json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Nashim/Bartenura on Mishnah Kiddushin/English/merged.json

{
    "title": "Bartenura on Mishnah Kiddushin",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Kiddushin",
    "text": [
        [
            [
                "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.",
                "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].”",
                "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.",
                "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.",
                "בפרוטה – which is one-half a barley of silver",
                "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.",
                "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.",
                "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.",
                "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].",
                "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.",
                "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.",
                "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].",
                "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.",
                "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.",
                "בהגבהה – but not by taking possession by drawing towards one’s self the object to be acquired",
                "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].",
                "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.",
                "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…].”",
                "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.",
                "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.",
                "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.",
                "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.",
                "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.",
                "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."
            ],
            [
                "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).",
                "אנשים חייבים – The father is obligated in these commandments regarding his son, but the mother is exempt.",
                "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.",
                "אחד אנשים ואחד נשים חייבים – [both] daughters and sons are obligated [for this].",
                "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)",
                "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.",
                "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.",
                "חוץ מסוטה ונזירה שהן מניפות – their meal offerings are by themselves, as their meal-offerings require waving by its owners."
            ],
            [
                "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].”",
                "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.",
                "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.",
                "מטיבין לו ומאריכין את ימיו – for the world to come.",
                "ונוחל את הארץ – the land of the living.",
                "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."
            ]
        ],
        [
            [
                "האיש מקדש בו ובשלוחו – at first by him and afterwards with his agent, for it is a greater Mitzvah by him than with his agent, for when he engages himself in the Mitzvah, he receives greater reward. And we derive [the concept] that the agent of a person is [considered] like that person (see also Mishnah Berakhot, Chapter 5, Mishnah 5) from a Biblical verse, as it is written (Exodus 12:6): “and all the assembled congregation of the Israelites shall slaughter it [at twilight],” for does the entire people of Israel slaughter the Passover [sacrifice]? But from here [we derive the concept] that the agent of a person is like that person.",
                "האיש מקדש בת בתו כשהיא נערה – and all the more so when she is a minor. And the fact that the Mishnah took [the terminology] “a girl between the ages of twelve and twelve-and-one-half years of age” is the custom which comes to teach us that it is forbidden for a man to betroth his daughter when she is a minor until she grows [to adulthood] and says that I want [to be with] so-and-so.",
                "ואם לאו, אינה מקודשת – for since he [i.e., the prospective husband] said, be betrothed to me, be betrothed to me, each one is [considered] betrothal on their own.",
                "עד שיהא באחת מהן שוה פרוטה – this one of them is not established other with the concluding one of them, for if he said to her, “be betrothed to me with this, with that and with the other” and she would consume one at a time, all that she has consumed would be like a loan regarding her, and when she reaches the final one, the betrothal is completed; if it has [the value of] the equivalent of a Perutah/penny, he would betroth with a loan and a Perutah, and we establish that he who betroths with a loan and a Perutah, her mind is on the Perutah and she is betrothed; but if the last [item] is not worth a Perutah, even though that what came before is worth the equivalent of a Perutah, when we arrive at the conclusion of the betrothal, it is a betrothal through a loan, and one who [tries to] betroths through a loan, [the woman] is not betrothed."
            ],
            [
                "של זהב ונמצא של כסף כו' – There are different people who prefer only that or that.",
                "רבי שמעון אומר: אם הטעה לשבח, הרי זו מקודשת – Rabbi Shimon does not dispute other on [the question] of financial increase; for in and of itself, if it is of the same value, it would be fine for him. But regarding the increase in value of genealogies, such as “if he is a Levite, and it was found that he is a Kohen, Rabbi Shimon would admit that even if he had been deceived or he deceased her, even for something better, she is not betrothed, for his betterment is not pleasant for her since he exalts himself over her. And the Halakha is not according to Rabbi Shimon."
            ],
            [
                "שפחה גודלת – who plaits women’s hair. Another explanation: someone who is talkative and a master of language, as it states (Ezekiel 35:13): “And you spoke arrogantly against Me [and multiplied your words against Me: I have heard it].”",
                "אע\"פ שאמרה בלבי היה להתקדש כו' – that words that are in the heart are not words."
            ],
            [
                "הלך וקדשה במקום אחר – He is showing him [i.e., the agent] the place, and this is not a condition."
            ],
            [
                "תצא שלא בכתובה – for he said that it is impossible for me with a woman who takes vows. But a Jewish bill of divorce is required from doubt, since he did not specify, perhaps his mind was on a woman who takes vows.",
                "הפוסלים בכהנים – It is explained in Tractate Ketubot (Chapter 7, Mishnah 7)."
            ],
            [
                "סבלונות – presents that the groom generally sends to his betrothed.",
                "אינה מקודשת – and we don’t say that he knew that his [act of] betrothal was not a betrothal and that he determined to send her presents of betrothal for the purpose of betrothal, but we say that because of the first betrothal, he sent [them].",
                "וכן קטן שקידש – and he sent presents of betrothal when he became an adult"
            ],
            [
                "אינן מקודשות – as it says in Scripture (Leviticus 18:18): “Do not marry a woman as a rival to her sister [and uncover her nakedness in the other’s lifetime].” At the time when they became rivals/associate wives to each other you have no legal marriage, even with one of them. And the same law applies to all the cases of consanguinity (i.e., where a man and woman are forbidden to each other) where they have [the punishment of] Divine extirpation, for the betrothal does not take effect.",
                "ושלהן היתה – We understand from our Mishnah that a person who betroths with stolen goods, and even with her stolen goods is not betrothed. And we do not say that when he received it, it took effect, for since it is taught that “it was theirs and it was Seventh-year produce,” that because it was of the Seventh year and the produce was ownerless, because of that, the women are betrothed, but sisters cannot be betrothed [to one man], but if it (i.e., the produce) was not of the Seventh-year, for it was [in reality] theirs (i.e., belonging to the sisters), betrothal does not take effect with any one of them. But especially when one betroths with stolen [produce] prior to despair [of the original owner of getting it back], we say that it is not a betrothal, but when one betroths with stolen [produce] after [the original owner] despairs [of getting it back], his betrothal is a betrothal. And we understand also that one who betroths with Seventh-year produce is betrothed. And we don’t say that they are not his monies to take possession of them, but rather, since he took possession of them, it is his money for all matters. And we also understand that a woman can become an agent for her fellow [female], and even in a case where she becomes her rival. And even though that in all testimony where a woman is fit to, the rival is not fit for it. But her agency, however, since it was done, it was done. For here in these betrothals, they are made rivals one to the other when she accepts it, for it is taught that sisters cannot become betrothed [to the same man], but women who are strangers (i.e., not related) may be betrothed [together]. And our Mishnah is reconciled in the Gemara (Kiddushin 52a) according to this Halakha, that a person who betroths a woman and her daughter or [betroths] a woman and her sister, both (i.e., woman and daughter AND woman and her sister) are viewed as one, and they are not betrothed. For one was [regarding] a woman and her daughter and one was [regarding] a woman and her sister, such as the case where he said to both of them: “One of you is betrothed to me,” but he did not explicate to which of them he is betrothing, and one of them accepted the betrothal/Kiddushin on behalf of her [female] partner (i.e., either her sister or her daughter), or both of them accepted the Kiddushin/betrothal as one, betrothed, but both of them require a Jewish bill of divorce. And if he said: “[to the one] who is appropriate for me for engage in sexual relations is betrothed to me,” they are not betrothed, for each one of them (i.e., these pairs of women – woman and sister; woman and daughter) there is [the question] of doubting her [on account of] the sister and of his wife, and none of them are appropriate for sexual relations. And there is also the story (spelled out in our Mishnah) and among them, two are sisters and one [man] collected a basked containing chosen fruits and said to the one appropriate for sexual relations, “become betrothed to me.” But the Sages said, that sisters may not become betrothed [to one man], but strangers who were worthy for sexual relationships can be betrothed. But if one [man] said: “All of you are betrothed to me,” not a single one of them are betrothed to him, for just as sisters cannot become betrothed [together to the same man], so all the others cannot betrothed to him, since he said, “all of you.”"
            ],
            [
                "המקדש בחלקו – [the portion] that he divided with his brothers who are Kohanim.",
                "אינה מקודשת – because the Kohanim became worthy from the table of “On-High” (i.e., God), and Scripture states (Numbers 18:9): “This shall be yours from the most holy sacrifices: the gifts….” Just as fire you cannot use other than for eating, so too, these gifts you shall not use them other then for eating. And regarding tithes, it is written that they are for God, and it shall remain in his status.",
                "רבי יהודה אומר מזיד קידש – Second Tithe, for it goes out to become non-sacred produce through redemption, and it was removed to non-sacred produce via this sanctification (i.e., betrothal). And Rabbi Meir there is no path of redemption in this manner.",
                "ובהקדש – of keeping the Temple in repair.",
                "מדיד קידש – for since he new that it was dedicated to the Temple and he removed it to non-sacred status on purpose, his holiness became profaned.",
                "ובשוגג – that he did not know that it was dedicated Temple property and he did not like it that dedicated Temple property would become profaned by his hand, his holiness was not profaned, and she is not betrothed. But Rabbi Yehuda held the opposite, and the Halakha is according to Rabbi Meir in tithing, and according to Rabbi Yehuda as regarding objects dedicated to the Temple worship."
            ],
            [
                "המקדש בערלה וכו' אינה מקודשת – since all of them are forbidden to derive benefit [from them]. The fruit of trees from the first three years, as it is written (Leviticus 19:23): “[Three years it shall be forbidden to you,] not to be eaten,” both the prohibition of eating and the prohibition of deriving benefit by implication.",
                "ובכלאי הכרם – as it is written (Deuteronomy 22:9): “[You shall not sow your vineyard with a second kind of seed,] else the crop [from the seed you have sown – and the yield of the vineyard may not be used],” lest it be burned by fire.",
                "ובשור הנסקל – as it is written concerning it (Exodus 21:26): “[When an ox gores a man or a woman to death, that ox shall be stoned] and its flesh shall not be eaten….”",
                "ובעגלה ערופה – as it is written about it “absolve” like with things dedicated to the Temple (Kiddushin 57a) as it states (Deuteronomy 21:8): “Absolve [O LORD, Your people Israel whom You redeemed, and do not let guilt for the blood of the innocent remain among Your people Israel] and they will be absolved of bloodguilt.”",
                "בציפורי מצורע – As is taught in a Baraita (Kiddushin 57a – the School of Rabbi Yishmael): It is stated: an offering which makes it fit [for admission to the Temple or eating sacred food] and an offering which procures atonement are mentioned within [the Temple]; the guilt offering of the leper which qualifies him to eat sacred food, and his sin offering which atones, both of them are offered inside [the Temple]. And it is stated: an offering which makes him fit and atones outside, also qualifies him; the birds of the leper that qualify him to come into the camp [of Israel], and which atone; the heifer whose neck is broken – where it says concerning it “and they will be absolved of bloodguilt” (Deuteronomy 21:8), and both of them are performed outside of the Temple court. Just as it qualifies him and atones for him which is mentioned – inside the Temple, which are the guilt offering and sin-offering of the leper, that which qualifies him is like that which atones, for both of them are sacred things and it is prohibited to derive any benefit from them, so also that which qualifies him and atones for him outside, which are the birds of the leper and the heifer whose neck is broken, qualifies for him as it atones for him are also prohibited to derive benefit [from them]. And from when are the birds of the leper prohibited to derive benefit? From the time of their slaughter, and the slaughtered bird alone is prohibited to benefit from it; but the heifer whose neck is to be broken – its being brought down to an ever-flowing wadi, prohibit it [to derive benefit from it].",
                "ובשער הנזיר – As Scripture states (Numbers 6:5): “[Throughout the term of his vow as nazirite, no razor shall touch his head;] it shall remain consecrated [until the completion of his term as nazirite of the LORD,] the hair of his head being left to grow untrimmed.” The growth of the untrimmed hair of his head makes it holy.",
                "ופטר חמור – It is stated concerning him (i.e., the firstling ass) (Exodus 13:13): “[But every firstling ass you shall redeem with a sheep; if you do not redeem it] you must break its neck….” And it is stated concerning the heifer whose neck is to be broken (Deuteronomy 21:4): “There, in the wadi, they shall break the heifer’s neck. Just as the heifer whose neck is broken is prohibited to derive benefit from it, so also one may not derive benefit from the firstling ass, and it is not permitted to derive benefit from the heifer other an after its neck is broken.",
                "ובבשר בחלב – it is stated three times [in the Torah: (Exodus 23:19; Exodus 34:26 and Deuteronomy 14:21): “You shall not boil a kid in its mother’s milk,” One of them prohibits eating and one prohibits deriving benefit and one of them prohibits cooking.",
                "ובחולין שנשחטו בעזרה – as it is written (Deuteronomy 12:21): “[If the place where the LORD has chosen to establish His name] is too far from you, you may slaughter [any of the cattle or sheep that LORD gives you…].”If the Place is distant from you, you may slaughter, but you may not slaughter if the Place is close to you. It is possible that you may not eat it, but rather cast it to dogs, as we learn (Exodus 22:30): “[You shall be holy people to Me: you must not eat flesh torn by beasts in the field;] you shall cast it to the dogs.” That (i.e., flesh torn by beasts in the field) you shall cast to the dogs, but not non-sacred animals that were slaughtered in the Temple court.",
                "מכרן וקדש בדמיהן מקודשת – for you may not have anything that stamps its purchase price [with its own sacred character] that will be like it other than idolatry and Seventh-year produce. Idolatry – as it states (Deuteronomy 7:26): “[You must not bring an abhorrent thing into your house,] or you will be proscribed like it; [you must reject it as abominable and abhorrent, for it is proscribed].” Everything from which you derive benefit, it becomes like it. And [concerning] Seventh-year produce, where it says (Leviticus 25:12): “[For it is a jubilee.] It shall be holy to you; [you may only eat the growth direct from the field.]” It stamps its purchase price like something dedicated to the Temple. And Idolatry and Seventh-year produce are two verses that come with the same teaching, and all cases which have two verses that come with the same teaching, we don’t learn anything from them."
            ],
            [
                "המקדש בתרומות – The Great Terumah (i.e., the two-percent that every Israelite gives to a Kohen) and the “tithe-of-the tithe” (i.e., the one-tenth of the tenth that the Levite receives from an Israelite that goes to a Kohen).",
                "ובמעשרות – First Tithe and the Poor Tithe.",
                "ומתנות – the shoulder, the cheeks and the stomach (see Deuteronomy 18:3).",
                "ובמי חטאת – and with the water of the ashes of a sin-offering, and they are suitable to be sold to the impure to take from the reward for bringing them to the Temple place and the reward for drawing water for the altar. But the reward for sprinkling and the reward for Kiddush, which is giving the ashes in water, is forbidden.",
                "ואפילו ישראל – this is how it should be understood: And even an Israelite to whom fell Terumot and gifs from the house of his mother’s father who is a Kohen, for he was found worthy of them and he is able to sell them to Kohanim, and if he betrothed a woman with them, she is betrothed. And even if Terumot did not fall to him, but rather eatables forbidden pending the separation of sacred gifts, which had not yet been dedicated, for since, the Kohen inherits them, he stands to raise them and these Terumot are his. And this Israelite who inherited them also can separate from them the Terumah and it is his, and he can sell them to Kohanim, for the gifts that had not been dedicated are like those that had been dedicated."
            ]
        ],
        [
            [
                "האומר לחבירו צא וקדש לי אשה פלונית וקדשה לעצמו – We say in the Gemara (Kiddushin 58b) what is \"והלך\" /”and he went ? That he went with deception, and for that reason, the Mishnah teaches: “He who says to his friend” and it doesn’t teach: “He who says to his agent,” to teach us that even though he had not made him his agent from the outset to this, but said to him: “Betroth to me a specific woman,” if he betrothed him to himself, , we call him that he went with reception and that he was a deceiver.",
                "ובא אחר וקדשה בתוך ל' יום מקודשת לשני – and he can consummate a marriage by conducting a woman to his home, even within these thirty days.",
                "מקודשת – and she requires a Jewish bill of divorce from both of them.",
                "בת כהן לישראל – if this woman is the daughter of a Kohen, that became betrothed after thirty days, all thirty days, she may consume the Priest’s sacred gifts, for she was not invalidated from eating Terumah of her father’s house. But if she is the daughter of an Israelite [who is betrothed] to a Kohen, she does not eat Terumah, for she is not yet the wife of a Kohen."
            ],
            [
                "הרי את מקודשת לי – with this Perutah/penny on the condition that I will give you two hundred Zuz.",
                "ויתן – and when he gives it [to her], she is betrothed retroactively, but all who say, on condition is treated like one who says, “from now.”",
                "הרי זו מקודשת ויש לו – if there witnesses that he has it (i.e., the money), and if it is not known that he has it, she is doubtfully betrothed, lest he has it, but that he intends to upset her.",
                "ןאם הראה על השלחן – for he was a money-changer and he showed her money on the table that was not his, and she is not betrothed."
            ],
            [
                "בית כור – an appropriate place to seed a Kor, which is thirty Seah..",
                "ויש לו – If there are witnesses that he has it, she is certainly betrothed, but if it is not known that he has it, she is doubtfully betrothed. And we don’t say that monies that people make is what they hide, for we fear lest he have it and he has the intention to upset her. But land we don’t suspect that perhaps he has it, for if there is that he has land, it has a voice.",
                "ואם הראה בבקעה – that it is not his, and even though that he set it down for a tenant who will pay a fixed rent payable in kind or land tenancy on a fixed rent, she is not betrothed."
            ],
            [
                "כל תנאי – which is not a double [stipulation] (stating both alternatives) is not a [valid] condition, for even if the condition was not fulfilled, the words/matters were fulfilled.",
                "אם יעברו ואם לא יעברו – and if he did not double the words, his condition would be fulfilled and they (i.e., Reuben, Gad, and one-half of the tribe of Manasseh would inherit the land of Gilead, even though they would not cross [the Jordan River to fight the battles in Canaan with their brethren]. And even though he (i.e., Moses) said, “If every shock-fighter among the Gadites and Reubenites crosses the Jordan with you…” we don’t have that it follows from the affirmation, we derive the negative by implication. And we learn from it also, that we require the condition before the action, for since he did not say, “give it to them if they will cross [the Jordan]” implies that if he had said such, its condition would not come and void the action of the gift that preceded it, and we also learn from it that we require the affirmative prior to the negative, for he (i.e., Moses) did not say, “if you will not cross, don’t give them, but if they do cross, give them.”",
                "ר' חנינא כו' – He disputes the double condition, that there is no need to double, for it follows from the affirmation that we derive the negative by implication, and this is what Moses doubled, there was a need for that matter. And regarding the Halakhic decision, if he said, “on condition,” there is no need for the double stipulation, and neither the affirmation prior to the negative, nor the condition prior to the ac, but the condition stands. But, if he did not say, “on the condition,” he would need all of these things that we mentioned, “and if not,” the condition is void and the action is valid, and it doesn’t make a difference whether the condition was made in monetary matters or in [the realms] of Jewish divorce and betrothal – everything is equivalent in this matter."
            ],
            [
                "והוכר עוברה דבריו קיימין – Maimonides wrote [in his commentary to the Mishnah] that he may not come upon her until he betroth her a second time, for a person does not ever give possession of (i.e., sell) what does not yet exist, and they did not say that his words are fulfilled other than to be stringent upon her so that she cannot marry anyone else."
            ],
            [
                "ואעשה עמך כפועל – with the labor of one day [as the betrothal monies], and not that he is betrothing her with the salary of the work for since we hold that there regarding hiring there is from the beginning to the end, hence it is found that when he completes his work, his hire is like a loan to her, and one who betroths with a loan is not betrothed, but he betroths her now with a Perutah/penny , on the condition that afterward, he will act with her like a [day] laborer.",
                "ע\"מ שירצה אבא – In the Gemara (Kiddushin 63b), it explains that the father will not protest, and when they established the time for his protest, such as if he (i.e. the potential husband) said if the father will not protest all thirty days. Therefore, the father desired it, if the thirty days passed and he did not protest, then she is betrothed. If he didn’t want it (i.e., the betrothal to take place), that he protested within the thirty day [period], she is not betrothed.",
                "מת האב – within the thirty day [period], she is betrothed, for as we said, who is protesting?",
                "מת הבן – within the thirty day [period], we teach the father that he should protest so that she would not be in need of her brother-in-law (i.e., the husband’s brother – in the case of his dying without issue, enters his estate and marries his wife)."
            ],
            [
                "אני קדשתיה נאמן – to wed her, that he would not be arrogant before the father that who received the betrothal [monies] to say, “I am he,” for if it was not the truth, he would be afraid, as perhaps he would contradict him."
            ],
            [
                "וגרשתיה – I received her Jewish bill of divorce.",
                "והרי היא קטנה – now when I said this about her.",
                "נאמן – to make her disqualified from the priesthood [through marriage]. He is believed about his daughter all the time that she is a minor, as it is written (Deuteronomy 22:16): “[And the girl’s father shall say to the elders,] ‘I gave this man my daughter to wife…” When he said “[this] man, he prohibited her to everyone else, for we do not know to whom [it was that he was talking about], and when he returned and said to this one, he made her permissible to him.",
                "והרי היא גדולה – and if he said this after she had grown [into adulthood], but did not say this when she was still a minor, he is not believed.",
                "נשבית ופדיתיה וכו' אינו נאמן – to disqualify her from the priesthood, for regarding marriage, the All-Merciful (i.e., the Torah) believes the father; regarding her being taken captive, he is not believed.",
                "יש לי בנים – and my wife will not be dependent upon her brother-in-law (who in the case of his brother dying without issue enters into his estate and marries his wife).",
                "יש לי אחים – and my wife will be dependent upon her brother-in-law, but up until now, she was in the status that she would not be dependent.",
                "אין הבוגרות בכלל – because they are not in the domain of the father to become betrothed, and even though he had made the adult daughter an agent to receive her betrothal, we say (Kiddushin 64b) that a person does not put aside a Mitzvah which [primarily] rests on him [to see to the betrothal of his daughter] and perform one which is not incumbent upon him [concerning his adult daughter]. But minors and girls between the ages of twelve and twelve-and-one-half require a Jewish bill of divorce, out of doubt, for we don’t know which of them he (i.e., the father) had betrothed."
            ],
            [
                "קדשתי את בתי גדולה – it was necessary for the Tanna [of our Mishnah] to teach us of the dispute of Rabbi Meir and Rabbi Yosi in the case of: “I betrothed the eldest” and “I betrothed the youngest.” For had [the Mishnah] only taught us regarding “I betrothed the eldest,” I would think that on this which Rabbi Meir is commenting upon, and since there is a younger [daughter] than her, it is to this one, “the elder” that he calls her, for it is praiseworthy for a person to call his daughter with the language of “older” even though she is “younger,” when there is younger sister younger than her. But, regarding a minor, I would say that he (i.e., Rabbi Meir) would agree with Rabbi Yosi, that all the while that he can call her “elder,” he would not call her “younger.” But if [the Mishnah only taught] that alone (i.e., the statement of Rabbi Meir), it is on that alone which Rabbi Meir is commenting upon but on this one (“I betrothed the younger”), I would say that Rabbi Yosi agrees with Rabbi Meir. Therefore, it was necessary to teach both of them. And the Halakha is according to Rabbi Yosi in both cases."
            ],
            [
                "האומר לאשה קדשתיך וכו' – it is necessary for us to mention the case of when he says, “I have betrothed you,” and [the case] when she says, “you have betrothed me.” For if it (i.e., the Mishnah) [only] taught when he says to the woman: “I have betrothed you,” he is forbidden to her relatives while she is permitted to his relatives, I would think that the law is that she does not make herself forbidden to his relatives, for if he were to tell a lie, as a man doesn’t care [and hence speaks thus] if he forbids himself to her relatives for no reason, and he lies when he says, “I have betrothed you,” even though he has not [in reality] betrothed her, but she, when she states “You have betrothed me,” prohibits herself to the entire world until he gives her a Jewish bill of divorce, for if he had not established this for her, she would not have said it, and through her mouth he would be forbidden to all of her relatives, and even if he gave her a Jewish bill of divorce; this is what it comes to tell us, [that this is not the case]. (see Kiddushin 65a)",
                "קדשתיך והיא אומרת לא קדשת אלא בתי וכו' – because you might think to say that since according to the Torah, the father is believed about his daughter, that the mother would be believed about her daughter, according to the Rabbis, but what it comes to tell us is that she is not believed."
            ],
            [
                "קדשתי את בתך וכו' – Since the [Mishnah] taught above these clauses above [in the previous Mishnah], it (i.e., the Mishnah) also teaches this, and even though it is a Mishnah that is not necessary, and in all of these [sections] when she says: “You have betrothed me,” we request from him that he give [her] a Jewish bill of divorce in order that it will permit her [to marry others]. And if he gave a Jewish bill of divorce on his own accord, we force him to give [her] the Ketubah [settlement]."
            ],
            [
                "כל מקום שיש קדושין ואין עבירה – that the betrothal takes effect, and there is no sin [associated] with her marriage. And this principle is not exact, for a male convert who marries an illegitimately born female, the betrothal is valid but there is no sin [associated] with it, for a community/congregation of converts is not called a community. And even though any child-born goes after the [status] of the male, [in this case] the child is illegitimate (i.e., a Mamzer), both whether a convert married an illegitimately born female or whether a Mamzer married a woman convert.",
                "וכל מי שאין לה עליו קדושין וכו' הולד ממזר – In [Tractate] Yevamot (49a) we derive it from Scripture, as it is written (Deuteronomy 23:1): “No man shall marry his father’s former wife, [so as to remove his father’s garment],” and near it (verse 3), [it states]: “No one misbegotten [shall be admitted into the congregation of the LORD; none of his descendants, even in the tenth generation, shall be admitted into the congregation of the LORD].” And we maintain her as a widow whose husband died childless waiting for her brother-in-law to act (i.e., either to marry her or to absolve her of the obligation through the Halitzah/refusal ceremony) of his father, as she is the wife of the brother of his father and she is liable to Divine extirpation through him.",
                "על אחת מכל העריות – of those liable for Divine extirpation.",
                "ולד שפחה ונכרית – as it is written [regarding] a female maidservant (Exodus 21:4): “the wife and her children shall belong to the master…” and [regarding] a heathen woman, it is written (Deuteronomy 7:4): “For they will turn your children away from Me [to worship other gods]…,” and because it is not written, “and she will turn [your children] away [from Me], we learn from it that this is how it should be understood: “do not give your daughters to their sons [or take their daughters for your sons]” (Deuteronomy 7:3), for the husband of your daughter will turn away your son that your daughter will give birth to through him from Me, but, it does not repeat “his daughter you shall not take for your son,” for the child (literally “male,”) that comes from the heathen is not called “your son,” but rather, “her son.”"
            ],
            [
                "ממזר שנשא שפחה – and even ab initio, a Mamzer can marry a maid-servant in order to purify his children. And the Halakah is according to Rabbi Tarfon. But Rabbi Tarfon admits that a slave who married a Mamzeret, the child is a Mamzer, for the slave has no pedigree"
            ]
        ],
        [
            [
                "עשרה יוחסין עלו מבבל – that Ezra set aside all of the ineligibles who were in Babylonia and they were brought up with him, in order that she shouldn’t be mixed with traced genealogies, because there was no Jewish court there.",
                "חללי – Kohanim who were born from those who had been ineligible for the priesthood, such as a widow [married to] to a High Priest or a divorcee, the female issue of a Kohen’s illegitimate connection (or a Kohen’s wife illegitimately married to him), and/or a harlot to a common Kohen.",
                "חרורי – freed slaves.",
                "נתיני – Gibeonites who were circumcised in the days of Joshua, and were prohibited from marrying into the community [but would serve as water drawers and hewers of wood].",
                "שתוקי ואסופי – we will explain them further on (Mishnah 2).",
                "גיורי וחרורי ממזרין כו' כולם מותרים לבא זה בזה – for a community of converts is not considered a community, and Mamzerim are not warned about that they should not enter the community of converts, but Levites, and Israelites cannot [marry] with a Mamzer. And the illegitimate child of unknown fatherhood and the foundling, whose father and mother are unknown, are doubtful Mamzerim (i.e., illegitimate) and are permitted to be mixed with certain Mamzerim, for we say that into a clear congregation he may not enter, but into a doubtful congregation he may enter."
            ],
            [
                "שתוקי. כל שהוא מכיר את אמו – that he calls, “Daddy,” but his mother silences him.",
                "בדוקי – that they examine the mother. If she said that she was impregnated by an appropriate individual, the child is appropriate. And the Halakha is according to Abba Shaul."
            ],
            [
                "כל האסורים לבא בקהל – even though we have taught in the beginning (Mishnah 1), that illegitimate children and Gibeonites who were circumcised at the time of Joshua are permitted to marry each other, it comes to tell us, for example, that an Ammonite or Moabite convert may marry an illegitimate child, an illegitimate child of unknown fatherhood and a foundling whose mother and father are unknown.",
                "ר\"י אוסר – It explains in the Gemara (Kiddushin 74a-b) that this is how it should understood. Rabbi Yehuda who prohibits a convert [marrying] an illegitimately-born woman, that these words refer to a convert of all the other heathens who is permitted to enter the congregation [of Israel], he is the one who is prohibited to marry an illegitimately-born woman, according to Rabbi Yehuda who holds that a congregation of converts is a congregation. But an Ammonite or Moabite convert who is prohibited from entering the congregation [of the LORD], Rabbi Yehuda would admit that he is permitted to [marry] an illegitimately-born woman.",
                "ודאן בודאן מותר – such as an illegitimately-born child with a Gibeonite.",
                "ודאן בספיקן – An illegitimately born child and a Gibeonite with an illegitimate child of unknown fatherhood and a foundling whose mother and father are unknown.",
                "ספיקן בספיקן – an illegitimate male child of unknown fatherhood with an illegitimate female child of unknown fatherhood and a male foundling whose mother and father are unknown with a female foundling whose mother and father are unknown and [the case of] a male foundling whose mother and father are unknown with an illegitimate female child of unknown fatherhood. Even though each of these contains a doubt, it is prohibited, lest one was really “kosher/fit” and the other was unfit. And the Halakha is according to Rabbi Eliezer.",
                "וכותי – this is its doubt, since they are not expert in the laws of Jewish divorce and betrothal. And nowadays, they (i.e., the Rabbis) made them to be like complete heathens for all their matters."
            ],
            [
                "ארבע אמהות – two from the side of the father and two from the side of the mother.",
                "שהם שמונה – four from [the side of] the father and four from [the side of] the mother. And what are they? Her mother, her mother’s mother, the mother of her father’s mother, the mother of the mother of her father’s mother, the mother of her father, the mother of her father’s mother, the mother of her father’s father, the mother of the mother of her father’s father. We examine them so that there was not among one of them a disqualification/blemish.",
                "ואם היתה לויה וישראלית – And a Kohen comes to marry her.",
                "מוסיפין עליהן עוד אחת – one mother for each and every pair, such as her mother, and her mother’s mother, and the mother of her mother’s mother, and similarly for all of them, and that we examine the mothers, but we don’t examine the fathers, lest there is a disqualification in her father or in her father’s father, because it is the manner of people, when they put each other to shame through a dispute, they put each other to shame through traced genealogy for if there was any disqualification from the side of the fathers, it was known. But the women do not put each other to shame with disqualification of genealogy but rather through unchastity, and if there is within them a matter of disqualification of genealogy, it has no voice. And this obligatory examination is not mentioned, other than with a family that raises a protest against her legitimacy, but a family that does not have an suspicion about he, does not require an examination, for all families stand under a presumption of fitness, and the man alone must check when he comes to marry a woman from a family where there is a doubt, but the daughter of Kohen who comes to marry does not have to check upon the man [and his family], for there is no specific law prohibiting women of legitimate birth to marry men of illegitimate birth (see Talmud Yevamot 84b), and the daughter of a Kohen is permitted, ab initio, to marry a convert and a man unfit for the priesthood because of his father’s illegitimate connection, and the same law, all the more so, applies for the daughter of a Levite and an Israelite woman."
            ],
            [
                "אין בודקין מן המזבח ולמעלה – He began to examine the mothers, and found that her father’s father served at the Altar, there is no need to examine after the mother of her father’s father, since her son served at the Altar, it is known that he is of legitimate descent.",
                "ולא מן הדוכן ולמעלה – if he found that he as a singer on the platform.",
                "ולא מן הסנהדרין ולמעלה – and especially from the Sanhedrin/Jewish court that was in Jerusalem, and even from those who adjudicated only monetary cases, for they would not place anyone from the Sanhedrin other than a Kohen, Levite or Israelite of legitimate descent, as it is states (Numbers 11:16): “And let them take their place there with you,” those that are similar to you in descent and in wisdom.",
                "וגבאי צדקה – since they would quarrel with these people, they would seize the Tzedakah, and even on Fridays, if they had with them a matter, it would have a voice.",
                "בערכי ישנה של צפורי – In the Sanhedrins of the city whose name is Yeshanah, which is near to Sepphoris.",
                "ערכי – Sanhedrins where they would arrange and establish the genealogies.",
                "אסטרטיא של מלך – in the monthly division of each month to go out to the wars of the House of David, a particular family in a certain month. And they would not go out to war other than those with legitimate descent , so that their merit and the merit of their ancestors would help them."
            ],
            [
                "בת חלל זכר פסולה מן הכהונה לעולם – the daughter of his son or the daughter of his son’s son, until the end of all the generations, but the daughter of his daughter from an Israelite [father] is fit for [marriage into] the priesthood.",
                "בת גר זכר – even from an Israelites woman, is ineligible for [marriage into] the priesthood, just like the daughter of one unfit for the priesthood on account of his father’s illegitimate connection."
            ],
            [
                "ור\"א בן יעקב אומר וכו' – We bring to a conclusion in the Gemara (Kiddushin 78b) that he (i.e., a Kohen) who comes to take counsel, we give him a ruling in accordance with Rabbi Eliezer ben Yaakov, that a Kohen should not marry the daughter of a male and female convert, but if he marry [the daughter of converts], the Halakha is according to Rabbi Yosi, and we do not compel him to divorce her (literally: “we do not withdraw her from his hand), and his seed from her is fit [for the priesthood]."
            ],
            [
                "האומר בני זה ממזר הוא אינו נאמן – for he is a relative in relation to him, and a relative is not fit to testify.",
                "ואפילו שמיהם – the husband and his wife, and it is not necessary that the father alone testifies that he is an illegitimate child, for he is not believed, who is not certain [of the child’s paternity], but even the mother who is certain [of the child’s paternity], she is [also] not believed (see Kiddushin 78b).",
                "אפילו על עובר שבמעיה – who does not enjoy the presumption of fitness.",
                "ר' יהודה אומר נאמנים – The reason of Rabbi Yehuda is that it is written (Deuteronomy 21:17): “[Instead, he must accept [the first-born, the son of the unloved one, and allot to him a double portion of all that he possesses….” – he will be accepted/recognized to others. From here [we learn that] the father is believed to disqualify his son, but the mother is not believed to disqualify her son. And especially regarding his son he believed, but not on the son of his son, for if this son had children, he would not not believed to disqualify them. And the Halakha is according to Rabbi Yehuda."
            ],
            [
                "וכן האשה שנתנה רשות לשלוחה – it was necessary for the Tanna [of our Mishnah] to inform us that the father that made [someone] his agent to betroth his daughter and a woman that made [someone] her agent to betroth herself, for had [the Mishnah] only mentioned [the case of] the father, I would think that the father that has established his traced genealogy, and when he found that he is of legitimate descent, he betrothed her to himself. And the case where say that he annulled his agent, but a woman who does not establish a traced genealogy, even though she betrothed herself, we don’t rely upon her betrothal, nor did she annul the agent, for she thought that perhaps, the agent would find a person of greater connection than this. And if we only mention about the woman, I would think that because the woman carefully investigates and marries, when she betroths herself, she voids the agent. But the man, who is not strict about his daughter, if she marries any husband, he has not voided the agency of the agent, and he who came first and betrothed her, though that perhaps he is not found. It is necessary. (See Tractate Kiddushin 79a)"
            ],
            [
                "אינו צריך להביא ראיה לא על האשה – for she is of distinguished birth/well-connected , for she was examined when she got married.",
                "ולא על הבנים – the small children who are clinging to/running after their mother."
            ],
            [],
            [
                "לא יתיחד איש אחד עם שתי נשים – because they are light-headed and they both enjoy being enticed.",
                "אבל אשה אחת מתיחדת עם שני אנשים – for one is embarrassed from his fellow. And the Halakhic decision is that a woman should not be alone with two men, and all the more so, one man with two women, other than if there were two women who were rivals or sisters-in-law (i.e. widows of a brother who died without issue), or a woman and the daughter of her husband, or a woman and her mother-in-law, or a woman with a baby girl that knows the flavor of sexual intercourse and does not deliver herself to sexual intercourse, since these [pairs[ hate each other and are fearful one of the other, and similarly, she is afraid of the minor lest she see her and tell. And we whip on the private meeting of a free woman with a man, and on the private meeting with those [forbidden] because of incest , other than a married woman who is not whipped , in order that we would not cast suspicion on the legitimacy of her children (see Talmud Kiddushin 81a), but it is permitted to be alone with an animal and with a male, for Israelites were not suspected on pederasty and on relations with animals.",
                "הגדילו זו ישנה בבסותה וכו' – and this is case where the daughter was from twelve years of age and the boy from thirteen years of age and one day. And at the time where she is embarrassed to stand before him unclothed, even younger than this, they sleep he with his clothes [on] and she with her clothes [on]."
            ],
            [
                "רווק – free, without a wife.",
                "לא ילמד סופרים – he should not accustom himself to be one of the Scribes, that is to teach young children, because the mothers of these young children are found near him to bring their children to the school.",
                "אף מי שאין לו אשה – even though he is not free, but rather, he has a wife who does not dwell with him, he should not teach young children. But the Halakha is not according to Rabbi Eliezer."
            ],
            [
                "וחכמים מתירין – And the Halakha is according to the Sages, for Israelites were not suspected of pederasty.",
                "כל שאומנותו בין הנשים – for the work of his craft is done for woman, and the women need him.",
                "לא יתיחד עם הנשים – and even with many women, because they become intimate with him, and are partial with him. But if there was another man with the two women, the Mishnah would teach that he shouldn’t, [but] three or four are even better. But Maimonides interprets that we don’t permit it, even because of the needs of his life to be intimate with woman, since his livelihood is from them.",
                "חמר גמל וספן – all these are the trades of robbery, when they sleep on the roads, they go in and collect wood and fruit from the vineyards, and furthermore, they have the advantage over other people and violate their conditions.",
                "רועה – [his cattle] for he removes the cattle to graze in the field of others.",
                "חנוני – is trained/experienced in fraud, to urinate water in wine and place pebbles in wheat, for a person is obligated to teach his son a clean craft."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org/"
        ]
    ],
    "heTitle": "ברטנורא על משנה קידושין",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Nashim"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}