Talmud Bavli
Talmud Bavli

Responsa 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>

Teshuvot Maharam

Q. Without any previous courting A gave money or presents to Leah saying they were tokens of love. The witnesses testify that A did not speak to Leah about marriage while he gave her the money, and that she did not express her consent.
A. If there are witnesses that A proposed to Leah on a previous occasion and that she accepted his proposal, she is betrothed to A, even though A did not expressly say he was betrothing her. When there are no such witnesses, but both, A and Leah, admit that they had a previous understanding between them, or that at the time A gave the money to Leah they both intended the money to bind them in betrothal, Leah is betrothed to A. Moreover, the mere statement of A to Leah that he gave her the money as a token of love may constitute a betrothal, and therefore, Leah needs a divorce from A before she can marry another.
SOURCES: Cr. 19; Pr. 519–520; Mord. Kid. 521; Tesh. Maim. to Ishut, 4.
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