Commentary for Kiddushin 104:9
ובהקדש במזיד קידש ובשוגג לא קידש דברי ר' מאיר רבי יהודה אומר בשוגג קידש במזיד לא קידש
hence she is not betrothed. <big><b>MISHNAH: </b></big>IF ONE [A PRIEST] BETROTHS [A WOMAN] WITH HIS PORTION,<span class="x" onmousemove="('comment',' Of the sacrifices.');"><sup>17</sup></span> WHETHER [IT IS OF] THE HIGHER OR OF THE LOWER SANCTITY,<span class="x" onmousemove="('comment',' Sacrifices were of two degrees of sanctity: the higher (holy of holies) , e.g., the sin-offering, and the lower (less holy) , e.g., the peace-offering. The former were eaten by priests only; the latter, partly by priests and partly by their Israelite owners.');"><sup>18</sup></span>
Daf Shevui to Kiddushin
Sanctified property can become non-sanctified property if it is redeemed. However, if it is not redeemed then it remains sanctified and cannot be used for betrothal. According to Rabbi Meir, if the man intentionally uses sanctified property as his betrothal money, he is in essence redeeming it. The betrothal is valid and the man will owe to the Temple the value of that which he gave to the woman. However, if he does so unwittingly, then the sanctified property is not redeemed and therefore the betrothal is invalid.
Rabbi Judah disagrees on both counts. He holds that one who intentionally uses the sanctified property for betrothal does not thereby redeem it, therefore the betrothal is invalid. However, if he unwittingly uses the sanctified property this is considered “me’ilah”—improper use of sacred property. In such cases the object which was misappropriated loses its sacred status and the person who misappropriated the property owes the Temple the value of the object plus one-fifth and must bring a guilt offering. The key for our purposes is that the object is no longer sacred, and therefore the betrothal is valid.
Rabbi Judah disagrees on both counts. He holds that one who intentionally uses the sanctified property for betrothal does not thereby redeem it, therefore the betrothal is invalid. However, if he unwittingly uses the sanctified property this is considered “me’ilah”—improper use of sacred property. In such cases the object which was misappropriated loses its sacred status and the person who misappropriated the property owes the Temple the value of the object plus one-fifth and must bring a guilt offering. The key for our purposes is that the object is no longer sacred, and therefore the betrothal is valid.
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