Commentary for Kiddushin 3:11

To her husband

"The woman (האשה) is acquired": here [the Mishnah] teaches with a ה, and so too in many places regarding איש or אשה it teaches with ה, such as: "The woman that went", "The woman whose husband went", "The woman that was widowed", "The man betroths". Problem: we also teach regarding this "A virgin married"—why did [the Mishnah] not teach "The virgin married"? Solution: Here, it relies on Scripture, i.e. that it is "The woman" selected in the verse, for we find "A woman" selected in Scripture regarding marriage, as it is written, "When a man acquires a woman". But "A virgin" does not rely on Scripture, for we don't find any place where "A virgin" is specified in Scripture regarding marriage. However, problem: Later we teach [in the Mishnah] "A Hebrew slave", "A Canaanite slave", "A Hebrew slave girl"—why does it not teach them with ה, for they are selected by the verse! Perhaps with these, slave and slave girl, the use of ה is not suitable for them, for they are not so selected, since it is required to explain which of them one is, whether Hebrew man, Canaanite man, Hebrew woman, or Canaanite woman, as as opposed to regarding the Yevamah where it teaches "The Yevamah". But one shouldn't care too much, for in every place the Tanna teaches the language that flows from his mouth. For thus we find that, in some places it teaches the law before the list—like here [because it begins with "The woman is acquired in 3 ways..." and only then lists the 3 ways]. This is also the case for "A virgin is married on Wednesday", "An etrog is equal to a tree in 3 ways", "The Torah is acquired in 48 ways"—and in other places it teaches the list first—such as "With 10 statements", They check light for 14", "7 days before Yom Kippur", "In seven ways they check the zav", "In 3 ways are women's gittin equal to slaves' emancipation agreements".

As we will explain later on, "and these three are in female form." And the Gemara will ask why it's taught in feminine form.

"Beit Shammai say: With a dinar". In Eduyot 4:7, it teaches this [debate] among the [Mishnah's list of the] leniencies of Beit Shammai [that they aren't married if he gave her less than a Dinar] and the stringencies of Beit Hillel [that if he gave her a Pruta they'd be married and he'd have to divorce her]. Problem: If she received kiddushin [money] from another man, then Beit Shammai would be stringent [since, if it were less than a dinar, she would still be betrothed to the first man]! Solution: It was not brought up for this case [but for the more general case when Beit Shammai is lenient], just like we say in Yoma, "When it was brought up was for the subject of Og King of Bashan".

Our printing: And she "acquires" herself in two ways

"With a perutah or worth a perutah". Problem: [The Mishnah] only needed to teach "worth a perutah", as we teach in Ha-Zahav "There are 5 perutot: loans with something worth a perutah, and the woman is betrothed with something worth a perutah"! Solution: Because it teaches here "with money", it explains with which kind of money—dinar for Beit Shammai and perutah for Beit Hillel, and in order that we shouldn't err to say [it requires] specifically money (i.e. coins) and not something worth money, as we derive "Acquire" "Acquire" from the field of Efron, where it is written money, it explains: "worth money" [and not specifically coins]. [Problem:] But if you say: How do we know that something "worth money" can be equivalent to "money"? since later, [the Talmud] needs a verse regarding the Hebrew slave: "'He will return'—to include something worth money as money"! [Solution:] Well, it says later that "Rav Kahana took a turban for redeeming a firstborn son"—how do we know that something worth money can be equivalent to money [for redemption, since there is no proof offered, it is just assumed by Rav Kahana]?! Problem: In the first chapter of Shevuot, [the Talmud] derives this with כלל ופרט וכלל! Solution: Regarding arakhin it is written "money", and for hekdesh also, as we teach regarding one who makes a field hekdesh that "the hekdesh can be redeemed with money or something worth money"—how do we know that that something worth money can be equivalent to money [since there is no derivation here, for arakhin and hekdesh, either]?! Problem: For hedkesh, it is also possible that we explain through כלל ופרט וכלל, for hekdesh can't be redeemed with land, as we say in Ha-Zahav: "For they say hekdesh cannot be made unsanctified through land, for God says 'He will give the money and it will stand for him'", and later we also say that hekdesh and second tithe can't be redeemed with contracts (the only way you would come to these conclusions was if you were following כלל ופרט וכלל)! Problem: So how do we know that something worth money can be equivalent for kiddushin and arakhin [since all other categories here have specific ways in which this is derived]?! Solution: We derive it from the Hebrew slave. Problem: If you say: But regarding damages Scripture also wrote "He will return money to its master", and we explain this in the first chapter of Bava Kama, "'He will return'—to include something worth money as equivalent to money", and then, if so, Hebrew slave and damages would be 2 verses that teach the same thing and we do not learn from this [since the assumption is that the Torah would not repeat itself, so if it looks like 2 verses are teaching exactly the same thing, you must be wrong]! Solution: They are both needed. For, if it wrote [the verse about the Hebrew] slave only, I would not have been able to derive [that שווה כסף = כסף regarding] damages from it, for we find that the Torah cares about this topic [damages] more, and I might have thought that [it requires] specifically money and not something worth that much—thus, "He will return money" is needed for damages; and regarding the Hebrew slave the verse is also needed, for I would not have been able to derive it from damages, for I would have thought that a slave is similar to damages and if he could be purchased with land, so much the better [which we know he can't]—thus both are needed. Alternative solution: If it wrote about the slave. I would have thought it the law would be lenient on him such that he would be able to redeem himself even with something worth money, in order that he should not be mixed up among the Gentiles [since he is or could be sold to them], but regarding damages, for which it is not possible to say this, I would not have said this [and required literal coins]; and if it wrote about damages alone, I would not have been able to derive the slave from it, and I would have thought that something worth money is not equivalent to money for a slave, for he also in some way caused himself to be sold, because of his conducting business with Shemittah produce [which is forbidden to do] and according to R. Yose bR. Hanina later, and so I would have thought that we are stringent upon him to say: specifically money, and not something worth that much. Solution [going back to redeeming firstborns and hekdesh]: A verse is needed for redeeming firstborns and hekdesh that something worth money can be equivalent to money, and we can't derive it from the Hebrew slave, because [the midrash and the כלל ופרט וכלל] comes to exclude land and contracts, for one can't redeem sons or hekdesh with those [but you can use those to buy out your slavery, thus if we had learnt directly from Eved Ivri we would have come to an incorrect conclusion about hekdesh and pidyon ha-ben].

To be within her rights to marry another

"How much is a perutah?" The reason that [the Mishnah] doesn't explain how much a dinar is is because the dinar was known how much it was, for it was 1/24th of a golden dinar, as we say in the beginning of Ha-Zahav. But for a perutah, there is a disagreement later—sometimes it is worth less, sometimes more. Additionally: Since our halakhah is established according to Beit Hillel, it wanted to explain [their position] more.

The Braisa explains in the Gemara (5b), [acquisition with money:] give her money or money-equivalent and say to her, "behold you are betrothed to me." Document: write it for her on paper, even though the paper is not worth a prutah, [say,] "behold you are betrothed to me." Through intercourse: come upon her and say "betroth me with this intercourse." All of this is learned from the [written] Torah.

"1/8th of an issar". This is when the issars are normal, but when the issars are worth less, it is 1/6th, as we say in the Gemara (later).

Beit Shammai's reasoning is explained in the Gemara (11a)

"Italian (איטלקי)". Rabbenu Tam explained: This is the name Italy (of Greece), and one shouldn't be surprised about the ק just as we find "Shushan" spelled as שושנכיא (in Ezra 4:9).

of copper

of silver and its value is eight prutas.

To the deceased husband's widow [yavam]

"The Yevamah is acquired..." Problem: [The Mishnah] did not teach this in the same form as the list above—let it teach "She is acquired in 1 way and acquires herself in 2 ways"! And let it be like the earlier list [which comes] to exclude as we say in the Gemara: let this list also come to exclude; the beginning is to exclude money and contract, as [the Talmud] explains later, "Sex completes [the acquisition], but money and contract do not complete", and the list at the end to exclude also that we can't derive through ק״ו from the woman, as we say in the Gemara that we explain: "His shoe—yes; anything else—no"! Solution: For one item, one does not repeat the list form. [Problem:] But even though regarding etrog we teach "It is equal to a tree in 3 ways and to a vegetable in 1 way", [solution:] there it comes to explain the things in which it differs [as opposed to here, which are just independent lists]. [Solution on a new topic:] Since [the Mishnah] did not teach the list form for the yevamah, it was not worried to repeat the list form for Hebrew or Canaanite slave. Alternatively: because it is not needed to teach about them in list form to exclude anything [since there is nothing to exclude].

To be his wife for all matters, for if he came to divorce her afterward, she does not need from him halitza rather a bill of divorce [get]. But money or a document do not have the effect of betrothing her from the Torah, rather from the Sages as they instituted an order, as they say in Yevamot. But (money or a document) do not finalize the betrothal to allow him to inherit from her or become impure for her and do not exempt from halitza, rather they make her forbidden to the other brothers.

1 . And what's the difference there--In the second chapter (41a) where it says "the man betroths himself or with his agent," let it say here: the woman becomes betrothed

"What's different here that we teach 'The woman is acquired'". [Problem:] [The Talmud] should have answered this [objection about why the Mishnah is in passive and not active form] because [the Mishnah] needed to teach at the end "And she acquires herself" [in the active voice], for there it is not fitting for the language of kiddushin but in a case like this it is taught nearby! [In other words, the Mishnah might have used "is acquired" above because it needed to say "acquires" later]. Solution: Rabbenu Manoah says that it could have taught "And she is released in 2 ways", for regarding kiddushin, the language of "release" is fitting. [This is why the Gemara did not use this as an answer to this objection].

2. Because it needs to teach money--that with [money] we aquire, and we said previous (4b) "from where do we know that we can acquire with money," and we explain that we learn "take" "take" from the Field of Efron that we consider it an acquisition. Therefore we learn here that [money] can acquire.

"Because it needed to teach 'money'". And here it is not fitting to object "But he taught two as one!" as [the Talmud] objects later [regarding sex], for the terminology of "acquisition" is fitting also for contract and sex. And one should not be surprised about the terminology of "acquisition", rather because later it taught with the terminology of kiddushin and here it taught with the terminology of acquisition. Alternatively: With a contract we also find the terminology of acquisition, as it is written, "I took the book of acquisition" (Jeremiah 32:11).

A man can betroth his wife in any one of three ways. The first is by giving her a small amount of money and saying to her “Behold you are betrothed to me with this money.” Bet Shammai and Bet Hillel debate how much money is needed to effect betrothal. What is crucial is that both a denar and a perutah are small amounts of money; a perutah is almost valueless. These are not representative of a woman’s true value, which is clearly much greater. Rather they are symbolic, especially in Bet Hillel’s opinion. To this day, nearly all betrothals are effected through money. Since the Middle Ages and perhaps earlier, Jews have used rings to effect betrothal. This custom was originally a Christian custom. In the Talmud rings are never used.
The second way is for the husband to write her a document in which it is stated, “Behold you are betrothed to me.” This document is not to be confused with a ketubah, although some scholars posit that they are both derived from common origins and that originally they were written together.
The thirds means of betrothal is sexual relations. This act must be done with the intent of betrothal. No one holds that casual intercourse can effect betrothal. The thornier problem is whether or not sexual relations between a couple “living together” can effect betrothal. Most modern halakhists rule that it does not, although there are some who hold that couples who live together with the intent to form a familial type of unit do require a get in order to separate.

A woman becomes halakhically separated from her husband either by divorce or by death. Without one of the two, any relations that she has with another man will be considered adultery.

The dead husband’s brother-in-law “acquires” his brother’s widow through sexual intercourse. The yevamah is not acquired by money, as a woman would be in cases of normal betrothal.
The yevamah is free to marry another man if she performs halitzah with the yavam. Alternatively, if the yavam dies (in a situation where there is only one yavam) she also may marry anyone she so chooses. Note that once she is married she is considered a normal wife, and she “acquires” herself through the death of her husband or through divorce.

The Talmud asks why our mishnah uses the language of “acquisition” whereas other mishnayot use the language of “betrothal (mekadesh)” In other words, why not teach here “a woman is betrothed?”

The word “acquisition” is used because the law that betrothal can be effected with money is derived from the use of the word “taking” in two contexts—betrothal and the transfer of money when Abraham buys the field from Ephron. Since buying something is called an “acquisition” (two prooftexts are cited), taking a woman in betrothal is called, at least by this mishnah, “acquisition.”

The word “acquisition” is used because the law that betrothal can be effected with money is derived from the use of the word “taking” in two contexts—betrothal and the transfer of money when Abraham buys the field from Ephron. Since buying something is called an “acquisition” (two prooftexts are cited), taking a woman in betrothal is called, at least by this mishnah, “acquisition.”

The word “acquisition” is used because the law that betrothal can be effected with money is derived from the use of the word “taking” in two contexts—betrothal and the transfer of money when Abraham buys the field from Ephron. Since buying something is called an “acquisition” (two prooftexts are cited), taking a woman in betrothal is called, at least by this mishnah, “acquisition.”

"And where does [the use of] money [in betrothal] come from? We learn 'take' 'take' (קיחה) from the field of Efron." [Problem:] But if you say: What do I need all this for!? [the Talmud] only needed to say "Money is called acquisition (קניין), as it is written, 'I gave money of the field, take from me' and it is written 'The field that Avraham acquired'; or: 'Fields are acquired with money'"! Solution: It is because this wouldn't have been enough for, even granted that money for a field is called acquisition, money of a wife is not called acquisition. Therefore it needed to bring evidence of that money, for we learn from it that [money for] a wife is called acquisition.

"It's written there 'I gave money of the field, take from me'". [The Talmud] is only concerned about finding the terminology of "take" (קיחה), since it is not similar because the "take" here is about the money of a field, while "take" for a wife is not about money but rather about the wife herself. [Problem:] But if you say: Let it teach "The wife is purchased (נקחת)", for this is more the terminology of Scripture as it is written "When he purchases", and we teach also in Eruvin "Anything can be purchased with tithe money", and it is also fitting to use the terminology of קיחה for sex, as it is written "A man that purchases his sister" (Vayikra 20:17)!? Solution: It would not have been fitting to teach at the end "and she purchases/takes herself in 2 ways".