"האיש מקדש" או "האשה נקנית"? הקידושין כטקס המכונן מעמד משפטי
(א) כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃ (ב) וְיָצְאָ֖ה מִבֵּית֑וֹ וְהָלְכָ֖ה וְהָיְתָ֥ה לְאִישׁ־אַחֵֽר׃ (ג) וּשְׂנֵאָהּ֮ הָאִ֣ישׁ הָאַחֲרוֹן֒ וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּית֑וֹ א֣וֹ כִ֤י יָמוּת֙ הָאִ֣ישׁ הָאַחֲר֔וֹן אֲשֶׁר־לְקָחָ֥הּ ל֖וֹ לְאִשָּֽׁה׃ (ד) לֹא־יוּכַ֣ל בַּעְלָ֣הּ הָרִאשׁ֣וֹן אֲשֶֽׁר־שִׁ֠לְּחָ֠הּ לָשׁ֨וּב לְקַחְתָּ֜הּ לִהְי֧וֹת ל֣וֹ לְאִשָּׁ֗ה אַחֲרֵי֙ אֲשֶׁ֣ר הֻטַּמָּ֔אָה כִּֽי־תוֹעֵבָ֥ה הִ֖וא לִפְנֵ֣י יהוה וְלֹ֤א תַחֲטִיא֙ אֶת־הָאָ֔רֶץ אֲשֶׁר֙ יהוה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃
(1) A man takes a woman [into his household as his wife] and becomes her husband. She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement, hands it to her, and sends her away from his house; (2) she leaves his household and becomes [the wife] of another man ; (3) then this latter man rejects her, writes her a bill of divorcement, hands it to her, and sends her away from his household; or the man dies who had last taken her as his wife. (4) Then the first husband who divorced her shall not take her [into his household] to become his wife again, since she has been defiled —for that would be abhorrent to יהוה. You must not bring sin upon the land that your God יהוה is giving you as a heritage. (5) When a man has newly taken a woman [into his household as his wife], he shall not go out with the army or be assigned to it for any purpose; he shall be exempt one year for the sake of his household, to give happiness to the woman he has taken. (6) A handmill or an upper millstone shall not be taken in pawn, for that would be taking someone’s life in pawn. (7) If a party is found to have kidnapped—and then enslaved or sold—a fellow Israelite, that kidnapper shall die; thus you will sweep out evil from your midst. (8) In cases of a skin affection be most careful to do exactly as the levitical priests instruct you. Take care to do as I have commanded them. (9) Remember what your God יהוה did to Miriam on the journey after you left Egypt. (10) When you make a loan of any sort to your compatriot, you must not enter the house to seize the pledge. (11) You must remain outside, while the party to whom you made the loan brings the pledge out to you. (12) If that party is needy, you shall not go to sleep in that pledge; (13) you must return the pledge at sundown, that its owner may sleep in the cloth and bless you; and it will be to your merit before your God יהוה. (14) You shall not abuse a needy and destitute laborer, whether a fellow Israelite or a stranger in one of the communities of your land. (15) You must pay out the wages due on the same day, before the sun sets, for the worker is needy and urgently depends on it; else a cry to יהוה will be issued against you and you will incur guilt. (16) Parents shall not be put to death for children, nor children be put to death for parents: they shall each be put to death only for their own crime. (17) You shall not subvert the rights of the stranger or the fatherless; you shall not take a widow’s garment in pawn. (18) Remember that you were a slave in Egypt and that your God יהוה redeemed you from there; therefore do I enjoin you to observe this commandment. (19) When you reap the harvest in your field and overlook a sheaf in the field, do not turn back to get it; it shall go to the stranger, the fatherless, and the widow—in order that your God יהוה may bless you in all your undertakings. (20) When you beat down the fruit of your olive trees, do not go over them again; that shall go to the stranger, the fatherless, and the widow. (21) When you gather the grapes of your vineyard, do not pick it over again; that shall go to the stranger, the fatherless, and the widow. (22) Always remember that you were a slave in the land of Egypt; therefore do I enjoin you to observe this commandment.
(א) הָאִשָּׁה נִקְנֵית בְּשָׁלשׁ דְּרָכִים, וְקוֹנָה אֶת עַצְמָהּ בִּשְׁתֵּי דְרָכִים. נִקְנֵית בְּכֶסֶף, בִּשְׁטָר, וּבְבִיאָה. בְּכֶסֶף, בֵּית שַׁמַּאי אוֹמְרִים, בְּדִינָר וּבְשָׁוֶה דִינָר. וּבֵית הִלֵּל אוֹמְרִים, בִּפְרוּטָה וּבְשָׁוֶה פְרוּטָה. וְכַמָּה הִיא פְרוּטָה, אֶחָד מִשְּׁמֹנָה בָאִסָּר הָאִיטַלְקִי. וְקוֹנָה אֶת עַצְמָהּ בְּגֵט וּבְמִיתַת הַבָּעַל. הַיְבָמָה נִקְנֵית בְּבִיאָה. וְקוֹנָה אֶת עַצְמָהּ בַּחֲלִיצָה וּבְמִיתַת הַיָּבָם:
(ב) עֶבֶד עִבְרִי נִקְנֶה בְכֶסֶף וּבִשְׁטָר, וְקוֹנֶה אֶת עַצְמוֹ בַּשָּׁנִים וּבַיּוֹבֵל וּבְגִרְעוֹן כֶּסֶף. יְתֵרָה עָלָיו אָמָה הָעִבְרִיָּה, שֶׁקּוֹנָה אֶת עַצְמָהּ בְּסִימָנִין. הַנִּרְצָע נִקְנֶה בִרְצִיעָה, וְקוֹנֶה אֶת עַצְמוֹ בַיּוֹבֵל וּבְמִיתַת הָאָדוֹן:
(ג) עֶבֶד כְּנַעֲנִי נִקְנֶה בְכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה, וְקוֹנֶה אֶת עַצְמוֹ בְכֶסֶף עַל יְדֵי אֲחֵרִים, וּבִשְׁטָר עַל יְדֵי עַצְמוֹ, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, בְּכֶסֶף עַל יְדֵי עַצְמוֹ וּבִשְׁטָר עַל יְדֵי אֲחֵרִים, וּבִלְבַד שֶׁיְּהֵא הַכֶּסֶף מִשֶּׁל אֲחֵרִים:
(ד) בְּהֵמָה גַסָּה נִקְנֵית בִּמְסִירָה, וְהַדַּקָּה בְּהַגְבָּהָה, דִּבְרֵי רַבִּי מֵאִיר וְרַבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים, בְּהֵמָה דַקָּה נִקְנֵית בִּמְשִׁיכָה:
(ה) נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה. וְשֶׁאֵין לָהֶם אַחֲרָיוּת, אֵין נִקְנִין אֶלָּא בִמְשִׁיכָה. נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת, נִקְנִין עִם נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת, בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה. וְזוֹקְקִין נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת אֶת הַנְּכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת לִשָּׁבַע עֲלֵיהֶן:
(ו) כָּל הַנַּעֲשֶׂה דָמִים בְּאַחֵר, כֵּיוָן שֶׁזָּכָה זֶה, נִתְחַיֵּב זֶה בַחֲלִיפָיו. כֵּיצַד. הֶחֱלִיף שׁוֹר בְּפָרָה אוֹ חֲמוֹר בְּשׁוֹר, כֵּיוָן שֶׁזָּכָה זֶה, נִתְחַיֵּב זֶה בַחֲלִיפָיו. רְשׁוּת הַגָּבוֹהַּ, בְּכֶסֶף, וּרְשׁוּת הַהֶדְיוֹט, בַּחֲזָקָה. אֲמִירָתוֹ לַגָּבוֹהַּ, כִּמְסִירָתוֹ לַהֶדְיוֹט:
(ז) כָּל מִצְוֹת הַבֵּן עַל הָאָב, אֲנָשִׁים חַיָּבִין וְנָשִׁים פְּטוּרוֹת. וְכָל מִצְוֹת הָאָב עַל הַבֵּן, אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַיָּבִין. וְכָל מִצְוַת עֲשֵׂה שֶׁהַזְּמָן גְּרָמָהּ, אֲנָשִׁים חַיָּבִין וְנָשִׁים פְּטוּרוֹת. וְכָל מִצְוַת עֲשֵׂה שֶׁלֹּא הַזְּמָן גְּרָמָהּ, אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַיָּבִין. וְכָל מִצְוַת לֹא תַעֲשֶׂה, בֵּין שֶׁהַזְּמָן גְּרָמָהּ בֵּין שֶׁלֹּא הַזְּמָן גְּרָמָהּ, אֶחָד אֲנָשִׁים וְאֶחָד נָשִׁים חַיָּבִין, חוּץ מִבַּל תַּשְׁחִית וּבַל תַּקִּיף וּבַל תִּטַּמָּא לְמֵתִים:
(ח) הַסְּמִיכוֹת, וְהַתְּנוּפוֹת, וְהַהַגָּשׁוֹת, וְהַקְּמִיצוֹת, וְהַהַקְטָרוֹת, וְהַמְּלִיקוֹת, וְהַהַזָּאוֹת, וְהַקַּבָּלוֹת, נוֹהֲגִין בַּאֲנָשִׁים וְלֹא בְנָשִׁים, חוּץ מִמִּנְחַת סוֹטָה וּנְזִירָה, שֶׁהֵן מְנִיפוֹת:
(ט) כָּל מִצְוָה שֶׁהִיא תְלוּיָה בָאָרֶץ אֵינָהּ נוֹהֶגֶת אֶלָּא בָאָרֶץ. וְשֶׁאֵינָהּ תְּלוּיָה בָאָרֶץ נוֹהֶגֶת בֵּין בָּאָרֶץ בֵּין בְּחוּצָה לָאָרֶץ, חוּץ מִן הָעָרְלָה וְכִלְאָיִם. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אַף מִן הֶחָדָשׁ:
(י) כָּל הָעוֹשֶׂה מִצְוָה אַחַת, מְטִיבִין לוֹ וּמַאֲרִיכִין לוֹ יָמָיו וְנוֹחֵל אֶת הָאָרֶץ. וְכָל שֶׁאֵינוֹ עוֹשֶׂה מִצְוָה אַחַת, אֵין מְטִיבִין לוֹ וְאֵין מַאֲרִיכִין לוֹ יָמָיו וְאֵינוֹ נוֹחֵל אֶת הָאָרֶץ. כָּל שֶׁיֶּשְׁנוֹ בַמִּקְרָא וּבַמִּשְׁנָה וּבְדֶרֶךְ אֶרֶץ, לֹא בִמְהֵרָה הוּא חוֹטֵא, שֶׁנֶּאֱמַר (קהלת ד) וְהַחוּט הַמְשֻׁלָּשׁ לֹא בִמְהֵרָה יִנָּתֵק. וְכָל שֶׁאֵינוֹ לֹא בַמִּקְרָא וְלֹא בַמִּשְׁנָה וְלֹא בְדֶרֶךְ אֶרֶץ, אֵינוֹ מִן הַיִּשּׁוּב:
(1) A woman is acquired by, i.e., becomes betrothed to, a man to be his wife in three ways, and she acquires herself, i.e., she terminates her marriage, in two ways. The mishna elaborates: She is acquired through money, through a document, and through sexual intercourse. With regard to a betrothal through money, there is a dispute between tanna’im: Beit Shammai say that she can be acquired with one dinar or with anything that is worth one dinar. And Beit Hillel say: She can be acquired with one peruta, a small copper coin, or with anything that is worth one peruta. The mishna further clarifies: And how much is the value of one peruta, by the fixed value of silver? The mishna explains that it is one-eighth of the Italian issar, which is a small silver coin. And a woman acquires herself through a bill of divorce or through the death of the husband. A woman whose husband, who had a brother, died childless [yevama], can be acquired by the deceased husband’s brother, the yavam, only through intercourse. And she acquires herself, i.e., she is released from her levirate bond, through ḥalitza or through the death of the yavam.
(2) A Hebrew slave can be acquired by his master through money or through a document, and he can acquire himself, i.e., he is emancipated, through years, i.e., when he completes his six years of labor, or through the advent of the Jubilee Year, or through the deduction of money. The slave can redeem himself during the six years by paying for his remaining years of slavery. A Hebrew maidservant has one mode of emancipation more than him, as she acquires herself through signs indicating puberty. A slave who is pierced after serving six years is acquired as a slave for a longer period through piercing his ear with an awl, and he acquires himself through the advent of the Jubilee Year or through the death of the master.
(3) A Canaanite slave is acquired by means of money, by means of a document, or by means of the master taking possession of him. And he can acquire himself, i.e., his freedom, by means of money given by others, i.e., other people can give money to his master, and by means of a bill of manumission if he accepts it by himself. This is the statement of Rabbi Meir. And the Rabbis say: The slave can be freed by means of money given by himself, and by means of a bill of manumission if it is accepted by others, provided that the money he gives belongs to others, not to him. This is because the slave cannot possess property, as anything owned by a slave is considered his master’s.
(4) A large domesticated animal is acquired by passing, when its current owner transfers it to a buyer by giving him the reins or the bit. And a small domesticated animal is acquired by lifting. This is the statement of Rabbi Meir and Rabbi Eliezer. And the Rabbis say: A small domesticated animal can be acquired by pulling also, and there is no need to lift it.
(5) Property that serves as a guarantee, i.e., land or other items that are fixed in the earth, can be acquired by means of giving money, by means of giving a document, or by means of taking possession of it. Property that does not serve as a guarantee, i.e., movable property, can be acquired only by pulling. Property that does not serve as a guarantee can be acquired along with property that serves as a guarantee by means of giving money, by means of giving a document, or by means of taking possession of them. The movable property is transferred to the buyer’s possession when it is purchased together with the land, by means of an act of acquisition performed on the land. Generally, one is not obligated to take an oath concerning the denial of a claim with regard to land. The mishna continues: And in a legal dispute involving both land and movable property, if the defendant makes a partial admission of the claim with regard to the movable property, thereby rendering himself obligated to take an oath denying any responsibility for the remaining property, the movable property binds the property that serves as a guarantee, i.e., the land, so that he is forced to take an oath concerning the land as well, despite the fact that one is generally not obligated to take an oath for a claim involving land.
(6) The mishna discusses a transaction involving the barter of two items. With regard to all items used as monetary value for another item, i.e., instead of a buyer paying money to the seller, they exchange items of value with each other, once one party in the transaction acquires the item he is receiving, this party is obligated with regard to the item being exchanged for it. Therefore, if it is destroyed or lost, he incurs the loss. How so? If one exchanges an ox for a cow, or a donkey for an ox, once this party acquires the animal that he is receiving, this party is obligated with regard to the item being exchanged for it. The authority of the Temple treasury effects acquisition by means of money to the seller. And the authority, i.e., the mode of acquisition, of a commoner [hedyot] is by possession. Furthermore, one’s declaration to the Most High, i.e., when one consecrates an item through speech, is equivalent to transferring an item to a common person, and the item is acquired by the Temple treasury through his mere speech.
(7) With regard to all mitzvot of a son with regard to his father, men are obligated to perform them and women are exempt. And with regard to all mitzvot of a father with regard to his son, both men and women are obligated to perform them. The mishna notes an additional difference between the obligations of men and women in the performance of mitzvot: With regard to all positive, time-bound mitzvot, i.e., those which must be performed at specific times, men are obligated to perform them and women are exempt. And with regard to all positive mitzvot that are not time bound, both men and women are obligated to perform them. And with regard to all prohibitions, whether they are time-bound or whether they are not time-bound, both men and women are obligated to observe them, except for the prohibitions of: Do not round the corners of your head, and: Do not destroy the corners of your beard, which are derived from the verse: “You shall not round the corners of your head and you shall not destroy the corners of your beard” (Leviticus 19:27), and a prohibition that concerns only priests: Do not contract ritual impurity from a corpse (see Leviticus 21:1). These mitzvot apply only to men, not women, despite the fact that they are prohibitions.
(8) With regard to the placing of hands on the head of an offering, and the waving of certain offerings, and the bringing near of meal-offerings to the corner of the altar, and the removal of a handful from meal-offerings, and the burning of sacrificial parts on the altar, and the pinching of bird-offerings, and the collecting of blood of offerings in a vessel, and the sprinkling of blood, these apply to men and not to women. All these mitzvot apply specifically to men and not to women, except for the meal-offering of a sota, and the meal-offering of a nazirite woman, which these women wave.
(9) Any mitzva that is dependent on the land [aretz] applies only in Eretz Yisrael, and any mitzva that is not dependent on the land applies both in Eretz Yisrael and outside of Eretz Yisrael. This is apart from the mitzvot of orla and diverse kinds, which apply even outside of Eretz Yisrael. Rabbi Eliezer says: This is the halakha even with regard to the prohibition to eat from the new crop before the omer offering has been brought on the sixteenth of Nisan.
(10) Anyone who performs one mitzva has goodness bestowed upon him, his life is lengthened, and he inherits the land, i.e., life in the World-to-Come. And anyone who does not perform one mitzva does not have goodness bestowed upon him, his life is not lengthened, and he does not inherit the land of the World-to-Come. Anyone who is engaged in the study of Bible, and in the study of Mishna, and in the desired mode of behavior, i.e., he performs labor and generally acts in an appropriate manner, will not be quick to sin, as it is stated: “And a threefold cord is not quickly broken” (Ecclesiastes 4:12). One who is involved in all three of these activities will not sin easily. And anyone who does not engage in the study of Bible, nor the study of Mishna, nor the desired mode of behavior, is not part of society, i.e., he is not considered a civilized person at all.
(א) האשה נקנית בשלש דרכים וקונה א"ע בשתי דרכים: נקנית בכסף בשטר בביאה.
בכסף כיצד? נתן לה כסף או שוה כסף, אמר לה, "הרי את מקודשת לי", "הרי את מאורסת לי", "הרי את לי לאינתו" - הרי זו מקודשת; אבל נתנה היא לו כסף או שוה כסף ואמרה לו, "הריני מאורסת לך", "הריני מקודשת לך", "הריני לך לאינתו" - אינה מקודשת.
ובשטר כיצד? צורך לומר בשטר שיש בו שווה פרוטה? והלא היא מקודשת בדבר שיש בו שווה פרוטה! אלא אפילו כתב על חרס ונתן לה על נייר ונתן לה - הרי זו מקודשת.
ובביאה? כל ביאה שהיא לשם קדושין מקודשת, שאינה לשם קדושין אינה מקודשת...
(1) A wife is acquired in 3 ways and can acquire herself in 2 ways. She can be acquired with money, contract or sex. How so with money? He gave her money or something worth money, he said to her: "Behold you are betrothed to me", "Behold you are engaged to me", "Behold you are my wife", "Behold this one is betrothed". But if she gave him money or something worth money and said to him "Behold I am engaged to you", "Behold I am betrothed to you", "Behold I am your wife"—she is not betrothed. Contract? One needs to say that the contract has to be worth a perutah—even if he wrote it on clay or bad paper, she is betrothed. With sex? All sex that is for the sake of betrothal—she is betrothed; if it is not for the sake of betrothal—she is not betrothed.
(2) A man shouldn't marry a wife until his niece is grown up or until he finds someone appropriate for him, as it is said, "The land was full of lust" (Vayikra 19:29). "It is lust" (Vayikra 20:14). Rabbi Eliezer says: This is a single man who has sex with a single woman not for the sake of marriage. Rabbi Eliezer said: From where do we know that he [the single man from the previous statement] is punished before God like the one who has sex with a woman and her mother? It is said here "Lust" and it is said there "A man who marries a woman and her mother—it is lust" (Vayikra 20:14). Rabbi Eliezer ben Ya'akov says: Because he has sex with many women and it is not known with which he has had sex; and she receives it from many men and it is not known from which of them she received it—it turns out that this man marries his daughter, this one marries his sister, and all of the world will be bastards. That's why it is said, "The earth will be full of lust" (zimah)—this one, what is he (zeh mah hu)? He is not a kohen, levi or Yisrael (sic! placement of this line based on Ehrfurt manuscript and the derash of זימה = זה מה). Rabbi Yehudah (sic! based on Ehrfurt manuscript) says: Behold it says "Do not prostitute the land" (Vayikra 19:29)—the produce degenerates. The Hakhamim decided by majority to support Rabbi Yehudah (sic!): "Lift your eyes to the lowlands and see where you have not been ravished... and the rains have been withheld" (Yirmiyahu 3:2-3) [i.e. your sexual immorality directly causes the rains to stop and the produce to degenerate].
(3) Which is "deduction of price" [through which a Hebrew slave can go free according to Mishnah Kiddushin 1:2]? He wanted to redeem himself within those [6] years [that he is a slave], he calculated the coins and the years [remaining] and payed them to his master, and the slave has the upper hand [he can calculate based on how much his price was worth when he sold himself originally or how much that would be worth now, whichever is better for him]. Which is presumption [of ownership] of land? A lock, fence or opening of any size [that belongs to him]—this is a presumption [of ownership]. Which is presumption [of ownership] of [Canaanite] slaves? If [the slave] ties [the owner's] shoe, undoes his shoe, brings vessels after him to the bathhouse—this is a presumption. If he lifted him up [e.g. to help him get on a horse]—Rabbi Shimon said: There is no greater presumption than this.
(4) [The Hebrew slave] acquires himself with [loss of] major limbs (see Shemot 21:26). He acquires himself with money via others and a contract via himself, [and he can't acquire with his own money] because he is like one who gives from the left hand to his right [i.e. whatever is his is his master's, so the money needs to come from elsewhere]—words of Rabbi Meir. But Hakhamim say: [Even] money via himself or a contract via others, as long as the money belongs to others and he says to him [when he gives him the money], "[This is] with the understanding that you can only redeem [yourself] with this money". Rabbi Shimon ben Elazar said in the name of Rabbi Meir: Even a contract via others, but not one via himself.
(5) A ship is acquired with drawing (meshikhah). Rabbi Natan says: A ship and documents are acquired with drawing and with a contract. Which is drawing? Whether he drew [the animal], whether he drove [it], whether he called to it and it came after him—this is drawing. Which is handing over (mesirah)? Anyone who handed over to him the halter and he took it—this is handing over. In what cases did they say that moveable property is acquired with drawing? In the public road or in a courtyard which doesn't belong to either [party in the transaction]. On the property of the buyer, whenever he accepts it, he acquires. On the property of the seller, when he lifts it or until he takes it out of the owner's property. On the property of the one with whom he deposited [the animal], until he [the bailee] accepts it [the responsibility of looking after the item for the buyer] or until he [the buyer] rents the place [where the item is stored with the bailee].
(6) One can exchange land for land, moveables for moveables, land for moveables, moveables for land—when this one takes ownership, the other one becomes liable for its exchange (see Mishnah Kiddushin 1:6).
(7) [The process of something being transferred to the] ownership of the Temple with money, how so? If the treasurer gave coins for hekdesh moveable property, he acquires the hekdesh wherever he is; but a layperson [not empowered by the authority of the Temple] doesn't acquire until the moment he draws [it]. Speech [by a Temple treasurer or another official is as effective in transferring property] to the Temple as the handing over of a layperson. How so? "This ox is hekdesh", "This house is hekdesh"—even from where to the end of the world, he acquires the hekdesh wherever he is; but a layperson only acquires when he takes possession [of it].
(8) Which is a positive time-caused mitzvah [for which women/wives are exempt]? Sukkah, lulav and tefilin. Which is a positive non-time-caused mitzvah? [Returning a] lost object, sending away the mother bird [in order to take the eggs], [setting up] a railing [on your roof] and tzitzit. Rabbi Shimon exempts wives from tzitzit because it is a positive time-caused mitzvah. Which is a mitzvah of the son about [his] father? Feeding, giving drink, clothing, anointing, taking out and bringing in, washing his face, hands and legs. [This applies to anyone] whether a man or wife, except that a man has the opportunity to do it, but a wife does not have the opportunity to do it because others [her husband] have authority over her. What is a mitzvah of the father about [his] son? To circumcise him, redeem him [with 5 selaim if he is a firstborn], to teach him Torah, to teah him a trade and to marry him to a wife. Some say: Also to swim in the river. Rabbi Yehudah says: Anyone who doesn't teach his son a trade teaches him banditry.
(9) (Translated from Ehrfurt manuscript:) Rabban Gamliel says: Anyone who has a trade, to what is he similar? To a vineyard that is surrounded by its fence, to a furrow that is surrounded by a hedge. Rabbi Yoseh says in the name of Rabban Gamliel: Anyone who has a trade, to what is he similar? To a woman that has a husband—whether she is adorned or not, everybody doesn't gaze at her, but if she is not adorned then she will have a curse [since she isn't trying to dress up for her husband]. Anyone who does not have a trade, to what is he similar? To a woman without a husband—whether she is adorned or not, everyone gazes at her, but if she is adorned she will have a curse [since she is dressing up for random men]. Rabbi Yoseh bar Rabbi Lazar said in the name of Rabban Gamliel: Anyone who has a trade, to what is he similar? To a fenced vineyard where cattle and wild animals can't enter into it, passersby can't enter into it and can't see what is in it. Anyone without a trade, to what is he similar? To an open vineyard, for cattle and wild animals enter into it, passersby enter into it and can see what is in it.
(10) Rabbi Elazar bar Rabbi Shimon says: Any mitzvah that Yisrael was obligated in before they came to the Land is practised in the Land and ouside the Land; [any mitzvah] that [Yisrael] was not obligated in before they came to the Land is only practised in the Land, except for remission of loans, redemption of sales and sending away the Hebrew slave, for even though they were not obligated in them until they came to the Land, they are practised in the Land and outside the Land.
(11) One who does 1 mitzvah, it causes good for him, it lengthens his days and his years and he inherits the soil. Anyone who does one averah, it causes bad for him, it plucks off his days and he does not inherit the land. About this one it is said, "One sinner can destroy much good" (Kohelet 9:18)—with a single sin, this one destroyed for him many good things. A person should always see himself as if he is half innocent and half guilty. If he does one mitzvah, he is happy that he tipped his scale to the side of innocence. If he does one averah, woe to him! he tipped his scale to the side of guilt. About this one it is said, "One sinner can destroy much good"—with a single sin, this one destroyed for him many good things. Rabbi Shimon ben Elazar says in the name of Rabbi Meir: Because an individual is judged according to the majority [of his deeds] and the world is judged according to the majority [of the deeds performed in it], one who does one mitzvah is happy that he has tipped his scales and the scales of the world to the side of innocence; if he does one averah, woe to him! he tips his scale and the scale of the world to the side of guilt. About this one it is said, "One sinner can destroy much good"—with a single sin, this one destroyed for him many good things. Rabbi Shimon says: If someone was righteous their entire life, but in the end rebelled, he lost everything, as it is said, "The righteousness of the righteous will not save him on the day of his wickedness" (Yehezkel 33:12). If someone were wicked all their life and did teshuvah at the end, God receives him, as it is said, "He will not trip on the wickedness of the wicked on the day he returns from his wickedness" (Yehezkel 33:12). Anyone who is engaged in all three of them—in Scripture, Mishnah and an occupation—about this person it is said, "The threefold cord will not be quickly broken" (Kohelet 4:12).
כי יקח איש אשה - מלמד שהאשה נקנית בכסף. שהיה בדין...
ובעלה - מלמד שהאשה נקנית בבעילה. שהיה בדין...
ומנין אף בשטר? ודין הוא - ומה כסף שאינו מוציא, הרי הוא קונה; שטר שהוא מוציא, אינו דין שיהא קונה! לא...
ת"ל 'וכתב לה ספר כריתות ונתן בידה ויצאה מביתו' [וגו'] - מקיש הויתה של זה ליציאתה של זה - מה יציאתה (מזה) בשטר, אף הויתה (מזה) בשטר.
(Devarim 24:1) "If a man take a woman": We are hereby taught that a woman is acquired (as a wife) by money. For (without this verse) it would follow otherwise, viz.: If a Hebrew handmaid, who is not acquired by cohabitation is acquired by money, then a woman, who is acquired by cohabitation, how much more so should she be acquired by money! — (No,) this is refuted by the instance of a yevamah (leviratess), who is acquired by cohabitation, but is not acquired by money. Do not wonder, then, if a woman, who, though she is acquired by cohabitation were not to be acquired by money. It must, therefore, be written "If a man take a woman," to teach that a woman is acquired by money. "and he cohabit with her." We are hereby taught that a woman is acquired by cohabitation. For (without this verse) it would follow otherwise, viz.: If a yevamah, who is not acquired by money, is acquired by cohabitation, then a woman, who is acquired by money, how much more so should she be acquired by cohabitation! — (No,) this is refuted by the instance of a Hebrew handmaid, who is acquired by money, but is not acquired by cohabitation. Do not wonder, then, if a woman, who, though she is acquired by money, were not to be acquired by cohabitation. It must, therefore, be written "and he cohabit with her," to teach that a woman is acquired by cohabitation. And whence is it derived that she is also acquired by a writ (shtar)? It follows, viz.: If money, which does not release (a woman from marriage), acquires, then shtar (a writ [of divorce]), which does release a woman, how much more so should it acquire! (No,) this may be true of money, which acquires hekdesh (consecrated property) and second tithe, but not with shtar, which does not acquire hekdesh and second tithe. It must, therefore, be written (Ibid.) "then he shall write for her a scroll of divorce, and he shall place it into her hand, and he shall send her from his house. This one's coming in (to marriage) is compared to her going out (viz. Ibid. 2). Just as her going out is with a shtar (i.e., a get), so, her coming in.
(א) הָאִישׁ מְקַדֵּשׁ בּוֹ וּבִשְׁלוּחוֹ. הָאִשָּׁה מִתְקַדֶּשֶׁת בָּהּ וּבִשְׁלוּחָהּ. הָאִישׁ מְקַדֵּשׁ אֶת בִּתּוֹ כְּשֶׁהִיא נַעֲרָה, בּוֹ וּבִשְׁלוּחוֹ. הָאוֹמֵר לְאִשָּׁה, הִתְקַדְּשִׁי לִי בִתְמָרָה זוֹ, הִתְקַדְּשִׁי לִי בְזוֹ, אִם יֵשׁ בְּאַחַת מֵהֶן שָׁוֶה פְרוּטָה, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. בְּזוֹ וּבְזוֹ וּבְזוֹ, אִם יֵשׁ שָׁוֶה פְרוּטָה בְּכֻלָּן, מְקֻדֶּשֶׁת. וְאִם לָאו, אֵינָהּ מְקֻדֶּשֶׁת. הָיְתָה אוֹכֶלֶת רִאשׁוֹנָה רִאשׁוֹנָה, אֵינָהּ מְקֻדֶּשֶׁת, עַד שֶׁיְּהֵא בְאַחַת מֵהֶן שָׁוֶה פְרוּטָה:
(1) A man can betroth a woman by himself or by means of his agent. Similarly, a woman can become betrothed by herself or by means of her agent. A man can betroth his daughter to a man when she is a young woman, either by himself or by means of his agent. In the case of one who says to a woman: Be betrothed to me with this date, and adds: Be betrothed to me with that one, then if one of the dates is worth one peruta she is betrothed, but if not, she is not betrothed, since he mentioned betrothal in connection with each date. But if he said: Be betrothed to me with this one, and with this one, and with this one, then even if all of them together are worth one peruta she is betrothed, but if not, she is not betrothed. If he gave her dates with the intention of betrothing her with them, and she was eating them one by one as she received them, she is not betrothed unless one of them is worth one peruta.
(2) If a man said to a woman: Be betrothed to me with this cup of wine, and it was found to be a cup of honey; or if he said: With this cup of honey, and it was found to be a cup of wine; or if he said: With this dinar made of silver, and it was found to be made of gold; or if he said: With this dinar made of gold, and it was found to be made of silver; or if he said: On the condition that I am wealthy, and he was found to be poor; or if he said: On the condition that I am poor, and he was found to be wealthy, she is not betrothed in any of these cases. Rabbi Shimon says: If he misled her to her advantage by giving her something better than what he stated, or if his status was greater than he claimed, she is betrothed.
(3) If one said 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: A Levite, and he was found to be a priest; or if he said: Be betrothed to me on the condition that I am a Gibeonite, a people prohibited by rabbinic law from marrying into the congregation, i.e., from marrying a Jew of fit lineage, and he was found to be a mamzer, who is prohibited by Torah law to marry into the congregation; or he said: A mamzer, and he was found to be a Gibeonite; or if he said: Be betrothed to me on the condition that I am a resident of a small town, and he was found to be a resident of a large city; or he said: A resident of a city, and he was found to be a resident of a town; or if he said: Be betrothed to me on the condition that my house is close to the bathhouse, and it was found to be far; or he said: Far from the bathhouse, and it was found to be close, she is not betrothed. Or if he said that she is betrothed to him on the condition that he has a grown daughter or a maidservant, and he does not have one, or on the condition that he does not have one and he has one; or on the condition that he has no sons, and he has sons, or on the condition that he has sons and he does not have sons, then she is not betrothed. And in all these cases, despite the fact that she later stated: I intended to become betrothed to him nevertheless, whether or not he fulfilled the condition, she is not betrothed. And similarly, if it was she who misled him by making the betrothal conditional upon a statement of hers that turned out to be incorrect, the betrothal will not take effect.
(4) In the case of one who says to his agent: Go and betroth for me so-and-so in such and such a place, and the agent went and betrothed her in a different place, she is not betrothed, since he instructed that the betrothal take place in a particular location. But if he said: Go and betroth the woman for me, she is in such and such a place; and the agent betrothed her in a different place, she is betrothed, since he did not mean that the agent should betroth her specifically there, but was merely telling him where to find her.
(5) In the case of one who betroths a woman on the condition that there are no vows incumbent upon her to fulfill, and it was found that there were vows incumbent upon her to fulfill, she is not betrothed, since his condition was not fulfilled. If he married her without specification, and it was found that there were vows incumbent upon her to fulfill, the marriage takes effect. Nevertheless, he has the right to divorce her, and she is divorced without receiving payment of her marriage contract, as it is assumed that he would not have married her had he known that she was limited by her vows. Similarly, if he betrothed her on the condition that there are no blemishes upon her, and she was discovered to have blemishes, she is not betrothed. In a case where he married her without specification and she was discovered to have blemishes, he has the right to divorce her, and she is divorced without receiving payment of her marriage contract. As to what is defined as a blemish, the rule is that all the blemishes that disqualify priests from performing the Temple service, as detailed in tractate Bekhorot, also disqualify women from receiving their marriage contract in case of divorce.
(6) In the case of one who betroths two women together with an item worth one peruta, so that the value of each woman’s share was not worth one peruta, or who betroths one woman with an item worth less than one peruta, despite the fact that he later sent the traditional gifts [sivlonot] of a groom to the bride, she is not betrothed, because he sent the gifts on account of the first betrothal, i.e., the item whose value to the woman was less than one peruta, and not to effect betrothal. And similarly, if there was a minor who betrothed a woman, and he sent her gifts after he became an adult, the assumption is that he sent them on account of his betrothal when he was still a minor, and since betrothal performed by a minor is of no account, she is not betrothed.
(7) In the case of one who betroths a woman and her daughter or a woman and her sister in one act of betrothal, by saying: You are both betrothed to me, neither of them is betrothed. And an incident occurred involving five women, and among them were two sisters, and one person gathered a basket of figs that were from their field, and the fruit was of the Sabbatical Year, and he said: You are hereby all betrothed to me with this basket, and one of them accepted it on behalf of all of them. And the Sages said: The sisters are not betrothed.
(8) With regard to a priest who betroths a woman with his portion of offerings, whether he did so with offerings of the most sacred order or whether he did so with offerings of lesser sanctity, she is not betrothed. One who betroths a woman with second tithe, whether unwittingly or intentionally, has not betrothed her; this is the statement of Rabbi Meir. Rabbi Yehuda says: If he did so unwittingly he has not betrothed her, but if he did so intentionally he has betrothed her. And with regard to one who betroths a woman with consecrated property belonging to the Temple treasury, if he does so intentionally he has betrothed her, and if he does so unwittingly he has not betrothed her; this is the statement of Rabbi Meir. Rabbi Yehuda says the opposite: If he does so unwittingly he has betrothed her, but if he does so intentionally he has not betrothed her.
(9) With regard to one who betroths a woman with orla, i.e., fruit grown during a tree’s first three years, or with diverse kinds in a vineyard, i.e., grain and grapes planted together, or with an ox that is sentenced to be stoned, or with a heifer whose neck is broken, or with the leper’s birds which are designated for his offering, or with a nazirite’s hair, or with a firstborn donkey, or with meat cooked in milk, or with non-sacred animals that were slaughtered in the Temple courtyard, if he betroths her with any of these items, the woman is not betrothed, since it is prohibited to derive benefit from any of these items. By contrast, if one sold them and betrothed a woman with the money received from their sale, she is betrothed, as in these cases one may derive benefit from the money he receives in exchange for the forbidden item.
(10) With regard to one who betroths a woman with terumot, or with tithes, or with the foreleg, cheeks, and stomach of an animal, which are given as gifts to priests, or with the water of purification, which is sprinkled on an impure person during the purification rite for impurity imparted by a corpse, or with the ashes of purification, which were mixed with the water sprinkled on an impure person during the purification rite for impurity imparted by a corpse, in all of these cases she is betrothed, and this is so even if the man betrothing her is an Israelite, not a priest or a Levite.
קֹדֶם מַתַּן תּוֹרָה הָיָה אָדָם פּוֹגֵעַ אִשָּׁה בַּשּׁוּק אִם רָצָה הוּא וְהִיא לִשָּׂא אוֹתָהּ מַכְנִיסָהּ לְתוֹךְ בֵּיתוֹ וּבוֹעֲלָהּ בֵּינוֹ לְבֵין עַצְמוֹ וְתִהְיֶה לוֹ לְאִשָּׁה. כֵּיוָן שֶׁנִּתְּנָה תּוֹרָה נִצְטַוּוּ יִשְׂרָאֵל שֶׁאִם יִרְצֶה הָאִישׁ לִשָּׂא אִשָּׁה יִקְנֶה אוֹתָהּ תְּחִלָּה בִּפְנֵי עֵדִים וְאַחַר כָּךְ תִּהְיֶה לוֹ לְאִשָּׁה שֶׁנֶּאֱמַר (דברים כב יג) "כִּי יִקַּח אִישׁ אִשָּׁה וּבָא אֵלֶיהָ": וְלִקּוּחִין אֵלּוּ מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה הֵם. וּבְאֶחָד מִשְּׁלֹשָׁה דְּבָרִים אֵלּוּ הָאִשָּׁה נִקְנֵית. בְּכֶסֶף. אוֹ בִּשְׁטָר. אוֹ בְּבִיאָה. בְּבִיאָה וּבִשְׁטָר מֵהַתּוֹרָה. וּבְכֶסֶף מִדִּבְרֵי סוֹפְרִים. וְלִקּוּחִין אֵלּוּ הֵן הַנִּקְרָאִין קִדּוּשִׁין אוֹ אֵרוּסִין בְּכָל מָקוֹם. וְאִשָּׁה שֶׁנִּקְנֵית בְּאֶחָד מִשְּׁלֹשָׁה דְּבָרִים אֵלּוּ הִיא הַנִּקְרֵאת מְקֻדֶּשֶׁת אוֹ מְאֹרֶסֶת: וְכֵיוָן שֶׁנִּקְנֵית הָאִשָּׁה וְנַעֲשֵׂית מְקֻדֶּשֶׁת אַף עַל פִּי שֶׁלֹּא נִבְעֲלָה וְלֹא נִכְנְסָה לְבֵית בַּעְלָהּ הֲרֵי הִיא אֵשֶׁת אִישׁ וְהַבָּא עָלֶיהָ חוּץ מִבַּעְלָהּ חַיָּב מִיתַת בֵּית דִּין. וְאִם רָצָה לְגָרֵשׁ צְרִיכָה גֵּט:
Before the Torah was given, when a man would meet a woman in the marketplace and he and she decided to marry, he would bring her home, conduct relations in private and thus make her his wife. Once the Torah was given, the Jews were commanded that when a man desires to marry a woman, he must acquire her as a wife in the presence of witnesses. [Only] after this, does she become his wife. This is [alluded to in Deuteronomy 22:13]: "When a man takes a wife and has relations with her...." This process of acquisition fulfills [one of] the Torah's positive commandments. The process of acquiring a wife is formalized in three ways: through [the transfer of] money, through [the transfer of a] formal document and through sexual relations.[The effectiveness of] sexual relations and [the transfer of a] formal document have their origin in the Torah [itself], while [the effectiveness of transfer of] money is Rabbinic in origin.This process of acquisition is universally referred to as erusin ("betrothal") or kiddushin ("consecration"). And a woman who is acquired in any of these three ways is referred to as mekudeshet or me'ureset. Once this process of acquisition has been formalized and a woman has become mekudeshet, she is considered to be married even though the marriage bond has not been consummated and she has not entered her husband's home. Should anyone other than her husband engage in sexual relations with her, he is liable to be executed by the court. If her husband desires to divorce her, he must compose a get [a formal bill of divorce].
הלכה: הָאִשָּׁה נִיקְנֵית בְּשָׁלֹשׁ דְּרָכִים כול׳. כֵּינִי מַתְנִיתָא. אוֹ בְּכֶסֶף אוֹ בִּשְׁטָר אוֹ בְּבִיאָה. וְתַנֵּי רִבִּי חִייָה כֵן. לֹא סוֹף דָּבָר בִּשְׁלָשְׁתָּן אֶלָּא אֲפִילוּ בְאֶחָד מֵהֶן.
HALAKHAH: “A wife may be acquired in three ways,” etc. So is the Mishnah: Either by money, or by document, or by intercourse. Rebbi Ḥiyya stated as follows: Not only by all three together, but even by any one of them.

גאיוס (משפטן רומי בן המאה ה-2 לספירה), אינסטיטוציות, ספר א (מתורגם מלטינית)

(109) הן הזכרים הן הנקבות נמצאים בסמכותו של אחר, אבל נקבות לבדן נתונות בידיים (של אחר).
(110) בעבר טקס זה נערך בשלוש דרכים שונות, דהיינו, על ידי שימוש (usu), על ידי קונפראציה (farreo) ועל ידי קואמפציה (coemtione).
(111) אישה הגיעה לידי בעלה בשימוש כשהיא גרה עמו ברציפות במשך שנה לאחר הנישואין; מהסיבה שהיא הושגה בשימוש, כביכול, בחזקה לתקופה של שנה, ועברה למשפחת בעלה שם מילאה תפקיד של בת...
(112) נשים נכנסות תחת יד בעליהן בקונפראציה, באמצעות מעין קורבן ליופיטר פאראוס, שבו ניתנת עוגה, שממנה מקבל הטקס את שמו; ובנוסף לכך, לצורך קיום הטקס, נעשים ומתקיימים דברים רבים נוספים בליווי מילים חגיגיות מסוימות בנוכחות עשרה עדים. חוק זה עדיין בתוקף בזמננו, שכן המשרות הכהניות העיקריות, כלומר אלה של צדק, מאדים וקווירינוס, כמו גם ראשי הטקסים הקדושים, נבחרים באופן בלעדי מאנשים שנולדו מנישואים שנחגגים בקונפראציה. גם אנשים אלה אינם יכולים לשמש ככוהנים ללא נישואים על ידי קונפראציה.
(113) בנישואין על ידי קואמפציה, נשים נעשות כפופות לבעליהן על ידי מנסיפציה, כלומר על ידי סוג של מכירה פיקטיבית; שכן הגבר רוכש את האישה שנכנסת בידו בנוכחות לא פחות מחמישה עדים, שחייבים להיות אזרחים רומאים מעל גיל ההתבגרות, וגם בעלי איזון.