Kiddushin 23 - Can a Canaanite Slave-woman be Acquired through Anal Intercourse?

A Canaanite slave may be acquired by means of money, a document, or a proprietary act of serving his new master, such as removing his master's shoe or lifting him.

Can we derive from here that a Canaanite slave-woman can be acquired by sexual intercourse, because she is lifting her master? - No, this is not comparable to regular lifting where the lifter does not get any pleasure. How about anal intercourse where she is not getting pleasure? Who is to say that she is not getting any pleasure? - Disproved! A slave-woman can not be acquired in this way.

Kiddushin 22 - Hebrew Servant Stays Forever Because Life is Good

A Hebrew servant who likes life with his master and with his Canaanite slave-woman mate may stay with his master "forever," if he insists on it, which practically means until the Jubilee year. In court, the master bores his ear against the door with an awl, as an act of acquisition.

A Hebrew servant should be given food and wine better than his master's, and a better bed, because the Torah says, "it is good for him with you." The master also supports the servant's wife and children that the servant had before his servitude.

Kiddushin 21 - Hebrew Servant Wants to be Free Again

A Hebrew servant who has sold himself into servitude and wants to redeem himself early enjoys a special privilege: his redemption price is the lower of his purchase price and the current value of his service for the remaining years. 

Through the sequence of Torah passages, we can deduce which transgressions caused him to become poor and sell himself. Still, now that he wants to become free again, he gets a leniency. 

He can reduce his remaining years of servitude with a partial payment, but this can result either in a gain or a loss for him, if his price fluctuates.

Kiddushin 20 - Terms of Servitude

A father can sell his daughter as a Hebrew maidservant to his own father (the girl's grandfather). Although the grandfather can not marry his granddaughter, he can designate her to marry his son, the girl's uncle, which is allowed by the Torah.

A master, who strikes a Canaanite slave and deprives him of his tooth or eye, must set him free. In contrast, a Hebrew servant in this situation receives payment but not freedom.

If a servant has a wife or children when he begins his term of servitude, then his master may give him a Canaanite slave-woman as a mate.

Kiddushin 19 - Designation of a Hebrew Maidservant as a Wife

A man who has bought a Hebrew maidservant can designate her as his wife, without the need for Kiddushin money, but with her knowledge. Can he do this for his son who is a minor? Does the phrase “or to his son” mean that the son can be any age or that he has to be like his father, an adult?

Answer: while a nine-year old CAN acquire a wife in levirate marriage if his brother dies by having marital relations with her, designation of a maidservant as a wife is not possible until the son is an adult.

Kiddushin 13 - Master or his Son to Marry Hebrew Maidservant

A Hebrew convert is like a new-born child and does not inherit his father, except by rabbinical ordinance. He has to tell his brothers, “Take these idols, and I will take the produce,” before the idols come into his possession.

A father can sell his daughter into servitude only once. Her master or master's son are expected to marry her and provide for her, with no additional Kiddushin money required.

A Hebrew servant is sold for his theft if he can not repay, but only if what he owes exceeds the value of the six years of his servitude.

Kiddushin 17 - Severance Gifts of Hebrew Servants

If a Hebrew servant was ill for up to three years of his six-year term, he is not obligated to make up.

What is the worth of severance gifts that a master must give to his departing servant? Three kinds of goods: sheep and goats, grain, and wine, for the total worth of thirty selah (equal to the penalty for goring a Canaanite slave), approximately $6,000.

A Hebrew servant serves out his term under the master's son but not his daughter or any other inheritor. A Hebrew maidservant is free if her master dies, and does not serve anybody.

Kiddushin 16 - How Hebrew Servant Regains His Freedom

A Hebrew servant sold by the courts can gain his freedom back in one of four ways:

• completion of six years of service;
• the onset of the Jubilee year;
• paying his purchase price back to his master, minus the cash equivalent of the years already served;
• death of his master.

A Hebrew maidservant sold by her father, in addition to all the ways of a Hebrew servant, goes free when she reaches twelve years of age and has “signs of physical maturity” (two pubic hairs).

When a Hebrew servant or maidservant go free, they receive severance gifts.

Kiddushin 15 - Hebew Servant Can Marry a Non-Jewish Slave-Woman

There are four categories of Hebrew servants discussed in the Torah:

1. A man who steals and can not repay, who is sold by the courts in order to pay the one he robbed;

2. A girl under the age of twelve who is sold by her father;

3. A man who sells himself because of his poverty;

4. A Jew who sells himself to a gentile.

A servant sold by the court can be given a Canaanite slave-woman in order to have children.

Even today there is a way for a mamzer (illegitimate) to have kosher children from a Canaantie slave-woman.

Kiddushin 14 - Why The Death of the Husband Sets the Wife Free

A married woman acquires herself back through death of her husband. Why?

1. Husband caused the prohibition, and he also removes it? No, because she is still forbidden to marry his son from the previous marriage or his father.
2. A widow is forbidden to the Chief Priest, so she must be allowed to marry everyone else? No, perhaps she would still be transgressing a positive commandment.
3. When Jewish soldiers went to war, “And whichever man betrothed a wife and did not yet take her, let him return, lest he dies in battle and another man takes her” - is a valid proof.
   

Kiddushin 13 - Questionable Goods

A certain man betrothed a woman with a mat of myrtle twigs. After she accepted it, those present said to him, “But the mat is not worth a prutah!” He replied, “Let her become betrothed with the four coins which are wrapped inside." The woman retained the money. Is she betrothed?

Since her silence occurred after the money has been given, it is meaningless, and she is not betrothed.

If a man betrothed a woman with goods which he grabbed or stole from her, then, if they had previously agreed to marry one another, this betrothal is valid.

Kiddushin 12 - Betrothal with Correct Value

According to Beit Hillel, the minimum amount of money needed for Kiddushin is a small coin called a prutah. This does not mean the smallest coin in circulation. Rather, it is the value of one-half of a barleycorn of silver, and it is estimated anew each generation.

If a man betrothed a woman by handing her a date with a value of less than a prutah, there is still a possibility that in some place this date is worth more than a prutah. Therefore, he should repeat the Kiddushin with a definite value, or give her a Get.

Kiddushin 11 - How Much Money is Needed for Kiddushin?

Beit Shammai required for Kiddushin a minimum of a dinar, a coin with silver content equivalent to 96 grains of barley. What is their reason?

Self-esteem? - No, because then some would require more.

Is it because when Torah mentions Kesef (money), it means a silver coin? This withstands questioning.

Or is it because we compare a bride to a Jewish maidservant, who is redeemed by diminishing the price for years served, so she needs to start out with a dinar? This also withstands questioning.

The law follows Beit Hillel who require only a minimal coin (prutah, about 5 cents).

Kiddushin 10 - Ten Men Attack a Betrothed Virgin

If ten man anally cohabited with a betrothed virgin, she is still considered a virgin, and all ten are liable to stoning. If her groom does this, she is not a virgin.

In Kiddushin through copulation (not encouraged), does the initial stage or the complete penetration effect acquisition? Although adultery is committed at the initial stage, in Kiddushin the man's intention is for complete penetration, which therefore effects the acquisition.

Cohabitation for the sake of betrothal effects only the first stage of marriage, Kiddushin. The couple still needs the second stage (Huppah), formally bringing the wife into the husband's domain.

Purpose of the blog

Mistakes are completely mine, and final law can not be definitively deduced from the summaries. Have a great day!

Kiddushin 9 - Testing for Anger, Marrying for Wine

If a man gives $100 to a woman and says to her, “Become betrothed to me with this,” - and before his eyes she throws it into the sea or into fire, she is not betrothed. Might one think that, since she is obligated to repay, she agrees to marry but is testing him for anger management? - No!

A certain man was drinking wine in a shop and a woman came and said to him, “Give me a drink.” He said, “If I do, will you marry me?” She said, “Give it me!” - This means nothing and she is not betrothed.

Kiddushin 8 - Betrothal with Valuables

A man betrothed a woman by giving her a quantity of silk. He said, “Become betrothed to me with $2,000, and here is this silk as payment.” The silk was indeed worth $2,000. Does the woman, who is not an expert in appraisal, rely on his words and wholeheartedly commit herself in marriage? The prevailing ruling is that she does.

If a man said to a woman, “Become betrothed to me with $100,” but instead gave her an item as collateral, she is not betrothed. She did not receive the promised money, nor was collateral given as a gift.

Kiddushin 7 - Cash Flow

If a woman suggests to a man, “Give money to so-and-so and I will thereby become betrothed to you,” and the man gives the money as specified and says the formula, the woman becomes betrothed, through the principle of a guarantor. A guarantor of a loan, even though he does not personally receive the benefit, still binds himself to repay. So too she commits herself, in return for the money based on her say-so.

A special man who also never accepts gifts (none today) can marry a woman by giving her the pleasure of accepting her gift.

Kiddushin 5 - Terms of Endearment

How is Kiddushin brought about through money? When a man gives a women money or items worth money and says, “Behold, you are betrothed to me - Harei at mekudeshet li”, and she agrees, she is betrothed.

Anyone who does not know the laws of divorce documents and Kiddushin should have no dealings with them, for an unwitting error in the decision could prove intractable.

A woman can not be betrothed by forgoing the repayment of a loan. The loan is given for expenses, with the obligation to repay, thus he is not giving her anything of value at this moment.

Kiddushin 5 - Betrothal with a Document

A document is drafted by the man which proclaims that a woman is hereby betrothed to him. The Kiddushin is effected when the man gives the document to the woman.

Why? Because “And she will leave the first husband's house, and she will go and be a wife unto another man.” Since “leave” can be effected through a document, so too “be” can be effected through a document.

But if so, can divorce be effected with money? - No, because a defender cannot become an accuser. And while the documents would be different and distinct, money would be the same.

Kiddushin 4 - Money Effective for Betrothal - Another Source

Two sources are needed to prove that a father keeps both the earnings and the money of his minor daughter's Kiddushin. One might think that she does not work to receive Kiddushin money, and thus the father keeps it. Alternatively, one might think that the father feeds her, and thus keeps her earnings.

Another source why money is effective for Kiddushin is "When a man takes a woman", because Efron said to Avraham, "Take this field from me" - for money.

Efron's reincarnation was Aravna, who sold the location of the Temple to King David honestly and generously, correcting Efron's deed.

Kiddushin 3 - Money Effective for Betrothal

It is the way of a man to search after a wife, and not the other way around - similar to a person who lost a possession. Who searches after whom? The one that lost his possession searches for it.

Why can betrothal be effected with money, and furthermore, why does the father of a bride who is a minor keep the money? From the law of a Jewish servant girl who goes free at twelve - “free, without money” - we know that there must be another case “with money” - that is, Kiddushin, which is in general effective with money.

Kiddushin 2 - Ways to Acquire a Woman

A woman may be acquired in one of three ways and she acquires herself back in one of two ways.

She may be acquired through money, document of betrothal, or cohabitation. Two witnesses are needed to testify in case of money and document. In case of acquisition by cohabitation (which is not encouraged) the witnesses testify to the declared intention and to the seclusion.

She acquires herself back through a Get or through death of her husband.

Passive use of “she is acquired” as opposed to “he acquires” teaches that a woman can only be acquired willingly, and not against her will.

Gittin 90 (Conclusion) - Reasons for Divorce

Beit Shammai say, “A man may not divorce his wife unless he found in her an act of adultery.” Proof: “Because he found in her an adulterous matter.”

But Beit Hillel say, “Even if she burned his dish.” Proof: “Adulterous or any other matter.”

Rabbi Akiva says, “Even if he found another more attractive than her.” Proof: “And it comes to pass that she does not find favor in his eyes.

Despised by God is anyone who sends away his wife without a compelling reason.

Whenever anyone divorces his first wife, even the Temple Altar sheds tears on his account.

Gittin 89 - Rumors of Marriage

If a woman was rumored in town to be betrothed, she is treated as though she were betrothed, that is, she may not marry anyone except the man to whom she is rumored to be betrothed, unless he gives her a Get.

A rumor of marriage is recognized not by mere gossip, but when they say “We heard the rumor from so-and-so, and they heard it from so-and-so” and the court continued to investigate until they find two qualified witnesses who saw the betrothal feast and heard people say “So-and-so was betrothed today.”

Gittin 88 - Divorce Procured by Force

The "quickly" of the Master of the World is 852 years, because of the phrase "you will be aged (venoshantem=852) and you will be removed, quickly, from the Land."

Concerning a Get that was procured by force, if the coercion was applied by the Jewish court and the husband acquiesced, the Get is valid. But if the coercion was applied by a court of idolaters, the Get is invalid. However even in a court of idolaters, they may beat the husband and tell him "Do what which the Jewish court tells you to do!" and the Get is valid.

Gittin 87 - Group Divorce

If two men sent two identical Gittin to their wives through an agent (the names of the husbands and their wives being identical), and the Gittin were confused by the agent, he must give both Gittin to both women.

If five men wrote a common text in the Get, namely, "I, so-and-so, am divorcing my wife, so-and-so, etc.," the Get is valid for all five couples, and it should be given to every one of the women named in it to effect her divorce.

Gittin 86 - Three Gittin are Invalid

Three Gittin are invalid, but if she married on their basis anyway, the child she has from the second marriage is legitimate: a Get that the husband wrote in his own handwriting but there are no witnesses signed on it; a Get that has no date recorded on it; a Get that has has only one witness signed on it.

Rabbi Elazar says, “Even though there are no witnesses signed on the Get, but he gave it to her in the presence of witnesses, it is valid, for witnesses sign on the Get only for the benefit of society.”

Gittin 85 - Get with Unusual Conditions

If one gives his wife a Get and says, “You are hereby permitted to any man except to my father or your father,” or “to a slave or an idolater,” the divorce is valid, since her marriage to any of these man would not be binding.

But what if the husband makes a condition that she can not marry a particular minor? Now the minor can not marry, but eventually he will become adult. By comparison with a minor girl who can divorce because eventually she will marry as adult, the Get above is declared not complete separation, thus void.

Purpose of the blog

Mistakes are completely mine, and final law can not be definitively deduced from the summaries. Have a great day!

Gittin 84 - Giving Wives as Gifts

If a man gives his wife a Get on condition that she marries so-and-so, she should not marry so-and-so, because it looks like giving wives as gifts. If she does marry, she need not divorce. She should not marry others, because this may invalidate the Get.

"On condition that you have relations with so-and-so" is valid, because she can bribe him to marry her for a time. "On condition that you have relations with my father, or your father" is not valid, because she can not bribe the father, so it is to vex her and the Get is valid.

Purpose of the letter

Mistakes are completely mine, and final law can not be definitively deduced from the summaries. Have a great day!

Gittin 83 - No Strings Attached to the Get!

Rabbi Eliezer validated a Get with a condition "You are permitted to marry any man but so-and-so." Rabbi Eliezer’s learning was supreme, but after his death many Rabbis got together to disprove this teaching of his. However, all but one of their rebuttals had potential flaws.

The undisputable proof came from Rabbi Elazar ben Azaria. He deduced the requirement of complete severance from the term that the Torah used, "Kritut," as opposed to a possible shorter word "Karet." This, according to Rabbi Elazar Ben Azaria, teaches that temporary conditions in the Get are valid, but permanent are not.

Gittin 82 - Get is Complete Severance

To be effective, a Get must totally sever the marital relationship between the husband and the wife.

If one divorces his wife and says to her, “You are hereby permitted to any man but so-and-so”, she is not divorced. What should he do? He should take the Get from her and give it to her again, and say to her, “You are hereby permitted to any man.”

But if he wrote this restriction into the Get itself, although he later erased it, the Get is invalid, since it never was a “document of severance.”

Gittin 81 - Change of Mind about the Get

If one wrote a Get for his wife, and then changed his mind before delivering the Get, Beit Shammai say that she is somewhat like a divorcee and can not later marry a Kohen.

However, Beit Hillel say that even if he gave her a Get conditionally and the condition was never met, she can still marry a Kohen if her husband dies.”