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Week 89 - Thursday - 9 August 2001

KIDDUSHIN: CHAPTER 2: MISHNAH 6

One who betroths two women with the value of a perutah, or one woman with less than the value of a perutah, even if he sent sivlonot afterwards, she is not betrothed, since he sent them because of the first kiddushin. And similarly, if a minor betrothed.

Kehati

One who betroths two women with the value of a perutah - with the result that he betrothed each one with less than the value of a perutah, or - if a man betroths - one woman with less than the value of a perutah - and the law is that kiddushin cannot be effected with less than the value of a perutah, as was explained at the beginning of the tractate (1:1), even if he sent sivlonot afterwards - sivlonot are gifts which a bridegroom sends to his bride (arusah), she is not betrothed - we do not say that he knew that the kiddushin which he effected with less than the value of a perutah was not valid, and he therefore sent sivlonot afterwards to effect a valid kiddushin, but rather that the sivlonot are ineffective - since he sent them because of the first kiddushin - he was unaware of his mistake, and thought that the first kiddushin was valid and she was his arusah, and therefore he sent sivlonot as a present.

And similarly, if a minor whose kiddushin is not effective, even by Rabbinic law, betrothed a woman and sent sivlonot afterwards when he gained adult status, she is not betrothed. We do not say that he knew that his first kiddushin had no validity, and therefore sent sivlonot to effect valid kiddushin, but rather that he erred, and thought that the first kiddushin which he performed while still a minor was valid and that the sivlonot which he sent were intended as a gift. Therefore the sivlonot do not effect even "safek kiddushin" (possible kiddushin) and she is not betrothed.

KIDDUSHIN: CHAPTER 2: MISHNAH 7

One who betroths a woman and her daughter, or a woman and her sister, together, they are not betrothed. And there was an incident with five women, among whom were two sisters, and one man gathered a basket of figs, and it was theirs, and it was of the Sabbatical year, and he said: "Behold, you all are betrothed to me with this basket," and one of them accepted for all of them, and the Sages said, The sisters are not betrothed.

Kehati

If a man betroths a woman who is forbidden to him because of incest, and with whom sexual relations are punishable by karet (see Lev. 18.29), his wife's sister or daughter, for example, the kiddushin is not valid, as it is written, "And you shall not take (tikah) a woman to her sister" (Lev. 18:18), from which the sages learned, - you shall not have acquisition (kihah) in her - i.e., kiddushin cannot be effected where sexual relations are punishable by karet (Gemara, Kidd. 50b, 67b).

Our mishnah teaches that if a man betroths several women at the same time by saying to them, "All of you are betrothed to me with this object," and there is at least one perutah's worth of value for each woman in the object, all of them are betrothed. If, however, a man betroths at the same time two sisters, or a woman and her daughter, or any of the other women forbidden to him with whom relations are punishable by karet, the kiddushin is not valid, since any acts or act which are not permitted in succession, may not be performed simultaneously. I.e., since if he betroths one of the women, the kiddushin performed afterwards with the other would be invalid, because she becomes forbidden to him and relations with her are now punishable by karet, and kiddushin to a woman with whom relations are punishable by karet is invalid, as was previously mentioned if he betroths both of them at the same time, the kiddushin is also not valid (Gemara).

One who betroths a woman and her daughter, or a woman and her sister, together - and says to them: "Behold, you are both betrothed to me with these two perutot," they are not betrothed - their kiddushin is invalid, as was explained above, and they are still free to marry anyone, including him. (Hameiri). The Gemara explains that if a man said to two sisters (or to a woman and her daughter): "One of you is betrothed to me," and he did not specify which one, both of them are forbidden to him because of the doubt as to which one is betrothed and which one is forbidden to him. Although such kiddushin cannot be consummated, both are betrothed because of doubt, and both require divorce; since if he had specified which one he was betrothing, the kiddushin would have been valid, now that he did not specify, both are betrothed because of doubt, for the halakhah validates a marriage that cannot be consummated.

There was an incident with five women, among whom were two sisters, and one man gathered a basket of figs, and it - the basket with the figs, was theirs, and it was of the Sabbatical year - but it was the Sabbatical year, the produce of which is ownerless, and by picking it the man effected possession for himself and he said - to them: "Behold, you all are betrothed to me with this basket" - of figs which contained the value of a perutah for each one of them, and one of them accepted for all of them - one of them accepted the basket on behalf of all five of the women, and the Sages said, The sisters are not betrothed - but the three others, who are not related, are betrothed. The Gemara explains that this refers to a case in which he said to them: "May whoever among you who can consummate a marriage with me be betrothed to me." Accordingly, only the sisters are not betrothed, but the others are betrothed. But if he said to them: "Behold, you are all betrothed to me," even the others are not betrothed, since he included them together with the sisters (Gemara, Kidd. 51b; see Rambam, Hil. Ishut 9:2).

According to another view the Gemara's interpretation of the mishnah is based on the opinion of an Amora which is not accepted as law, and the mishnah should be interpreted literally and even if he said to them, "Behold, you all are betrothed to me," the sisters are not betrothed, but the others are betrothed (Hameiri; see Rabbeinu Asher, Rabbeinu Nissim, and Maggid Mishneh).

From what was taught in the mishnah "and it was theirs, and it was from the Sabbatical year... and one of them accepted for all of them" the Gemara learns three principles: 1) if a person betroths with produce of the Sabbatical year, the kiddushin is valid, since the produce becomes his property in every respect; 2) if a person betroths with stolen property, even if it was stolen from the woman herself, she is not betrothed, and we do not say that by accepting kiddushin she pardons him; 3) a woman may act as an agent for another woman and accept kiddushin for her, even when they both become the same man's wives (Kidd. 52a).

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