משנה: הַמְקַדֵּשׁ שְׁתֵּי נָשִׁים בְּשָׁוֶה פְרוּטָה אוֹ אִשָּׁה אַחַת בְּפָחוֹת מִשָּׁוֶה פְרוּטָה אַף עַל פִּי שֶׁשִּׁילַּח סִבְלוֹנוֹת לְאַחַר מִכֵּן אֵינָהּ מְקוּדֶּשֶׁת שֶׁמַחְמַת קִידּוּשִׁין הָרִאשׁוֹנִים שִׁילַּח. וְכֵן קָטָן שֶׁקִּידֵּשׁ. MISHNAH: Somebody who preliminarily marries two women with the value of a peruṭah, or one woman with the value of half a peruṭah129Even though it is possible to contract a multiple polygamous marriage with a group of women by giving the marriage gift to one of them who acts as the agent for all of them, the gift must be worth as many peruṭot as there are women to be married., is not preliminarily married even if afterwards he sent presents130Worth much more than a peruṭah., since he sent them based on the earlier preliminary marriage. The same holds for an underage boy who contracted a preliminary marriage131If he contracts the preliminary marriage when underage and sends presents to the woman after he came of age he is not preliminarily married..
הלכה: הַמְקַדֵּשׁ שְׁתֵּי נָשִׁים בְּשָׁוֶה פְרוּטָה כול׳. תַּנֵּי. וְכוּלָּן שֶׁבָּעֲלוּ קָנוּ. רִבִּי שִׁמְעוֹן וְרִבִּי יְהוּדָה אוֹמֵר מִשּׁוּם רִבִּי שִׁמְעוֹן. וְכוּלָּן שֶׁבָּעֲלוּ קָנוּ. שֶׁלֹּא הָֽיְתָה בְעִילָתוֹ אֶלָּא לְשׁוּם קִידּוּשִׁין הָרִאשׁוֹנִים. אִם קָנוּ. רִבִּי חִייָה בְשֵׁם רִבִּי יוֹחָנָן. קָנוּ לַחוֹמָרִין. רִבִּי חִייָה בְשֵׁם רִבִּי יוֹחָנָן. כָּל־תְּנַיי שֶׁהוּא מַעֲשֶׂה מִתְּחִילָּתוֹ מְקוּדֶּשֶׁת לַחוֹמָרִין. רִבִּי מָנָא בְעָא קוֹמֵי דְרִבִּי יוּדָן. מָאן תַּנָּא. כָּל־תְּנַאי שֶׁהוּא מַעֲשֶׂה מִתְּחִילָּתוֹ תְּנָייוֹ בָטֵל. דְּלֹא כְרִבִּי שִׁמְעוֹן. רִבִּי יוּדָן בְּשֵׁם רִבִּי יוֹחָנָן. מְקוּדֶּשֶׁת לַחוֹמָרִין. הֵיךְ עֲבִידָא. הֲרֵי אֶנִי מְקַדְּשָךְ בִּבְעִילָה עַל מְנָת שֶׁיֵּרְדוּ גְשָׁמִים. יָֽרְדוּ גְשָׁמִים מְקוּדֶּשֶׁת. וְאִם לָאו אֵינָהּ מְקוּדֶּשֶׁת. רִבִּי חִייָה בְשֵׁם רִבִּי יוֹחָנָן. בְּקִידּוּשֵׁי מִלְוָה לַחוֹמָרִין וּבְקַרְקָעוֹת לֹא קָנָה וּבִמְטַלְטְלִין אֵין מוֹסְרִין אוֹתוֹ לְמִי שֶׁפָּרַע. בִּיקֵּשׁ לְהַעֲמִיד לוֹ מִקְחוֹ נִישְׁמְעִינָהּ מִן הָדָא. וַהֲרֵי לָךְ אֶצְלִי בָהֶן יַיִן. וְיַיִן אֵין לוֹ. הָא אִם יֵשׁ לוֹ יַיִן הֲרֵי זֶה חַייָב. תַּנֵּי רִבִּי חִייָה. אִם יֵשׁ לוֹ יַיִן חַייָב לִיתֵּן לוֹ. רִבִּי שְׁמוּאֵל בַּר רַב יִצְחָק שֶׁלֹּא אָמַר לְתַמָּן. הֲווֹן יָֽדְעִין דְּהוֹרֵי רִבִּי חִייָה בְשֵׁם רִבִּי יוֹחָנָן. קִידּוּשֵׁי מִלְוָה לַחוֹמָרִין. וּבְאִישׁ לְרִבִּי זְעִירָא. לָמָּה. בְּגִין דַּהֲווֹן מַחְמִרִין וְקָלִיל עֲלֵיהוֹן. אָמַר רִבִּי יוֹסֵה בֵּירִבִּי בּוּן. בְּקוּלָּא הֲווֹן נְהִיגִין וְאַחְמַר עֲלֵיהוֹן. שֶׁאִם בָּא אַחֵר וְקִידְּשָׁהּ תָּפְשׂוּ בָהּ קִידּוּשִׁין. אָמַר רִבִּי יוּדָן בֵּירִבִּי חָנָן. עֶרְוָה שֶׁאֵינָהּ עֶרְוָה. תּוֹפֵשׂ אֶת שֶׁאֵינָהּ עֶרְוָה. HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated132Tosephta 4:4; Ketubot.73b">Babli Ketubot 73b.: “In all these cases, if they had intercourse they acquired133The invalid marriage was validated retroactively by the couple living together.. Rebbi Simeon [ben]134Reading of the parallel sources. The ms. tradition of the names in the mss. of the Babli is varied and quite uncertain. Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire135In the Babylonian sources (Kiddushin 2:5:2" href="/Jerusalem_Talmud_Kiddushin.2.5.2">Note 132): Did not acquire. Probably the text here should not be emended. since his intercourse was predicated on the preceding preliminary marriage.136Since preliminary marriage is a formal act of acquisition, it needs intention of the acquirer. If there is no intention because the acquirer wrongly thought that he already had acquired, there is no acquisition. This is the reasoning behind the Babylonian statements.” What did they acquire137Since the argument of R. Simeon is based on generally accepted principles, it is difficult to see what he understands by “acquiring”.? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions138A single woman can be married to any man not forbidden to her by incest prohibitions. A married woman cannot be married by any other man; if another man gives her a gift for preliminary marriage and she accepts it, these actions have no consequence whatsoever in law. But a woman preliminarily married for restrictions is not married in this sense. As explained later in the Halakhah, if another man performs preliminary marriage with her, his action is potentially valid in law; the woman is forbidden to both men until at least one of them validly divorces her. But for the anonymous Tanna the marriage is unconditionally validated by intercourse.. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action139If the preliminary marriage was performed unconditionally and then the husband added a condition, that condition is invalid, as stated later. But in marriage law, the condition is considered valid if it causes any trouble., she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”140Mishnah Baba meṣi‘a 7:14. In contract law, an action already completed cannot retroactively be made conditional. If someone marrieda woman and after the fact declares that the marriage shall be valid only if she will support him, the marriage is valid but she has no obligation to support her husband.? This does not follow Rebbi Simeon141Since (Kiddushin 2:5:2" href="/Jerusalem_Talmud_Kiddushin.2.5.2">Note 139) he accepts legal consequences of conditions attached after the act.. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.142One has to wonder why this marriage should not be invalidated as an idolatrous act or at least as rainmaking by sympathetic magic.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan143Which is invalid for R. Meïr, cf. Kiddushin 2:1:10" href="/Jerusalem_Talmud_Kiddushin.2.1.10">Note 62. It is decided here that a preliminary marriage for which nothing of value changes hands is valid only as a restriction (Kiddushin 2:5:2" href="/Jerusalem_Talmud_Kiddushin.2.5.2">Note 138). for restrictions, for real estate it was not acquired144If a debt be liquidated by handing over real estate without a contract, the deal is invalid., for movables one does not deliver him to “Him Who exacted retribution.145Cf. Kiddushin 1:1:23" href="/Jerusalem_Talmud_Kiddushin.1.1.23">Chapter 1, Note 106. A contract for sale of movables for which no money changes hands and no action of acquisition is performed is unenforceable. (The entire statement with slight variations is quoted in Sefer Ha‘iṭṭur 1, לח b, Note 6.)” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.146This refers to Mishnah Baba meṣi‘a 5:1: A person made a contract for later delivery of grain at the then going rate of 25 denars a kur (30 se‘ah). The buyer demanded delivery when the going rate was 30 denars a kur, in order to sell the grain and invest the proceeds in wine. The seller told him that he was ready to take the grain at 30 denars and to give him wine instead. If the seller actually has the wine, this is a valid deal. But if the seller has no wine at that moment, the deal would be an illegal circumvention of the prohibition of interest payments.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not)147It seems best to delete this word. The emendation of the standard commentaries, to read שלח for שלא does not make sense since שלח אמר “he sent (by letter) said (in person)” is a contradiction in terms. say there148“There” usually refers to Babylonia.: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency149They considered preliminary marriage by cancellation of a debt as invalid. R. Samuel ben Rav Isaac gave them a handle to validate the marriage.? Rebbi Yose ben Rebbi Abun said, they were lenient in practice150They considered preliminary marriage by cancellation of a debt as valid. R. Samuel ben Rav Isaac instructed them to consider the marriage only probationary; if another man interferred between preliminary and definitive marriages, a bill of divorce would be required from at least one of the men involved. and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery151This is the same statement as the preceding. In a case where it is doubtful whether a woman is married and therefore immune to all proposals of marriage by another man, or is not married and open to such proposals, one has to decide that she might be open to proposals and eventually require bills of divorce from all parties involved..