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Week 89 - Tuesday - 7 August 2001

KIDDUSHIN: CHAPTER 2: MISHNAH 2

"Be betrothed to me with this cup of wine," and it was found to be of honey, "of honey," and it was found to be of wine; "with this dinar of silver," and it was found to be of gold; "of gold," and it was found to be of silver; "on the condition that I am rich," and he was found to be poor; "poor," and he was found to be rich - she is not betrothed. Rabbi Shimon says, If he deceived her for her benefit, she is betrothed.

Kehati

Our mishnah discusses the laws of a man who betroths a woman with money or with something of monetary value, but who deceives her, by saying to her at the time of the kiddushin "Behold you are betrothed to me with this thing," and it is later found that he has given her something else, and she did not see what he gave her because it was dark or because the object of transfer was covered. If she had seen, we could assume that she was aware of the substitution, and accepted it. Since, however, she did not see it, and her mind was set on what he said to her at the time of kiddushin, even if he deceived her by giving her an item of superior value, the kiddushin is not valid. These laws also apply if he betrothed her on condition that he is wealthy or poor, and the opposite was found to be true, as will be explained below.

If a man says to a woman: "Be betrothed to me with this cup of wine," and it was found to be of honey - he did not give her wine, but rather a drink made from honey, or if he says: "Be betrothed to me with this cup -

of honey," and it was found to be of wine - he gave her wine instead of the drink made from honey; and similarly, if a man says to a woman, "Be betrothed to me -

with this dinar of silver," and it was found to be of gold - he did not give her a silver dinar, as he had said, but instead gave her a gold dinar, even though she benefits from his deceit; or if he said to her, "Be betrothed to me with this dinar -

of gold," and it was found to be of silver - he gave her only a silver dinar; and similarly, if a man says to a woman, "Be betrothed to me -

on the condition that I am rich," and he was found to be poor; or even if he said to her, "Be betrothed to me on the condition that I am -

poor," and he was found to be rich - and she benefits, she is not betrothed - for we say that the woman only agreed to accept kiddushin on the basis of the statements made to her at the time of the betrothal. This is so even when the item mentioned is worth less than the one he gave her, because it is possible that she prefers the less expensive article, since everything has its own advantages. It is also possible that she prefers him being poor to being rich. Therefore, in cases in which she is deceived, the kiddushin is not valid.

Rabbi Shimon says, If he deceived her for her benefit - if he said "with this dinar of silver," and it was found to be of gold, she is betrothed - the Gemara explains that Rabbi Shimon disagrees with the earlier opinion in the mishnah only in the case of a woman who says to her agent, "Accept kiddushin on my behalf from so-and-so, who said to me, 'Be betrothed to me with a silver dinar,"' and the agent received a gold dinar instead. The First Tanna is of the opinion that the kiddushin is not valid, because the woman specified that she only wanted to be betrothed with a silver dinar. Rabbi Shimon, however, is of the opinion that the woman's request to her agent was not specific but merely that she would consent to the kiddushin even for a silver dinar, and if the agent received a gold dinar, which is more precious, she is also betrothed. However, if the woman accepted her own kiddushin, Rabbi Shimon would concede that even if she benefits, the kiddushin is not valid. The law follows the First Tanna.

KIDDUSHIN: CHAPTER 2: MISHNAH 3

"On the condition that I am a priest," and he was found to be a Levite; "a Levite," and he was found to be a priest; "a natin," and he was found to be a mamzer; "a mamzer," and he was found to be a natin; "a villager" and he was found to be a city dweller, "a city dweller," and he was found to be a villager "on the condition that my house is close to the bathhouse," and it was found to be distant; "distant," and it was found to be close; "on the condition that I have a daughter or a maidservant who is a gadelet," and he has none; or, "on the condition that I do not have," and he has; "on the condition that I do not have children," and he has; or, "on the condition that I have," and he does not have - and in all these, even though she said, "It was in my heart to be betrothed to him notwithstanding," she is not betrothed. And similarly, if she deceived him.

Kehati

This mishnah is a continuation of the preceding mishnah, and it elaborates on the laws of kiddushin involving deception.

If a man says to a woman: "Be betrothed to me - On the condition that I am a priest," and he was found to be a Levite; or if he said to her: "Be betrothed to me on the condition that I am - a Levite," and he was found to be a priest; or: "on the condition that I am - a natin" - a descendant of the Gibeonites (see Josh. 9:3-27) - and he was found to be a mamzer - a bastard; or: "on condition that I am - a mamzer," and he was found to be a natin -

the above are cases where he deceives her regarding his lineage, and similarly, if a person says to a woman: "Be betrothed to me on condition that I am - a villager," and he was found to be a city dweller - a city (kerakh) is a place where there are markets, and is larger than a village, and each type of settlement has its own advantages and disadvantages (see commentary on Ket.. 13:10); or: "on the condition that I am - a city dweller," and he was found to be a villager, and similarly, if a person says: "on the condition that my house is close to the bathhouse," and it was found to be distant; or if he says "on condition that my house is - distant - from the bathhouse," and it was found to be close; and similarly, if he says: "on the condition that I have a daughter or a maidservant who is a gadelet" - who styles women's hair, and according to another version, a megudelet, which is interpreted as meaning, a mature person, who is occupied with the housework, and - it is found that - he has none; or - if he says to her: "Be betrothed to me - on the condition that I do not have - a daughter or a maidservant who is a gadelet," and - it is found that - he has; or if he says: "on the condition that I do not have children," and - it is found that - he has; or - he says: "on the condition that I have - children," and - it is found that - he does not have -

and in all these - cases mentioned in the mishnah, even though she said, "It was in my heart to be betrothed to him notwithstanding" - even though the reality is not according to his stipulation (Rashi), I nevertheless desire to be betrothed to him, she is not betrothed - since her thoughts have no legal standing, and they do not have the power to override his explicit statements made at the time of the kiddushin.

And similarly, if she deceived him - e.g., she said to him that she was a Levitess, and it was found that she was a priestess, etc., even though he said, "In my heart I would have betrothed her notwithstanding" the kiddushin is invalid.

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