Quotation for Temurah 22:38
קרבן אמר רחמנא והאי נמי קרבן הוא
and must be read thus: The teaching of R'Jose is acceptable to R'Judah regarding a part [of the animal the removal of which] results in death, for even R'Judah does not differ with R'Jose save in regard to the dedication of a part [of the animal the removal of which] does not result in death, but in regard to the [dedication of] a part [the removal of which] results in death, he agrees with him.<span class="x" onmousemove="('comment',' R. Jose, that the dedication of one vital limb makes the entire animal holy.');"><sup>26</sup></span>
Tosafot on Kiddushin
"Let the kiddushin spread through all of her! Is it not taught etc." Problem: Terumah 11b derives [the law in the case of] "This [animal's] leg is an olah" and "with regard to a vital organ" from a verse, as it is written, "Anything that he gives from it to God", but regarding a wife there are no verses written [to derive this information]. If this is so, how [can Mar Zutra] challenge "Aren't they not similar!?" Solution: It is because of this that Rashi was particular and explained that this "mekudeshet" that [the man] said to [his prospective wife] is the terminology of "sanctified property (hekdesh)" [and did not mean "betrothed"], and this is like at the beginning of this chapter [of Kiddushin] that [kiddushin is like hekdesh through analogy] "he forbade her to everyone else like hekdesh", that a man can make her like hekdesh. Therefore, it is possible that the ruling of this case could be like hekdesh [since this is what the man in the case actually said]. However, if he had said "engaged" or any of the other earlier formulae [for betrothing a woman, see Kiddushin 6a], then it would not have been possible [for Mar Zutra] to raise the challenge "Let the kiddushin spread through all of her".
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Tosafot on Kiddushin
"Let the kiddushin spread through all of her! Is it not taught etc." Problem: Terumah 11b derives [the law in the case of] "This [animal's] leg is an olah" and "with regard to a vital organ" from a verse, as it is written, "Anything that he gives from it to God", but regarding a wife there are no verses written [to derive this information]. If this is so, how [can Mar Zutra] challenge "Aren't they not similar!?" Solution: It is because of this that Rashi was particular and explained that this "mekudeshet" that [the man] said to [his prospective wife] is the terminology of "sanctified property (hekdesh)" [and did not mean "betrothed"], and this is like at the beginning of this chapter [of Kiddushin] that [kiddushin is like hekdesh through analogy] "he forbade her to everyone else like hekdesh", that a man can make her like hekdesh. Therefore, it is possible that the ruling of this case could be like hekdesh [since this is what the man in the case actually said]. However, if he had said "engaged" or any of the other earlier formulae [for betrothing a woman, see Kiddushin 6a], then it would not have been possible [for Mar Zutra] to raise the challenge "Let the kiddushin spread through all of her".
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