In the mishnah R. Yehudah said that if one intentionally uses second tithe money to betroth a woman, the betrothal is valid. This contradicts what we just said—if he uses the money deliberately, the sale is not valid.
R. Elazar explains that in the mishnah a woman knows that the second tithe money stays holy and that she must take it to Jerusalem. Therefore, there is no reason for the kiddushin not to be valid. In contrast, when one tries to desacralize second tithe money, the act is invalid and the money remains second tithe.
Today’s sugya continues the discussion of using second tithe money for acquisitions. Yesterday we said that if a man intentionally uses it for betrothal, the betrothal is valid because the woman knows that the second tithe remains holy and she will take it to Jerusalem and use it there. Today, the Talmud raises a difficulty on this notion.
People should know, according to R. Yirmiyah, that if one buys items that cannot be eaten the money is not desacralized. Second tithe money should be used to buy food to be eaten in Jerusalem. Nevertheless, if one does use second tithe money to buy these things, the sale is valid. He then takes other coins and states that they become second tithe in place of the coins that are in the hand of the seller. Then he brings these coins to Jerusalem and consumes them there (essentially he is penalized by having to spend twice as much). So why is this not the rule with kiddushin? Why don’t we make the man who betrothed the woman redeem the coins and bring them to Jerusalem? Why make the woman bring them?
The woman in the mishnah knows that second tithe remains holy and therefore she will bring the coins the man gave her to Jerusalem. But in a regular case, of a woman who does not know that second tithe must be brought to Jerusalem, the man who betrothed her must himself redeem the coins he gave her and bring them to Jerusalem.
The mishnah we just saw says that if one buys things that cannot be eaten, he redeems those coins, brings the equivalent value in their place, and uses those coins to buy food in Jerusalem.
But R. Yehudah said that if one intentionally tries to desacralize second tithe coins, the coins remain holy. They “return to their place” and the sale is nullified.
Shmuel says that the mishnah here refers to a case where the seller fled and therefore the coins cannot be returned to him. They cannot “return to their place.” In such a case, he may redeem them and use the new coins to buy food in Jerusalem.