משנה: הָאוֹמֵר לַחֲבֵירוֹ צֵא וְקַדֵּשׁ לִי אִשָּׁה פְלוֹנִית וְהָלַךְ וְקִידְּשָׁהּ לְעַצְמוֹ מְקוּדֶּשֶׁת. וְכֵן הָאוֹמֵר לָאִשָּׁה הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי לְאַחַר שְׁלֹשִׁים יוֹם וּבָא אַחֵר וְקִידְּשָׁהּ בְּתוֹךְ שְׁלֹשִׁים מְקוּדֶּשֶׁת לַשֵּׁינִי. בַּת יִשְׂרָאֵל לַכֹּהֶן תֹּאכַל בַּתְּרוּמָה. מֵעַכְשָׁיו וּלְאַחַר שְׁלֹשִׁים יוֹם וּבָא אַחֵר וְקִידְּשָׁהּ בְּתוֹךְ שְׁלֹשִׁים מְקוּדֶּשֶׁת וְאֵינָהּ מְקוּדֶּשֶׁת. בַּת יִשְׂרָאֵל לַכֹּהֶן אוֹ בַת כֹּהֵן לְיִשְׂרָאֵל לֹא תֹאכַל בַּתְּרוּמָה. MISHNAH: If somebody said to another: go and marry me preliminarily to woman X, and [the agent] went and married her preliminarily himself, she is preliminarily married1A person who accepts agency does not by this act lose the ability to legally act in his own behalf. As long as the agent did not sign a contract which subjects him to a fine unless he execute what he promised, the principal may consider him a trickster but has no legal recourse.. Also, if somebody said to a woman, you are preliminarily married to me after thirty days and another man married her preliminarily within these thirty days, she is preliminarily married to the second man2At the moment at which the second man married her, she was legally single; his marriage is valid. After thirty days, when the first man’s preliminary marriage should enter into force, she already is a married woman. The preliminary marriage of a married woman to another man is nonexistent in law. It is not forbidden; only actions which exist in law can be forbidden.; as a daughter of an Israel married to a Cohen she may eat heave3If the groom is a Cohen, she is married to the Cohen; the existence of the first man is irrelevant. But if the first man gave her a wedding gift and said: you are preliminarily married to me now but the mutual legal obligations shall start only after 30 days (which would give the groom 13 months to arrange the definitive wedding), and if within these thirty days another man preliminarily married her unconditionally, neither of the two marriages can be unquestionably valid. Therefore, she needs valid bills of divorce from both men. [In Gittin 7:3:6" href="/Jerusalem_Talmud_Gittin.7.3.6">Giṭṭin7:3 (Note 80) Rebbi disagrees and holds that the preliminary marriage of the second man disappears at the end of 30 days; this opinion is adopted by Samuel in the Kiddushin.59b">Babli, 59b, but not mentioned in the Yerushalmi Qiddušin.]. From today and after thirty days, and another man married her preliminarily within these thirty days, she is and is not preliminarily married3If the groom is a Cohen, she is married to the Cohen; the existence of the first man is irrelevant. But if the first man gave her a wedding gift and said: you are preliminarily married to me now but the mutual legal obligations shall start only after 30 days (which would give the groom 13 months to arrange the definitive wedding), and if within these thirty days another man preliminarily married her unconditionally, neither of the two marriages can be unquestionably valid. Therefore, she needs valid bills of divorce from both men. [In Gittin 7:3:6" href="/Jerusalem_Talmud_Gittin.7.3.6">Giṭṭin7:3 (Note 80) Rebbi disagrees and holds that the preliminary marriage of the second man disappears at the end of 30 days; this opinion is adopted by Samuel in the Kiddushin.59b">Babli, 59b, but not mentioned in the Yerushalmi Qiddušin.]. As a daughter of an Israel married to a Cohen or daughter of a Cohen married to an Israel she may not eat heave4The daughter of an Israel can eat heave only if she is certainly married to a Cohen; the daughter of a Cohen can eat heave only if she certainly is not married outside the clan..
הלכה: הָאוֹמֵר לַחֲבֵירוֹ. צֵא וְקַדֵּשׁ לִי אִשָּׁה פְל׳ כול׳. תַּנֵּי. הֲרֵי זֶה זָרִיז וְנִשְׂכָּר וְנִקְנָה הַמִּקַּח אֶלָּא שֶׁנָּהַג מִנְהַג רַמִּיּוּת. אַף לְמִידַּת הַדִּין כֵּן. הָאוֹמֵר לַחֲבֵירוֹ. צֵא וְקַח לִי מִקַּח פְלוֹנִי. וְהָלַךְ וּלְקָחוֹ לְעַצְמוֹ. הֲרֵי זֶה זָרִיז וְנִשְׂכָּר וְנִקְנָה הַמִּקַּח אֶלָּא שֶׁנָּהַג מִנְהַג רַמִּיּוּת. רִבִּי זְעִירָא מֵיקַל לְהוֹן דַּחֲמֵי לְחַבְרֵיהּ זְבִין זְבִינָא וּמַעֲלֶה לֵיהּ עֲלוֹי. אָמַר רִבִּי אָבוּן בְשֵׁם רִבִּי זְעִירָא. אַף לְעוֹשֶׂה עֲלוֹי חֲבִילָה רַבָּנִין קְרֵיי עֲלוֹי לַמָּס מֵרֵעֵהוּ חָסֶד וְיִרְאַת שַׁדַּי יַעֲזוֹב. HALAKHAH: “If somebody says to another: go and marry me preliminarily to woman X,” etc. He looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously5Kiddushin.58b">Babli 58b.. The same holds for monetary transactions. If somebody says to another: go and buy for me goods X, and [the agent] went and bought [the merchandise] for himself, he looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously6The Kiddushin.59a">Babli, 59a, agrees in general but points out that an agent must have some flexibility in warding off claims by third parties; it might be to the advantage of the principal if the agent acquires for himself rather than let the property fall into hostile hands.. Rebbi Ze‘ira cursed those who saw another person trying to buy certain goods and outbid him. Rebbi Abun in the name of Rebbi Ze‘ira: Also about one who organizes a group against another7S. Lieberman [Tarbiz 4 (1937), p. 379] explains that simply by having a group of people showing interest, even if no competing bid ensues, the hand of the seller is strengthened and the buyer forced to increase his bid., the rabbis quote: “A person who prevents a good thing coming to his neighbor abandons the fear of the Almighty.8Job.6.14">Job 6:14, interpretation of Targum. (In a Genizah fragment: “The rabbis of Caesarea quote.”)”
לֹא הוּחְזַק הַשָּׁלִיחַ בָּעֵדִים. הוּא אוֹמֵר. לְעַצְמִי קִידַּשְׁתִּי. וְהִיא אוֹמֶרֶת. לָרִאשׁוֹן. הַשֵּׁינִי כְּאוֹמֵר לָאִשָּׁה. קִידַּשְׁתִּיךְ. וְהִיא אוֹמֶרֶת. לֹא קִידַּשְׁתָּנִי. וְהוּא כְאוֹמֶרֶת לָרִאשׁוֹן. קִידַּשְׁתָּנִי. וְהוּא אוֹמֵר. לֹא קִידַּשְׁתִּיךְ. אָֽמְרָה. אֵינִי יוֹדַעַת. חֲזָקָה לַשֵּׁינִי. הוּחְזַק הַשָּׁלִיחַ בָּעֵדִים. הוּא אוֹמֵר. לְעַצְמִי קִידַּשְׁתִּי. וְהִיא אוֹמֶרֶת. לָרִאשׁוֹן. חֲזָקָה לָרִאשׁוֹן. אָֽמְרָה. אֵינִי יוֹדַעַת. שְׁנֵיהֶן נוֹתְנִין גֵּט. וְאִם רָצוּ אֶחָד נוֹתֵן גֵּט וְאֶחָד כּוֹנֵס. If the agent was not identified as such by the witnesses9The witnesses to the preliminary marriage say that they did not know that the male was appointed as agent and, therefore, they did not listen carefully whether the male stated that he was marrying the woman for himself or for a third party. and he says, I married her preliminarily for myself, but she says, to the first, the second is like one who says to a woman: I married you preliminarily but she says, you did not marry me preliminarily10The case treated in Mishnah 11. The party which asserts the existence of the marriage is forbidden to marry the close relatives of the other party. The party which denies the existence of a marriage is not forbidden to marry any close relative of the other party.. Also it is as if she said to the first, you married me preliminarily but he says, I did not marry you preliminarily. If she says, I do not know, the presumption is in favor of the second11If the ceremony was not announced as one of marriage by proxy and nobody noticed anything unusual in the formulas being used, it was not a marriage by proxy and the woman is certainly married to the agent.. If the agent was identified as such by the witnesses and he says, I married her preliminarily for myself, but she says, to the first, the presumption is in favor of the first12If the agent was announced as a proxy and nobody noticed anything out of the ordinary, it was a marriage by proxy.. If she said, I do not know, both of them give a bill of divorce or, if they so desire, one gives a bill of divorce and the other marries definitively.
לְפִיכָךְ אִם מֵת הַשֵּׁינִי בְּתוֹךְ שְׁלֹשִׁים יוֹם אוֹ גֵירְשָׁהּ חָלוּ עֲלֶיהָ קִידּוּשֵׁי רִאשׁוֹן לְאַחַר שְׁלֹשִׁים יוֹם. מֵת לְאַחַר שְׁלֹשִׁים וְלֹא גֵירַשׁ לֹא חָלוּ עֲלֶיהָ קִידּוּשֵׁי הָרִאשׁוֹן. הָדָא דְתַנֵּי רִבִּי חִייָה. כָּל־תְּנַאי שֶׁנִּתְקַייֵם אַף עַל פִּי שֶׁבָּטַל לְאַחַר מִיכֵּן הֲרֵי זוֹ מְקוּדֶּשֶׁת. וְכָל־תְּנַאי שֶׁבָּטַל בְּשְׁעַת קִידּוּשִׁין אַף עַל פִּי שֶׁמִּתְקַייֵם לְאַחַר מִיכֵּן אֵינָהּ מְקוּדֶּשֶׁת. Therefore13Referring to the second part of the Mishnah, about the man who stipulated that the preliminary marriage be effective only after 30 days., if the second died within thirty days or divorced her, the preliminary marriage of the first is activated after thirty days. If he died after thirty [days] without having divorced her, the preliminary marriage of the first is not activated14If the second man was preliminarily married to her at the end of 30 days, the first preliminary marriage would be marriage to an already married woman; it is null and void. It cannot be reactivated even if the second man later dies.. That is what Rebbi Ḥiyya stated: With any condition which was fulfilled15At the time of the activation of the preliminary marriage., even if later it becomes moot, she is preliminarily married. But with any condition which was not satisfied at the moment of preliminary marriage, even if later it became moot, she is not preliminarily married.
רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. הֲרֵי זוֹ עוֹלָה לְאַחַר שְׁלֹשִׁים יוֹם. וּמְכָרָהּ בְּתוֹךְ שְׁלֹשִׁים יוֹם. הֲרֵי זוֹ מְכוּרָה וְהֶקְדֵּישָׁהּ הֶקְדֵּשׁ. חָזַר וּלְקָחָהּ בְּתוֹךְ שְׁלֹשִׁים יוֹם חַל עָלֶיהָ הֶקְדֵּשׁ עוֹלָה. לְאַחַר שְׁלֹשִׁים לֹא חַל עָלֶיהָ הֶקְדֵּשׁ עוֹלָה. לֹא דַמְייָא עוֹלָה לְאִשָּׁה. מַה דַמְייָא אִשָּׁה לְעוֹלָה. אָמַר רִבִּי חִייָה בַּר אָדָא. תִּיפְתָּר שֶׁמֵּת הַשֵּׁינִי וַהֲוָה לֵיהּ אָח. מִכֵּיוָן שֶׁהִיא זְקוּקָה לְיִיבּוּם לֹא חָלוּ עֲלֶיהָ קִידּוּשֵׁי הָרִאשׁוֹן. מַה דַמְייָא עוֹלָה לְאִשָּׁה. אָמַר רִבִּי מַתַּנְיָה. תִּיפְתָּר שֶׁהִקְדִּישָׁהּ לְבַעֲלַת מוּם קָבוּעַ. רִבִּי בּוּן בַּר חִייָא בְעָא קוֹמֵי רִבִּי זְעִירָא. תַּמָּן אַתְ אָמַר. אֲמִירָתִי לַגָּבוֹהַּ כִּמְסִירָתִי לָהֶדְיוֹט. וְהָכָא אַתְּ אָמַר הָכֵין. אָמַר לֵיהּ. תַּמָּן בָּאוֹמֵר. מִכְּבָר. בְּרַם הָכָא בָּאוֹמֵר. לְאַחַר שְׁלֹשִׁים יוֹם. Rebbi Abbahu in the name of Rebbi Joḥanan: “This animal shall be an elevation sacrifice after thirty days.” If he sold it within the thirty days, it is sold; its dedication sanctifies16Since nobody can dedicate anything which is not his, the first dedication was invalidated by the sale; the buyer may use the animal for any sacrifice, not just as elevation sacrifice (Nazir 2:9:4" href="/Jerusalem_Talmud_Nazir.2.9.4">Nazir 2:9, Note 120).. If he bought it back within the thirty days, the dedication as elevation sacrifice applies to it. After thirty days, the dedication as elevation sacrifice no longer applies17Since at the end of 30 days the animal was neither his property nor in his possession.. But an elevation sacrifice cannot be compared to a woman18As R. Abun bar Ḥiyya notes later in this paragraph, dedications follow rules quite different from acquisitions; it is difficult to understand why the dedicated animal could validly be sold.! Could an elevation sacrifice be compared to a woman? Rebbi Ḥiyya bar Ada said, explain it that the second man died19He died childless. While the widow is not automatically married to the levir, she is prevented from marrying any other man unless she receives ḥalîṣah from him. Therefore, the preliminary marriage of the first is void even if the second man, whose preliminary marriage was valid immediately, dies within the thirty days. but he had a brother. Since she is a candidate for levirate, the preliminary marriage of the first cannot be valid. Could an elevation sacrifice be compared to a woman? Rebbi Mattania said, explain it that he dedicated an animal with a permanent defect.20Then the dedication was not as elevation sacrifice but stipulated that the animal be sold and the money used as elevation sacrifice. In that case, it would not be necessary that the original owner buy the animal back but only that the buyer renounce his property rights before the end of 30 days. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: There you say, my promise to Heaven is like my delivery to a private person21Kiddushin 1:6:1" href="/Jerusalem_Talmud_Kiddushin.1.6.1">Mishnah 1:6. If the animal is immediately delivered to the Temple, it cannot be sold., and here, you say so? He answered him: there, immediately, but here if he says, after thirty days21Kiddushin 1:6:1" href="/Jerusalem_Talmud_Kiddushin.1.6.1">Mishnah 1:6. If the animal is immediately delivered to the Temple, it cannot be sold..
רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. הֲרֵי זוֹ עוֹלָה שְׁלֹשִׁים יוֹם. כָּל־שְׁלֹשִׁים הֲרֵי זוֹ עוֹלָה. לְאַחַר שְׁלֹשִׁים יוֹם יָצָאת לַחוּלִין מֵאֵילֶיהָ. מְעִילָתָהּ מָה הִיא. רִבִּי יוֹחָנָן אָמַר. מְעִילָתָהּ בְּרוּרָה. רִבִּי זְעִירָא רְבִּי הִילָא תְּרֵיהוֹן אָֽמְרִין. מְעִילָתָהּ סָפֵק. הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי שְׁלֹשִׁים יוֹם. הֲרֵי זוֹ מְקוּדֶּשֶׁת. מַה בֵין הֶקְדֵּשׁ וּמַה בֵין אִשָּׁה. מָצִינוּ הֶקְדֵּשׁ יוֹצֵא בְּלֹא פִדְיוֹן וְלֹא מָצִינוּ אִשָּׁה יוֹצְאָה בְּלֹא גֵט. הֵן אַשְׁכַּחְנָן הֶקְדֵּשׁ יוֹצֵא בְּלֹא פִדְיוֹן. כְּרִבִּי שִׁמְעוֹן. דְּרִבִּי שִׁמְעוֹן אָמַר. נִכְנָסִין וְלֹא נוֹתְנִין. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. תִּיפְתָּר דִּבְרֵי הַכֹּל בִּשְׂדֵה מִקְנָה. הֲרֵי זוֹ גִיטָּהּ שְׁלֹשִׁים יוֹם. אֵין זֶה גֵט כְּרִיתוּת. אָמַר רִבִּי יִצְחָק בְּרִבִּי לָֽעְזָר. הָדָא דְאַתְּ אָמַר מְקוּדֶּשֶׁת. בְּשֶׁקִּידְּשָׁהּ בְּכֶסֶף. אֲבָל אִם קִידְּשָׁהּ בִּשְׁטָר הוֹאִיל וְלֹא לָֽמְדוּ כְתַב קִידּוּשִׁין אֶלָּא מִגֵּירוּשִׁין. מַה בְגֵּירוּשִׁין אֵינָהּ מְגוֹרֶשֶׁת אַף בְּקִידּוּשִין אֵינָהּ מְקוּדֶּשֶׁת. Rebbi Abbahu in the name of Rebbi Joḥanan: “This shall be an elevation sacrifice for thirty days,” it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane23A different version, describing an animal designated as (most holy) elevation offering for 30 days and afterwards as (simply holy) well-being offering, is quoted as tannaïtic text in the Nedarim.29a">Babli, Nedarim 29a.. What is its status regarding larceny24An animal dedicated as sacrifice is forbidden for all use; it cannot be used for work, nor can it be shorn for its wool. The question is whether illicit use of an animal temporarily declared a sacrifice triggers the penalties spelled out in Leviticus.5.14-16">Lev. 5:14–16.? Rebbi Joḥanan said, the larceny is clear25Since during the 30 days it is a sacrifice, if it was used then all the penalties are due.. Rebbi Ze‘ira, Rebbi Hila both say, the larceny is in doubt26If the animal was sacrificed during the thirty days, any prior use was larceny. But if the animal was not sacrificed, then it reverts to profane status and its use was not illegitimate; it would be forbidden to dedicate an animal to atone for the larceny. The prior use was an “evil that cannot be corrected.”. “You are preliminarily married to me for thirty days,” she is preliminarily married27Permanently, even after 30 days.. What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi Simeon, since Rebbi Simeon says, “they enter without paying.28Mishnah ‘Arakhin 7:4. If a field donated to the Temple was not redeemed before the Jubilee year, it becomes profane property of the Cohanim (Leviticus.27.21">Lev. 27:21). In R. Simeon’s opinion, the reversion to profane status is automatic; the Cohanim to whom it is distributed do not have to redeem it from the Temple treasury.” Rebbi Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field29A field which was not a family heirloom but bought from another owner automatically reverts to its hereditary owner in the Jubilee year. Even if in the meantime the field was given to the Temple by the buyer, it reverts without payment (Leviticus.27.24">Lev. 27:24).. “This is your bill of divorce for thirty days”: it is no bill of divorce30Since it is implied that after 30 days there should be no divorce, it is invalid. A divorce must be irrevocable to be valid (Gittin 4:8:3" href="/Jerusalem_Talmud_Gittin.4.8.3">Giṭṭin 4:8, Note 192). A shortened version of the text is discussed by Nedarim 29a" href="/Ran_on_Nedarim.29a">Ran, Nedarim 29a.. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, since marriage documents were inferred from divorce documents31Kiddushin 1:1:18" href="/Jerusalem_Talmud_Kiddushin.1.1.18">Chapter 1, Note 21. and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.
רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. הֲרֵי זוֹ עוֹלָה לְאַחַר שְׁלֹשִׁים. מְכָרָהּ בְּתוֹךְ שְׁלֹשִׁים אֵינָהּ מְכוּרָה. הִקְדִּישָׁהּ לֹא קָֽדְשָׁהּ. לֵיי דֶא מִילָּה אָמַר לֵיהּ. לְאַחַר שְׁלֹשִׁים. לְשַׁייֵר לוֹ גִיזָה וַעֲבוֹדָה. תְּלוֹשׁ מִן הַקַּרְקַע הַזֶּה שֶׁיִּקָּנֶה לָךְ לְאַחַר שְׁלֹשִׁים יוֹם. מְכָרוֹ בְּתוֹךְ שְׁלֹשִׁים יוֹם אֵינוֹ מָכוּר. הִקְדִּישׁוֹ לֹא קָדַשׁ. לֵיי דֶא מִילָּה אָמַר לֵיהּ לְאַחַר שְׁלֹשִׁים. לְשַׁייֵר לוֹ אֲכִילַת פֵּירוֹת. הֵילָךְ סֶלַע זֶה שֶׁתִּקָּנֶה לִי שָׂדָךְ לְאַחַר שְׁלֹשִׁים יוֹם. מְכָרָהּ בְּתוֹךְ שְׁלֹשִׁים אֵינָהּ מְכוּרָה. וּמַה בֵינָהּ לְאִשָּׁה. אֶלָּא מְכָרָהּ הֲרֵי זוֹ מְכוּרָה. Rebbi Abbahu32It seems that this name is incorrect since earlier R. Abbahu stated that the animal may be validly sold (Kiddushin 3:1:5" href="/Jerusalem_Talmud_Kiddushin.3.1.5">Note 16). Since the name tradition in the first case is confirmed by a parallel, the quote here is the one to be questioned. in the name of Rebbi Joḥanan: “This animal shall be an elevation sacrifice after thirty days;” if he sold it during the thirty days, it is not sold; its dedication does not sanctify33This Amora holds that even “a delayed promise to Heaven is like an immediate delivery to a private person” (Kiddushin 3:1:5" href="/Jerusalem_Talmud_Kiddushin.3.1.5">Note 21).. For which purpose did he say: “after thirty”? To reserve for himself shearing and work34For the first 30 days.. “Pick from this field35This is authorization of transfer of ownership following Kiddushin 1:5:1" href="/Jerusalem_Talmud_Kiddushin.1.5.1">Mishnah 1:5. Title to the field is transferred immediately even if actual possession by the buyer is deferred. that it should be acquired by you after thirty days;” if he sold it within thirty days it is not sold, if he36The seller. dedicated it it is not sanctified. Why did he say, after thirty days? To reserve usufruct for himself37The seller may harvest the field for the next 30 days.. “Here you have this tetradrachma that your field should be mine after thirty days38While real estate may be acquired by money (Kiddushin 1:5:1" href="/Jerusalem_Talmud_Kiddushin.1.5.1">Mishnah 1:5), the language implies that both ownership and possession will be deferred for 30 days.,” if he sold it within thirty days it is not sold, if he dedicated it it is not sanctified. What is the difference between this and a woman39Since it is stated in the Mishnah that money given now for a later acquisition of a woman in preliminary marriage does not prevent her from marrying another man in the meantime.? But if he sold it, it is sold40To exclude any sale to a third party, either ownership or possession must have been transferred at the moment of transaction..
הֵי לָךְ כֶּסֶף זֶה שֶׁיִּקָּנֶה לִי עַבְדָּךְ לְאַחַר שְׁלֹשִׁים. אִית תַּנָּיֵי תַנֵּי. הָרִאשׁוֹן בְּיוֹם וּבְיוֹמַיִים. וְאִית תַּנָּיֵי תַנֵּי. הַשֵּׁינִי בְּיוֹם וּבְיוֹמַיִים. אִית תַּנָּיֵי תַנֵּי. זֶה וָזֶה אֵינוֹ בְּיוֹם וּבְיוֹמַיִים. אִית תַּנָּיֵי תַנֵּי. זֶה וָזֶה בְּיוֹם וּבְיוֹמַיִים. מָאָן דָּמַר. הָרִאשׁוֹן בְּיוֹם וּבְיוֹמַיִים. וּמֵת תַּחַת יָדוֹ. מָאן דְּאָמַר. הַשֵּׁינִי בְּיוֹם וּבְיוֹמַיִים. כִּי כַסְפּוֹ הוּא. מָאן דְּאָמַר. זֶה וָזֶה בְּיוֹם וּבְיוֹמַיִים. הָרִאשׁוֹן וּמֵת תַּחַת יָדוֹ. הַשֵּׁינִי כִּי כַסְפּוֹ הוּא. מָאן דְּאָמַר. זֶה וָזֶה אֵינוֹ בְּיוֹם וּבְיוֹמַיִים. הָרִאשׁוֹן שֶׁאֵינוֹ כַסְפּוֹ וְהַשֵּׁנִי אֵינוֹ מֵת תַּחַת יָדוֹ. “Here you have money that your slave shall become acquired by me after thirty days.41As explained in this paragraph, ownership is transferred immediately but possession is deferred for thirty days.” Some Tannaïm stated: The first [owner] is subject to “a day or two”42Exodus.21.20-21">Ex. 21:20–21. Killing a slave is murder. But if the slave dies because of a punishment he receives from his owner and lives at least 24 hours after the punishment, the owner’s act is not prosecutable.. But some Tannaïm stated: The second [owner] is subject to “a day or two”. Some Tannaïm stated: Neither the first nor the second [owners] are subject to “a day or two”. But some Tannaïm stated: Both first and second [owners] are subject to “a day or two”. He43In the Babli, Baba batra 50a, R. Meïr. who says, the first [owner] is subject to “a day or two”, “if he dies in his possession44Exodus.21.20">Ex. 21:20, the verse which declares the owner guilty of murder if he kills his slave..” He45In the Babli, R. Jehudah. who says, the second [owner] is subject to “a day or two”, “for he is his money46Exodus.21.21">Ex. 21:21, the verse which exempts the owner from prosecution if the slave lives for 24 hours. “His money” indicates ownership..” He47In the Babli, R. Yose. who says, both first and second [owners] are subject to “a day or two”, the first because of “if he dies in his possession,” the second because of “for he is his money.” He48In the Babli, R. Eleazar. who says, neither the first nor the second [owners] are subject to “a day or two”, for he is not the first’s money and does not die in the possession of the second.
בַּת כֹּהֵן לְיִשְׂרָאֵל תֹּאכַל בַּתְּרוּמָה. אִית תַּנָּיֵי תַנֵּי. לֹא תֹאכַל בַּתְּרוּמָה. אָמַר רִבִּי הִילָא. מָאן דְּאָמַר. תֹּאכַל בַּתְּרוּמָה. כְּשֶׁהַשֵּׁינִי כֹהֵן. וּמָאן דְּאָמַר. לֹא תֹאכַל בַּתְּרוּמָה. בְּשֶׁאֵין הַשֵּׁינִי כֹהֵן. “As daughter of an Israel married to a Cohen she may eat heave49If the first man wanted the preliminary marriage to be valid only after 30 days, cf. Kiddushin 3:1:1" href="/Jerusalem_Talmud_Kiddushin.3.1.1">Note 3..” Some Tannaïm state: She may not eat heave. Rebbi Hila said, the one who says that she may eat heave refers to the case that the second man is a Cohen, but the one who says that she may not eat heave refers to the case that the second man is not a Cohen.
מֵעַכְשָׁיו לְאַחַר שְׁלֹשִׁים יוֹם. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. אֲפִילוּ קִידּוּשֵׁי מֵאָה תוֹפְשִׂין בָּהּ. אָמַר רִבִּי לָֽעְזָר. לָכֵן צְרִיכָה. אֲפִילוּ קִידְּשָׁהּ הַשֵּׁינִי קִידּוּשִׁין גְּמוּרִין. רִבִּי יִצְחָק בַּר טֶבֶלַיי בְעָא קוֹמ͏ֵי רִבִּי לָֽעְזָר. מַה נַפְשֵׁךְ. מַה שֶׁקָּנָה בָהּ הָרִאשׁוֹן קָנָה וְהַשְּׁאָר הַשֵּׁינִי בָא וְגוֹמֵר. אָמַר לֵיהּ. וְכִי יֵשׁ נַפְשֵׁךְ בְּעֶרְווֹת. מָהוּ כְדוֹן. כָּל־אִשָּׁה שֶׁאֵינָהּ קְנוּיָה לְאָדָם אֶחָד אֲפִילוּ קִידּוּשֵׁי מֵאָה תוֹפְסִין בָּהּ. “From today and after 30 days.” Rebbi Abbahu in the name of Rebbi Joḥanan: Even preliminary marriages of a hundred men apply to her50This refers to the case where a sequence of men said: “from now and after 30 days,” cf. Kiddushin 3:1:1" href="/Jerusalem_Talmud_Kiddushin.3.1.1">Note 3. In this case, she is married to none of them completely; cf. Yevamot 3:4:3" href="/Jerusalem_Talmud_Yevamot.3.4.3">Yebamot 3:5, Notes 102–105 (5:1, end; Nedarim 10:5:2" href="/Jerusalem_Talmud_Nedarim.10.5.2">Nedarim 10:6 Note 59); Kiddushin.60a">Babli 60a.. Rebbi Eleazar said, it was necessary [to state], even if the second preliminarily married her absolutely51The interpretation of R. Abbahu is not the only one possible. Since the Mishnah mentions the condition “from now and after 30 days” only for the first man, it is quite possible that the second marries her unconditionally. Then no other man can join the list of suitors but nevertheless the woman is still “married and not married”.. Rebbi Isaac bar Tebele asked before Rebbi Eleazar: As you take it52מַה נַפְשֵׁךְ is a technical term implying that a certain conclusion follows from two mutually exclusive premises.; what the first acquired, he acquired; the remainder the second finished53This elliptic statement can be explained as follows (R. Moses Margalit): If the statement of the first groom, “from today and after 30 days”, means that he requires 30 days to make up his mind and might annul the preliminary marriage, then it is obvious that the second contracted a valid marriage and the first is eliminated. But if “from today and after 30 days” means that he wants to be married now but his obligations start only after 30 days, the first acquired the right to preliminarily marry the woman after 30 days. If now the second man marries her unconditionally within the thirty days, which the first cannot hinder, his acquisition should have eliminated the option which the first had acquired.. He answered, is this kind of argument applicable to incest prohibitions54Incest and adultery prohibitions are so serious that no kind of intellectual acrobatics is applicable to them.? How is that? To any woman who is not acquired by one man only, even preliminary marriages of a hundred men apply.
חַד תַּלְמִיד בְּעָא קוֹמֵי רִבִּי זְעִירָא. נָתַן לָהּ בְּשַׁחֲרִית עַל מְנָת לְגֵרְשָׁהּ בֵּין הָעַרְבָּיִם. חַד דָּוִיד סְבַר מֵימַר. כָּל־שֶׁהוּא קוֹנֶה. אָמַר רִבִּי זְעִירָא. לְאַחַר שְׁלֹשִׁים קוֹנֶה קַנְייָן גָּמוּר. אֲבָל אִם הוֹסִיף בָּהּ הַשֵּׁינִי קִנְייָן גָּמוּר קוֹרֵא אֲנִי עָלֶיהָ לֹא יוֹכַל בַּעֲלָהּ הָרִאשׁוֹן אֲשֶׁר שִׁלְּחָהּ לָשׁוּב לְקַחְתָּהּ. A student asked before Rebbi Ze‘ira: If he gave it to her in the morning on condition that he divorce her in the afternoon55From the following it seems that the question was about a case in which A gave a wedding gift to a woman stating that she should be preliminarily married to him “from now after a specified time” but divorcing her before the end of the stated period. B preliminarily married the same woman after A’s conditional marriage but before the divorce. The Mishnah refers to the situation after the end of the 30 day period, when both preliminary marriages are in conflict. That situation may be rectified by at least one divorce. But in the situation described here, the question remains whether a divorce is possible for a marriage which has not yet started.? A certain David was of the opinion that anything acquires56Therefore, a divorce is possible also for a partial marriage.; Rebbi Ze‘ira said that after thirty days he acquires absolutely57He questions the possibility of divorce of a not yet existing marriage.
A Genizah fragment adds a sentence which was lost by the Leiden scribe by homeoteleuton:
ניתגרשה מזה מותר לזה. נית׳ מזה מותר לזה. ניתגרשה משניהן מותר׳ לאיזו … בשלא הוסיף בה השיני
קניין גמור.
If she was divorced by the first, she is permitted to the second; if she was divorced by the second, she is permitted to the first. If she was divorced by both of them, she is permitted to anybody [she likes]. If the second did not add absolute acquisition;
The first two sentences are the conclusion of the previous text. The last sentence is the introduction to the following text. The text does not add anything to the understanding of the Leiden text.. But if the second one added absolute acquisition, I am reading for her: “Her first husband who had sent her away cannot return to take her back.58Deuteronomy.24.4">Deut. 24:4. If the second preliminary marriage was unconditional and the second man died, the first who had given a divorce whose validity may be suspect cannot marry the woman, since for the rule that a divorcee married to another man may not be taken back by her first husband, the divorce and the preliminary marriage to the second man was real.”
הָיוּ שְׁנֵיהֶן כֹהֲנִים שְׁנֵיהֶן אַחִים. שְׁנֵיהֶן אֲסוּרִין. הָיוּ שְׁלֹשָׁה אַחִין וְקִידְּשׁוּהָ שְׁנַיִם מֵהֶן וָמֵתוּ. הָדָא הִיא דְתַנֵּי רִבִּי חִייָה. אֵשֶׁת מֵת אֶחָד מִתְייַבֶּמֶת וְלֹא אֵשֶׁת שְׁנֵי מֵתִים. הָיוּ שְׁנֵי אַחִים וְקִידְּשׁוּהָ שְׁנֵיהֶן וּמֵת אֶחָד מֵהֶן. הַשֵּׁינִי מָהוּ שֶׁיְּהֵא מוּתָּר בָּהּ. מָה נַפְשֵׁךְ. מַה שֶׁקָּנָה בָהּ קָנָה וְהַשְּׁאָר נָֽפְלָה לוֹ מֵאֵת אָחִיו. רִבִּי יוּדָן בַּר פָּזִי אָמַר. אָסוּר בָּהּ. אָמַר רִבִּי יוֹסֵי. טַעֲמָא דְּרִבִּי יוּדָה בַּר פָּזִי. כָּל־יְבָמָה שֶׁאֵין כּוּלָּהּ לִפְנִים צַד הַקָּנוּי שֶׁבָּהּ נִידּוֹן מִשּׁוּם עֶרְוָה וְעֶרְוָה פּוֹטֶרֶת צָרָתָהּ. אָמַר רִבִּי חֲנִינָה. יְאוּת אָמַר רִבִּי יוּדָה בַּר פָּזִי. כְּלוּם נָֽפְלָה לוֹ לֹא מַחְמַת אָחִיו. לְאָחִיו הִיא אֲסוּרָה לוֹ הִיא מוּתֶּרֶת. If both were Cohanim or brothers, both are forbidden59Here starts a discussion of the statement of the Mishnah that the situation can be resolved if one of the men writes a bill of divorce and the other marries the woman. There are cases in which both must divorce and neither of them can marry: A Cohen may not marry a divorcee; this includes a woman who is divorced without ever being really married. The wife of a brother is prohibited to her brother-in- law except in the case of a required levirate marriage. In the case of the Mishnah, if the two men are brothers, the woman is forbidden to either of them as the brother’s wife.. If there were three brothers; two of them contracted a preliminary marriage with her and then died. That is what Rebbi Ḥiyya stated60Yevamot 3:10:2" href="/Jerusalem_Talmud_Yevamot.3.10.2">Yebamot 3:10, Note 137.: The wife of one deceased contracts levirate marriage but not the wife of two deceased men. If they were brothers, both contracted a preliminary marriage with her and then one of them died. Is she permitted to the second? As you take it, what he had acquired, he had acquired; the rest he inherits from his brother61The argument is that the surviving brother should be allowed to marry both in his own right and as levir.. Rebbi Jehudah ben Pazi said, she is forbidden to him. Rebbi Yose said, the reason of Rebbi Jehudah ben Pazi is that the aspect acquired in any sister-in-law who is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition frees the co-wife62Yevamot 2:2:5" href="/Jerusalem_Talmud_Yevamot.2.2.5">Yebamot 2:2, Note 55. The argument of Kiddushin 3:1:12" href="/Jerusalem_Talmud_Kiddushin.3.1.12">Note 61 is invalid: Levirate is possible only if the brother’s marriage was undoubtedly valid.. Rebbi Ḥanina said, Rebbi Jehudah ben Pazi said it correctly. Does she not become his because of his brother? To his brother she was forbidden59Here starts a discussion of the statement of the Mishnah that the situation can be resolved if one of the men writes a bill of divorce and the other marries the woman. There are cases in which both must divorce and neither of them can marry: A Cohen may not marry a divorcee; this includes a woman who is divorced without ever being really married. The wife of a brother is prohibited to her brother-in- law except in the case of a required levirate marriage. In the case of the Mishnah, if the two men are brothers, the woman is forbidden to either of them as the brother’s wife.; to him she should be permitted?
בַּת כֹּהֵן לְיִשְׂרָאֵל לֹא תֹאכַל בַּתְּרוּמָה. לָכֵן צְרִיכָה שֶׁאֲפִילוּ הַשֵּׁינִי כֹהֵן. “A daughter of a Cohen married to an Israel may not eat heave.” This is a necessary statement, even in case the second man is a Cohen63The statement of the Mishnah seems to be trivial since the daughter of a Cohen married to an Israel is excluded from heave by biblical decree (Leviticus.22.12">Lev. 22:12). It is stated here that she is excluded even if the claim of the Israel on her is only one of partial marriage..