Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 99:19

<big><strong>מתני׳</strong></big> המקדש שתי נשים בשוה פרוטה או אשה אחת בפחות משוה פרוטה אף על פי ששלח סבלונות לאחר מכאן

But in respect to divorce, seeing that he comes to drive her away, I might argue that he does not care.<span class="x" onmousemove="('comment',' And when he says. 'Divorce her in such and such a place,' he merely indicates where she is to be found.');"><sup>21</sup></span> And if we were informed this of divorce, [I might argue] in this place he is willing to be disgraced, but not in the other; [whereas] in respect to betrothal, I might argue that he does not care. Thus [both are] necessary. <big><b>MISHNAH: </b></big>IF HE BETROTHS A WOMAN ON CONDITION THAT SHE HAS NO VOWS UPON HER, AND IT IS FOUND THAT SHE HAS, SHE IS NOT BETROTHED, IF HE MARRIES HER<span class="x" onmousemove="('comment',' This refers to nissu'in. q.v. Glos.');"><sup>22</sup></span> UNCONDITIONALLY, AND IT WAS FOUND SHE HAD VOWS UPON HER, SHE IS DIVORCED<span class="x" onmousemove="('comment',' Lit., 'goes forth'.');"><sup>23</sup></span> WITHOUT HER KETHUBAH.<span class="x" onmousemove="('comment',' V. Glos.');"><sup>24</sup></span> [IF HE BETROTHS HER] ON CONDITION THAT SHE HAS NO BLEMISHES, AND BLEMISHES ARE FOUND IN HER, SHE IS NOT BETROTHED. IF HE MARRIES HER UNCONDITIONALLY AND BLEMISHES ARE FOUND IN HER, SHE IS DIVORCED WITHOUT HER KETHUBAH. ALL BLEMISHES WHICH INCAPACITATE PRIESTS [TO SERVE AT THE ALTAR] RENDER WOMEN UNFIT.<span class="x" onmousemove="('comment',' And they can be divorced without their kethubah.');"><sup>25</sup></span> <big><b>GEMARA: </b></big>And we learned this likewise [in the tractate] on Kethuboth.<span class="x" onmousemove="('comment',' The Tractate dealing with women's settlements.');"><sup>26</sup></span> Here he [the Tanna] desires [to give the ruling on] betrothal, and settlements are taught incidentally to betrothal. There settlements are necessary [to be dealt with], and betrothal is taught incidentally to settlements. <big><b>MISHNAH: </b></big>IF HE BETROTHS TWO WOMEN WITH THE VALUE OF A PERUTAH, OR ONE WOMAN WITH LESS THAN A PERUTAH'S WORTH, EVEN IF HE SUBSEQUENTLY SENDS GIFTS,<span class="x" onmousemove="('comment',' Heb. siblonoth, cf. Gr. ** 'dona sponsalitia', the gifts which one usually sent his betrothed.');"><sup>27</sup></span>

Daf Shevui to Kiddushin

In both of these cases the first act does not cause the woman, or women to be betrothed because there was not a perutah’s worth given to each woman. When the man later sends gifts which are worth more than a perutah, we might have thought that these gifts can now act as the betrothal money. After all, he clearly intended to betroth her and she clearly agreed. However, the mishnah rules that since these gifts were not sent with the intent of effecting betrothal, they do not act as such. We also do not assume that the man realized that his first act of betrothal was invalid and that he is now sending betrothal money.
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