you as a laborer”, if he speaks to the government on her behalf or works for her as a laborer, she is betrothed; if not, she is not betrothed. [If he says,] “[Behold you are betrothed to me] on condition that [my] father consents,” if his father consents, she is betrothed; if not, she is not betrothed. If his father dies, she is betrothed; if the son dies, the father is instructed to say that he does not consent.
  [If a father declares,] “I have given my daughter in betrothal, but do not know to whom I have betrothed her,” and then a man comes and states, “I betrothed her,” he is believed. If one says, “I betrothed her,” and another [man] says, “I betrothed her,” both must give a get; but if they want, one may give a get and the other marry her.
  [If a man declares] “I have given my daughter in betrothal,” [or] “I gave her in betrothal and divorced her while she was still a minor,” and she is [now] a minor, he is believed. “I gave her in betrothal and divorced her while she was still a minor,” and she is now of majority age, he is not believed. “She was taken captive and I redeemed her,” whether she is a minor or of majority age he is not believed. If a man declares at the time of his death “I have sons,” he is believed; “I have brothers,” he is not believed. If one betroths his daughter without specifying which, the daughters of majority age are not included.
  If one has two groups of daughters by two wives, and he declares, “I have given in betrothal my eldest daughter, but I do not know whether the eldest of the seniors or the eldest of the juniors, or the youngest of the seniors who is older than the eldest of the juniors,” all are forbidden [to marry other men], except the youngest of the juniors, the words of Rabbi Meir. Rabbi Yose says: they are all permitted, except the eldest of the seniors. “I have betrothed my youngest daughter, but I do not know whether the youngest of the juniors or the youngest of the seniors, or the eldest of the juniors who is younger than the youngest of the seniors,” they are all forbidden, except the eldest of the seniors, the words of Rabbi Meir. Rabbi Yose says: they are all permitted, except the youngest of the juniors.
  If he says to a woman, “I betrothed you,” and she says, “You did not betroth me”: he is prohibited to her relatives, but she is permitted to his relatives. If she says, “You betrothed me,” and he says, “I did not betroth you,” he is permitted to her relatives but she is prohibited to his relatives. “I betrothed you,” and she says, “You betrothed my daughter,” he is forbidden to the relatives of the senior [the mother], but the senior is permitted to his relatives; he is permitted to the junior’s [the daughter’s] relatives, and the junior is permitted to his relatives.
  [If a man says to a woman], “I betrothed your daughter,” and she replies, “You betrothed me”; he is forbidden to the junior’s [the daughter’s] relatives, while the junior is permitted to his relatives; he is permitted to the senior’s [mother’s] relatives, while the senior is forbidden to his relatives.
  Wherever there is kiddushin and there is no transgression, the child goes after the status of the male. And what case is this?  When the daughter of a priest, a Levite or an Israelite is married to a priest, a Levite or an Israelite. And wherever there is kiddushin and there is transgression, the child goes after the status of the flawed parent. And what case is this?  When a widow is married to a high priest, or a divorced woman or a halutzah to an ordinary priest, or a mamzeret or a netinah to an Israelite, and the daughter of an Israelite to a mamzer or a natin. And any [woman] who cannot contract kiddushin with that particular person but can contract kiddushin with another person, the child is a mamzer. And what case is this?  One who has intercourse with any relation prohibited in the Torah. And any [woman] who can not contract kiddushin with that particular person or with others, the child follows her status. And what case is this?  The child issue of a female slave or a gentile woman.
  Rabbi Tarfon says: mamzerim can be purified. How is this so? If a mamzer marries a slave woman, her son is a slave; if he frees him, it is found that the son is a free man. Rabbi Eliezer says: behold, he is a slave mamzer.
  
  
  
  Ten genealogical classes went up from Babylonia [in the time of Ezra and Nehemiah]:   Priests, Levites, Israelites, halalim, converts, freed slaves, mamzerim, netinim, hushlings and foundlings. Priests, Levites and Israelites may marry each other. Levites, Israelites, halalim, converts, and freed slaves may marry each other. Converts, freed slaves, mamzerim and netinim, hushlings and foundlings, may marry each other.
  These are they: a hushling (shtuki): he who knows who his mother is but not his father; A foundling (asufi): he who was gathered in from the marketplace and knows neither his father nor his mother. Abba Saul used to call the hushling (shtuki), “checked one” (b’duki).
  All who are forbidden to enter into the assembly may intermarry with each other. Rabbi Judah forbids it. Rabbi Elazar says: those who are certain [may marry] those who are certain, but those who are certain with those who are doubtful and those who are doubtful with those who are certain and those who are doubtful with others who are doubtful this is prohibited. Who are “those who are doubtful”?  The shtuki, the asufi and the Samaritan.
  He who marries a the daughter of a priest must investigate her lineage up to four mothers, which are eight:  her mother and her mother’s mother, her mother’s father’s mother and her mother, her father’s mother and her mother, her father’s father’s mother and her mother. [In the case of] the daughter of a Levite or an Israelite, one more is added.
  They do not check from the altar and upwards, nor from the duchan [dais] and upwards, nor from the Sanhedrin and upwards. And all those whose fathers were established to have been among the public officers or charity collectors may marry [their daughters] into the priesthood, and he doesn’t need to check after them. Rabbi Yose says: even one who was signed as a witness in the old court of Tzippori. Rabbi Hanina ben Antigonus says: even one who was recorded in the king’s list of officers.
  The daughter of a male halal is unfit for the priesthood for all time. If an Israelite marries a halalah, his daughter is fit for the priesthood. If a halal marries the daughter of an Israelite, his daughter is unfit for the priesthood. Rabbi Judah says: the daughter of a male convert is as the daughter of a male halal.
  Rabbi Eliezer ben Jacob says: if an Israelite marries a female convert, his daughter is fit for the priesthood, and if a male convert marries the daughter of an Israelite, his daughter is fit for the priesthood. But if a male convert marries a female convert, his daughter is unfit for the priesthood.  [The same law applies to] a convert as to freed slaves, even for ten generations, [his daughter is unfit] unless his mother is of Israelite stock. Rabbi Yose says: even if a male convert marries a female convert, his daughter is fit for the priesthood.
  If a man declares, “this son of mine is a mamzer,” he is not believed. And even if both [the husband and wife] say about the fetus inside her, “it’s a mamzer” they are not believed. Rabbi Judah says: they are believed.
  If a man gives permission to his agent to give his daughter in betrothal, and then he himself goes and gives her in betrothal to another, if his [betrothal] was first, his betrothal is valid; if the agent’s was first, his betrothal is valid. And if it is unknown, both must give her a divorce.  And if they wish, one gives a divorce, and the other marries her. Similarly, if a woman gives permission to her agent to give her in betrothal, and she goes and betroths herself [to another]: if her own preceded, her betrothal is valid; if her agent’s preceded, his betrothal is valid. And if they do not know, both must give her a divorce.  And if they wish, one gives a divorce and the other marries her.
  If a man went overseas together with his wife, and then he, his wife, and his children returned, and he said, “Behold, this is she [who went with me overseas,] and these are her children”, he need not bring proof with regard to the woman or the children. [If he declares,] “She died [abroad] and these are her children,” he must bring proof with regard to the children, but not with regard to the woman.
  [If he says,] “I married a woman overseas, and behold, this is she, and these are her children”, he must bring proof about the woman, but not about the children. [If he says,] “She died, and these are her children”, he must bring proof about the woman and about the children.
  A man may not be alone with two women, but one woman may be alone with two men. Rabbi Shimon says: even one man may be alone with two women, if his wife is with him, and he may sleep with them in an inn, because his wife watches him. A man may be alone with his mother and his daughter, and he may sleep with them in immediate bodily contact; but when they grow up, she must sleep in her garment and he in his.
  An unmarried man must not learn to be a scribe, nor may a woman learn to be a scribe. Rabbi Elazar says: even one who has no wife should not learn to be a scribe.
  Rabbi Judah said: an unmarried man must not tend cattle, nor may two unmarried men sleep together under the same cover.  But the sages permit it. One whose business is with women must not be alone with women.  And one should not teach his son a woman’s trade. Rabbi Meir says: one should always teach his son a clean and easy profession, and pray to Him to whom wealth and property belong. For a profession does not contain [the potential for] poverty and wealth, for poverty is not due to one’s profession nor is wealth due to the profession, but all depends on merit. Rabbi Shimon ben Elazar says: have you ever seen a wild beast or a bird with a profession? Yet they are sustained without trouble. Now, were they not created only to serve me, while I was created to serve my master: surely then I should make a living without trouble! But my evil acts have done me in and withheld my livelihood. Abba Gurion a man of Sidon says in the name of Abba Guria: one should not teach his son [to be] a donkey-driver, camel-driver, wagon-driver, sailor, shepherd, or shopkeeper, because their profession is the profession of robbers. Rabbi Judah says in his name: most donkey-drivers are wicked, while most camel-drivers are worthy men; and most sailors are pious.   The best of doctors are destined for Gehenna, and the worthiest of butchers is Amalek’s partner. Rabbi Nehorai says: I will abandon every profession in the world and I will not teach my son anything but Torah, for a person enjoys its reward in this world while the principal remains for him in the world to come. But all other professions are not so; for when a man comes to sickness or old age or suffering and cannot engage in his profession, he must die of starvation, whereas the Torah is not so, for it guards him from all evil in his youth and gives him a future and hope in his old age. Of his youth what is said? “But they that wait upon the Lord shall renew their strength” (Isaiah 40:31). Of his old age what is said? “They shall still bring forth fruit in old age” (Psalms 92:15).  And it is also said of our father Abraham, “And Abraham was old … And the Lord blessed Abraham with everything” (Genesis 24:1).  We find that Abraham our father observed the whole Torah before it was given, for it is said, “Because Abraham obeyed My voice, and kept My charge, My commandments, My statutes, and My laws” (Genesis 26:5).