Bava Kamma 3 - All Damages Are Not Equal (Torts)

Goring (using horns) is unique in that the ox's intent is to damage, and the ox is the owner's property who needs to watch it; its subcategories include squatting and kicking.

Eating (tooth) is unique in that the animal's intent is for self-gratification; its subcategories include an animal scratching against the wall or soiling fruit by frolicking on it.

Do subcategories have the same laws as the main damages? Mostly yes, except in a case where a cow was walking, and a pebble shot from under its foot and broke vessels, for which the owner pays only half the damages.

Art: A Short-Horned Heifer, Engraved By William Ward Dartington

Bava Kamma 2 - Four Categories of Damages (Torts)

There are four primary categories of damages, and all other cases can be classified as belonging to one of these: the ox, the pit, the man, and the fire.

Liability for one can not be deduced from the other. For example, a man is responsible in full for even accidental damage, while the owner of an ox is liable for half the damage the first three times; a fire isn't alive, and a pit doesn't move around.

However, since they can all cause damage, the owner is responsible for watching over them and paying damages from the choicest land.

Art: Heads of Two Oxen by Leon Augustin L'Hermitte

Kiddushin 82 - Conclusion

Rabbi Meir says: "One should always teach his son a clean and easy trade, and he should pray to He to Whom all wealth and possessions belong because there is no trade that does not include indigence and wealth. For poverty is not the result of a trade, nor is wealth the result of a trade; rather, all is per one's merit."

Rabbi Nehorai says: "I put aside every trade in the world, and I teach my son only Torah, for a man benefits from its reward in this world, and the principal remains for him in the World to Come."

The mystical meaning of Kiddushin

The bride is symbolic of Tzedek - righteousness and also of being poor. When given a coin - a prutah - the minimum amount for giving, she symbolizes Tzedakah, charity. She then turns her face to the groom, and this face-to-face meeting, symbolic of God talking to Moses, prepares them for the honor of Chupah.

Art: Bricklayers, From A Series Depicting Trades And Professions by Jan Georg van Vliet

Kiddushin 81 - Don't Scoff at Sinners

Rabbi Akiva was accustomed to scoffing at sinners because he felt it was simple to overcome the temptations of the Evil Inclination if only one desired to do so.

One day Satan appeared to him disguised as a woman, perched atop a palm tree. Rabbi Akiva began to climb to meet "her." When he reached the middle, Satan released him from his grip and said: "Had they not proclaimed in Heaven - 'Be cautious of Rabbi Akiva and his Torah,' - I would have made your life worthless."

Students of Shmuel were careful not to be alone with an animal, but this is usually not required.

Art: Ridolfo Ghirlandaio - Adoration Of The Shepherds

Kiddushin 80 - Seclusion with a Woman

A man may not be secluded even with two women (and certainly not with one) because a woman may hope that her female companion can be convinced to duplicate her act - following the teaching that women's minds are easily swayed.

One may be secluded with two women if his wife is present, and he may even sleep in the same room as them in an inn.

A woman may be secluded with two men if they are of high moral character, but if they aren't, then even with a group of ten, it is not permitted.

Art: Portrait of Caterina Cornaro, Wife of King James II of Cyprus by Titian

Kiddushin 79 - Agent and Father Find Husband for Daughter

If a minor girl's father commissioned an agent to find a husband for her and accept the betrothal money, and the father himself then went and betrothed her to someone, then if the father's betrothal occurred first, it is valid. If the agent's betrothal occurred first, then it is the one that is valid.

If it is unknown whose betrothal occurred first, she can only marry another man if both give her a Get. And if they want, one can give her a Get, and the other can marry her.

Art: Alphonse Daudet & his Daughter by Eugene Carriere

Kiddushin 78 - Parents Testify About Children

If a Kohen cohabits with his sister, he renders her a zonah (someone who engaged in an illicit relationship that is forbidden to her), but he does not render her a chalalah (someone whose child loses Kohanic sanctity). However, if he cohabits with her again, he renders her a chalalah.

If one testifies that his son is a mamzer, and even if both parents say this about a fetus, they are not believed because a man can not testify against himself. But Rabbi Yehudah says that they are believed because a man is believed to say, “This is my first-born son,” and so also about a mamzer.

Art: Child Drinking Milk by Mary Cassatt

Kiddushin 77 - Kosher Kohen

A child born from a union between a Kohen and a woman who is forbidden to him due to his status as a Kohen is not imbued with Kohanic sanctity. He may not perform the Temple service and is not subject to the prohibition against going to the cemetery.

Women prohibited to a Kohen include a divorcee, a convert, and a woman who cohabited with any man whom she is Biblically forbidden to marry.

If a male convert marries a female convert, their daughter is allowed to marry a Kohen.

Art: A Conversation Piece by Lilly Martin Spencer

Kiddushin 76 - Checking the Family Line

A Kohen who wishes to marry a daughter of a Kohen must examine the status of her ancestors: her mother and the mother of her mother, the mother of her mother's father and her mother, the mother of her father and her mother, the mother of her father's father and her mother - but only if there is some evidence of a blemish.

If in that line he finds a Kohen who served at the Altar, or a member of the Sanhedrin, or a public official, or a charity collector, the investigation stops. The latter two are often involved in quarrels, so any blemish in their genealogy is already known.

Art: Four Breton Women At The Seashore by Charles Cotteto

Kiddushin 75 - Those Whose Prohibitions are Uncertain

Rabbi Eliezer says: “Those whose prohibitions are uncertain, such as children born out-of-wedlock from unknown father and foundlings, can not marry each other or those whose prohibitions are certain.” However, the law is not like this but is like the Mishna, which states that they are allowed to marry each other.

Two opinions about Cutheans (dwellers of Shomron): that they were insincere converts driven by fear of lions, and the special Kohamin who mixed with them were unfit, or that they were sincere converts and the special Kohanim among them were the best.

Art: The Lions by Paul Rose

Kiddushin 74 - Who Is To Be Believed

The seller is believed when he states, "I sold the item to this person, and the other person gave me the money against my will" - all the time that the merchandise is still in his possession.

A midwife is believed to tell us who is the firstborn – but only immediately after birth; his mother is believed for the first seven days of his life; his father is always believed because of “...shall recognize the firstborn.”

A mother of a child born out of wedlock is believed if she says that she cohabited with a person who is genealogically fit.

Art: A Woman with her Baby in her Lap by Pieter de Hooch

Kiddushin 73 - Whom Can a Convert Marry?

Rava lectured in Mechuza: "A convert is permitted to marry a daughter of a Kohen." The people of Mechuza loaded him with fine silks. He then taught them: "A convert is permitted to marry a woman who is a mamzer." They told him, "You have ruined the effect of the first statement you made."

Shetuki (his unmarried mother silences him when asked about the identity of his father) should not marry an Israelite of unblemished lineage. Even though he is Kosher, since most of the men who might have been his father are Kosher, this is an additional measure to protect genealogical purity.

Art: Edwin Lord Weeks - The Silk Merchants

Kiddushin 72 - Generations

When R' Akiva died, Rebbi was born. When Rabbi died, Rav Yehudah was born. When Rav Yehudah died, Rava was born. When Rava died, Rav Ashi was born. This teaches you that a righteous person does not depart from the world until another righteous person like him is born, as it is said, "And the sun rises, and the sun sets..." 

Mamzerim will be genealogically pure in the Messianic Era because "I will cast pure water on you, and you will be purified from all your impurities, and from all your defilements, I will purify you."

Art: Cardinal Mazarin at the Deathbed of Eustache Le Sueur by Alexandre Evariste Fragonard

Kiddushin 71 - Family Conflict

Rav Yehudah needed help finding a genealogically fit wife for his son. Ulla asked him, - do we know from where we come? We might be descended from those "...who lie upon beds of ivory and defile their couches." Instead, go after silence, that is, find a family whose members are quiet and peaceable.

If you see two families in conflict with one another, you can assume that there is some genealogical flaw in one of them, and because of that flaw, Heaven will not allow one of them to cleave to the other.

Art: A Peaceful Moment by Charles Baugniet

Kiddushin 70 - Whoever Calls Others Unfit is Himself Unfit

Whoever declares others to be genealogically unfit is himself genealogically unfit, never speaks in praise of others, and declares them unfit with his own blemish.

A man in Pumbedita offended Rav Yehuda. The man used to call other people slaves. Rav Yehuda excommunicated him and pronounced him a slave. In the court of Rav Nachman, Rav Yehudah explained that he pronounced the man slave because he called others slaves. Usually, this only allows one to suspect, but on that day, Rav Matna, who had not visited Pumbedita for 13 years, came and confirmed that the man was a slave, and more blemishes were discovered.

Art: Karoly Ferenczy - Joseph Sold Into Slavery By His Brothers

Kiddushin 69 - Ten Genealogical Classes

According to Rabbi Tarfon, a mamzer can marry a slave woman, have children with her who get her status of slaves, then free them, and they become free Jews and not mamzerim. However, Rabbi Eliezer says that the children are still mamzerim.

Ten genealogical classes went up from Babylonia to Israel: Kohanim, Leviim, Israelim, Chalalim (disqualified Kohanim), converts, freed Canaanite slaves, mamzerim (illegitimate), Netinim (Gibeonites), Shetukim (whose mother silences him about the father) and Asufim (foundlings, or ones gathered in).

Kohanim, Levvim, and Yisraelim are permitted to marry each other. Leviim, Israelim, chalalim, converts, and freed slaves are allowed to marry each other.

Art: A Children's Party by Walter Frederick Osborne

Kiddushin 68 - Marriage with Gentiles

From where do we know that Kiddushin does not take effect with a gentile? - "You shall not make marriages with them."

From where do we know that her offspring is non-Jewish like her? - "For he will turn your son away from Me, and they will serve other gods." Thus your grandson who comes from your Jewish daughter is called your son, but your grandson who comes from a heathen woman is not called your son; instead, he is considered her son.

Art: Grandfather's Pleasure by Louis Henry Charles Moeller

Kiddushin 67 - Offspring

In every case where betrothal takes effect, and the Torah did not prohibit marriage, the offspring follows the male. If a Jewish woman was married to a Kohen, Levi, or Yisrael, the son is like the father.

In every case where betrothal takes effect, even though the marriage is prohibited, the offspring follows the blemished party. A woman mamzer married to a Jew or a Jewess married to a mamzer - the child is a mamzer.

In every case where marrying is prohibited to the degree that betrothal does not even take effect, the offspring is a mamzer. Thus, mamzer (literally, "defective seed") is an offspring from any one of the forbidden relations in the Torah, such as a married woman with another man (married or unmarried). Mamzer is forbidden to marry anyone but a convert, and his or her child remains a mamzer.

Art: Jewish Scholars Debating by Josef Johann Suss

Kiddushin 66 - Credibility of Witnesses

If a single witness says to a person, "Your ox was sodomized," and it is, therefore, unfit to be a sacrifice, and that person remains silent, the witness is believed.

King Yannai was incited by Elazar Ben Po'ira against the sages of Israel. Yannai wore the golden plate of the High Priest, and one Sage protested that Yannai was an unfit Kohen. Elazar suggested killing all Sages. But what of the Torah? - Here it is in the corner; anybody who wants can learn! Yannai executed the Sages. And why was Yannai fit? The witnesses to his unfitness were later established as false witnesses.

Art: Two Standing Oxen by Jacob Jordaens

Kiddushin 65 - Disagreement about Who Betrothed Whom

If a man says to a woman: "I betrothed you," and she says: "You did not betroth me," - he is forbidden to marry her relatives (mother, sister, etc.), but she is permitted to marry his relatives.

If he says: "I betrothed you," and she says: "You did not betroth me, but rather you betrothed my daughter," - he is forbidden to marry the relatives of the mother, and the mother is permitted to marry his relatives; he is allowed to marry the relatives of the daughter, and the daughter is permitted to marry his relatives.

Art: Faustine by Maxwell Armfield

Kiddushin 64 - Older Daughters and Younger Daughters

If one has two groups of daughters from two wives, and he says: “I gave my eldest daughter in betrothal to a man, but I do not know if it was the eldest daughter of the older ones, or the eldest of the younger ones, or the youngest of the older ones - they are all prohibited from marrying other men, except for the youngest daughter of the younger ones – says Rabbi Meir.

Rabbi Yosi says they are all permitted to marry other men, except for the eldest of the older ones, for a man would not voluntarily put himself in a position of doubtful outcome.

Art: Daughters of the Earl Waldegrave by Paul Sandby

Kiddushin 63 - The Father of the Bride Has a Say

If a man says to a woman: "Become betrothed to me on condition that my father does not protest," and the father dies without protesting, the woman is betrothed. If the son dies, the father should protest retroactively so that the woman avoids levirate marriage.

If the father of a girl declared: "I gave my daughter in betrothal, but I do not know to whom," and a man came and said, ""I am the one," he is believed. If two men came, both of them should give a Get. If they wish, one gives a Get, and the other marries her.

Art: The Surprise by Charles Henry Tenre

Kiddushin 62 - Mistaken But Valid Betrothals And Those That Can't Happen Yet

If one betrothed a woman and subsequently said, "I thought that she was the daughter of a Kohen, but in fact, she is the daughter of a Levi," or vice versa, "I thought that she was poor, but in fact, she is rich," or vice versa - the woman is betrothed, because she did not mislead him.

Suppose one performs an act of betrothal and tells a woman, "Become betrothed to me after I convert to Judaism," or "after your husband dies," or "After your sister (my current wife) dies." In all these cases, she is not betrothed even after the specified event takes place.

Art: A Beggar Woman by Hugues Merle

Kiddushin 61 - Conditions

All stipulations (such as "I will marry you if you do this") must observe the following rules:

* They must be doubled, such as if yes, then.. and if no, then ...
* The stipulation must precede the act, that is, "If you do this, I will marry you..."
* The positive must precede the negative

This is learned from the conditions that Moshe set, "If the children of Gad and the children of Reuven will cross..." and "But if they will not cross..."

If these rules are not adhered to, the conditions are void. However, there are other opinions, and one better be careful.

Art: Torah Scribe by Artur Markowicz

Kiddushin 60 - Betrothal with Delayed Payment

A man said to a woman: "Become betrothed to me after thirty days," and someone betrothed her in the interim. When the thirtieth day arrives, the second betrothal remains effective and thus prevents the first one from going into effect.

If one says to a woman, “You are betrothed to me on condition that I will give you two hundred silver coins (about $10,000) – she is betrothed to him, provided that he pays. When he pays, she is betrothed to him retroactively from the first day. Therefore, if she accepted a betrothal from someone else in the interim, it is void.

Art: The Moneylender And His Wife (detail) by Quinten Metsys

Kiddushin 59 - Stealing the Bride

If one says to his fellow: "Go and betroth so-and-so to me," and the fellow went and betrothed her to himself, she is betrothed to this second person, though he has acted deceitfully.

Rav Gidel was negotiating to buy a piece of land, but Rav Abba bought it first. He wanted to give the land when informed, but Rav Gidel would not accept presents. The land was left for students' use and acquired the name "The Land of the Rabbis."

If one says to a woman, "Behold, you are betrothed to me after thirty days" (valid), and another man comes and betrothed her in the meantime, she is betrothed to the second man.

Art: A Flirtation by Vicente de Parades

Kiddushin 58 - Money from the Sale of Forbidden Objects

Money from the sale of forbidden objects listed previously is permitted for use, and betrothal with it is valid. Why?

Regarding idolatry, it says, "You shall not bring it into your house and become banned like it," which means that whatever you generate from the sale of idols is forbidden, but other money is permitted. But this may teach the rule, not an exception. - No, because there is another exception where money is forbidden: the fruit of the seventh year. Money from the sale of other items is permitted.

Art: Terracotta Idols Of Tabasco, From The Ancient Cities Of New Mexico, by Claude Joseph Desire Charnay

Kiddushin 57 - Sources for Benefit Prohibitions

Decapitated calf, used as atonement for murder, is forbidden for benefit and can not be used to betroth a woman - because it is compared to sacrifices, which are forbidden for benefit.

Why are the birds of a metsora forbidden for benefit? The procedure requires slaughtering one of them, then dipping the other one into the blood and letting it go free. It is performed outside the city but is compared to sacrifices inside the Temple, which are prohibited for benefit. The bird which is let free is afterward not prohibited for benefit, for the Torah would not create a stumbling block.

Art: Boy with Bird by Peter Paul Rubens

Kiddushin 56 - Betrothal with Items Forbidden For Benefit

If one betroths a woman with the fruits of the tree's first three years, with grains planted in a vineyard, with an ox that was condemned to be stoned, with a decapitated calf, with birds of a metzora, with hair of a Nazirite, with a firstborn male of a donkey, with a mixture of meat cooked with milk, with an unconsecrated animal slaughtered in the Temple Courtyard, she is not betrothed.

However, she is betrothed if he transgressed and sold any of these items and betrothed her with their payment.

Art: Burns and Highland Mary by Thomas Faed 

Kiddushin 55 - Animal Lost near Jerusalem

If an animal suitable for an offering was found between Jerusalem and Migdal Eder or at a similar distance (4 miles) from Jerusalem, males are treated as burnt offerings, and females are treated as peace offerings.

But males can also be peace offerings! - We treat them with the stringencies of both; thus, if someone steps forward and voluntarily obligates himself to the monetary value of the lost animal to redeem it, he needs to consecrate the value of both (Rabbi Meir).

Rabbi Yochanan: But redemption, though effective, is not allowed! - He waits for the animal to get a blemish and be redeemed.

Art: A Goat In A Meadow by Henriette Ronner-Knip

Kiddushin 54 - Misappropriation

If one betroths a woman with a second tithe (produce separated from the crops which must be brought to Jerusalem and eaten there), he has not betrothed her because the second tithe is not his but Divine property (accepted ruling of Rabbi Meir).

If one betroths a woman with property belonging to the Temple treasury, then, if he did this by mistake, the property first became his, and even though he committed misappropriation, the betrothal took effect. If, on the other hand, he did it knowingly, then the property remained consecrated, not his, and the betrothal did not work (accepted ruling of Rabbi Yehudah).

Art: The Dancing Couple by Gerard Ter Borg

Kiddushin 53 - Betrothal with a Priest's Portion of Sacrifices

If a priest betroths a woman with his portion of the sacrificial offering, whether most holy (such as burnt-offering and sin-offering) or an offering of lesser holiness (such as peace and thanks-offering), she is not betrothed. The portions allotted to the priest and the owner of the offering are not theirs but rather Divine property, which they are merely permitted to eat.

But it may be asked, how can a woman come into the Inner Temple courtyard to accept Kiddushin? Her father can accept her Kiddushin, she can appoint an agent, or she can force her way in!

Art: The Offering by Sir Thomas Francis Dicksee 

Kiddushin 52 - Betrothal with Stolen Goods

From the previous teaching about a man who betrothed five women with a basket of figs collected in the Sabbatical year and belonging to the women, we can draw three conclusions:

- One can betroth with the produce of the Sabbatical year, even though it is ownerless while it grows because collecting this produce is allowed;

- If one betroths with stolen goods, even if they are the bride's, the betrothal is invalid;

- A woman can become an agent of betrothal for another woman, even where she also becomes a rival wife.

Art: A Girl Carrying a Basket of Fruit on Her Head by Frederic Lord Leighton

Kiddushin 51 - Betrothal That Does Not Permit Cohabitation

Concerning Kiddushin that does not allow legal cohabitation, Abaye said: It is a valid Kiddushin; Rava said: It is not a valid Kiddushin.

Rava: "When a man shall take a wife and cohabit with her..." teaches my rule.

Abaye: If a man betroths one of two sisters and does not know which, she is betrothed. However, since he does not know which of the two is his wife, he must give both a Get. According to Rava, Kiddushin should not even take effect!

Rava answers: The man knew whom he betrothed. Thus, the Kiddushin took effect, and then they intermingled.

This is the "K" in the six cases abbreviated Y A L K G M, where the law follows Abaye against Rava.

Art: Family Portrait of a Boy and His Two Sisters, by Francois Flameng

Kiddushin 50 - Betrothal by a Liar

If a man says to a woman, "Become betrothed to me on condition that I am a Kohen," but he is found to be a Levi or the reverse - even if the woman later says, "In my heart, I intended to become betrothed to him nevertheless," - she is not betrothed. Unexpressed intentions are not recognized in Jewish law.

If one betroths a woman and her sister simultaneously, neither is betrothed.

There were five women, two of whom were sisters, and a man collected a basket of their figs and said, "You are all betrothed to me with this basket" - the sisters were not betrothed.

Art: Three Sisters - A Study in June Sunlight by Edmund Charles Tarbell

Kiddushin 49 - Betrothal with a Wrong Object

If a man says to a woman: "Become betrothed to me with this cup of wine," and the cup was found to contain honey or the other way around - she is not betrothed. Some people prefer wine, and some prefer honey.

Or, if a man asks a woman to become betrothed with a silver coin, and it was found to be made of gold, or the other way around - she is not betrothed. In some situations, she may need silver, and in some, gold. Rabbi Shimon says that if he promised a silver coin but gave a golden one, she is betrothed since he only mentioned silver "by way of example."

Ten measures of conversation descended to the world, and women took nine of them.

Art: A still life with a glass of wine, tazza, and a pewter plate by Hans van Sant

Kiddushin 48 - Betrothal with Loan Collection Rights or with Labor

If a creditor sells a note of indebtedness to his fellow and afterward forgives the debt - it is indeed forgiven. Therefore, if one betroths a woman by giving her a loan document for collection, she may fear that he will forgive the debt, and thus she does not wholeheartedly commit herself to the betrothal, which is therefore void.

If a woman handed a piece of gold to a craftsman and said to him: "Fashion for me anklets, earrings, or rings, and in return for your labor, I will become betrothed to you," - it is betrothal with a loan, which is invalid.

Art: Still Life Jewellery Casket by Andries Vermeulen

Kiddushin 47 - Betrothal with a Loan

If one betroths a woman with a loan, she is not betrothed, for a loan is given to be spent. Thus, a man cannot say to a woman, "I forgive you the loan, and with that money become betrothed to me," because at this time the money is hers. Instead, he can forgive her the loan and betroth her with the benefit she receives from no longer having to repay him.

If a man said to a woman, "Become betrothed to me with $100", but gave her only $1, she is betrothed, and the man must pay later.

Art: Girl Receiving a Letter by Gabriel Metsu

Kiddushin 46 - A Woman who Ate her Betrothal Gift

If one says to a woman: "Become betrothed to me with this date," then again, "Become betrothed to me with this date"; if either one of these dates has the value of a prutah, she is betrothed, and if not, she is not betrothed.

If he hands her the dates and says: "Become betrothed to me with this, with this, and with this," if there is the value of a prutah in all of them combined, she is betrothed.

If she was eating the dates one by one, she was betrothed only if one of them had the value of a prutah.

Art: Comiendo fruta by Pons Arnau Francisco 

Kiddushin 45 - Betrothal by a Minor without the Knowledge of Her Father

A minor who became betrothed without her father's knowledge requires a Get before she can marry another man, for the eventuality that her father has agreed to her betrothal and it became valid. She also requires "Refusal," a procedure where the minor says to her husband in court, "I do not want you anymore," in case her father has not agreed.

A certain man betrothed a minor by giving her a bundle of vegetables in the marketplace. Here we are not concerned that the father may acquiesce because betrothal was not done honorably.

Art: Fruit and Vegetable Seller by Frans Hals

Kiddushin 44 - Marriage and Divorce of a Minor

We have learned that a man may betroth his daughter when she is a Naarah (between 12 and 12.5 years of age).

Related teaching: a betrothed Naarah whose husband wishes to divorce her, either she or her father can receive her divorce bill (Get), and any girl unable to care for her Get cannot become divorced.

However, regarding kiddushin, her father accepts the kiddushin, and she can not.

Can a Naarah appoint an agent to accept her Get? - No - because she has less power than her father, who alone can appoint such an agent.

Art: Painter's daughters with a cat by Gainsborough

Kiddushin 43 - Is Killer for Hire Liable?

The agency is inapplicable in matters of transgression because of the principle of "The words of the Master and the words of the disciple, whose words should you obey?"

The two exceptions are misappropriation of Temple property and stealing and selling of an animal, for which the sender is liable.

If one says to his agent, "Go and kill a certain person," the agent is liable for the deed, while the one who sent him is exempt. Shammai says, "The one who sent him is liable" based on "...you have killed him with the sword of the Ammonites."

Art: A Murder by Cezanne

Kiddushin 42 - Division of an Inheritance

When orphans who are minors come before the court to divide the assets of their deceased father, the court appoints an administrator for each of them, just as leaders of the tribes who divided the land between the Jews entering Israel.

When the orphans become adults, they cannot protest the settlement, for if they indeed had such a right, what worth is there in the power of the court?

Brothers who divide an inheritance are like purchasers of their respective shares. Consequently, the transaction is void if they erred in estimating the value and the discrepancy is more than a sixth.

Art: The Sailor's Orphans by William Bigg

Kiddushin 41 - Marriage With the Help of an Agent

A man can betroth a woman either personally or through his agent. A woman can accept kiddushin and become betrothed personally or through her agent. A man may give his daughter in betrothal when she is a na'arah (under 12) either personally or through his agent. Performing betrothal, as well as any other mitzvah personally, is the preferred way.

From where in the Torah do we derive the legal concept of agency? From its use of "and he sends her" instead of a more direct, "and he divorces," we learn that both man and woman can appoint an agent.

Art: The Young Bride by Konstantin Jegorowitsch Makowski

Kiddushin 40 - Importance of Mitzvot

A certain noblewoman propositioned Rabbi Tzadok. He told her, "My heart is weak, and I can not do it. Is there anything to eat?" She said to him: "There is some non-kosher meat." He told her: "What is to be deduced from this? That whoever performs this eats this." 

She lit the oven and put the meat inside it. Rabbi Tsadok climbed up and sat inside the oven (he was allowed to sacrifice his life because of his great stature). She said to him: "Had I known that you regard the matter as so severe, I would not have bothered you."

Art: Marie de Medici by Alessandro Allora

Kiddushin 38 - Moses, Manna, and the Land of Israel

Moses said, "I am one hundred and twenty years old today." The extra word "today" teaches that God completes the years of the righteous ones. Moses was born and died on the 7th of Adar.

When Moses died, the manna ceased to descend from heaven, and the Jews subsisted on the manna, which was left in their vessels until the following Passover, thus making up 40 years of eating manna.

From "...and you shall proclaim liberty in the land," one might think it is only in Israel, but the extra "this is the Jubilee year" teaches that slaves are released everywhere.

Art: Moses by Moritz Oppenheim

Kiddushin 36 - Mitzvot From Which Women are Exempt

Although a Jewish man is not allowed to make a bald spot "between the eyes" and anywhere on the head to signify mourning for the dead, a Jewish woman may. This is derived by comparison with the tefillin, worn "between the eyes" and which women are not obligated to wear.

Most elements of the priestly service in the Temple apply to men who are Kohanim but not to women who are daughters of Kohanim because of "speak to the sons of Aharon" - and not to the daughters of Aharon.

Art: Solomon's Wall by Jean Leon Gerome

Kiddushin 35 - Women Are Obligated in Some Mitzvot but Exempt from Others

The negative commandments of the Torah apply equally to women and men. Even though the Torah says in many places, "Speak to the sons of Israel," the following phrase makes men and women equal: "When a man or a woman commits any sin that men commit."

Another phrase, "These are the ordinances that you shall set before them," equates a woman to a man in all monetary payment laws.

Women are exempt from the prohibition of cutting off peyot (corners of the hair on the head), and a daughter of a Kohen is allowed to visit a cemetery.

Art: The Cemetery Of Pere- Lachaise by John James Chalon

Kiddushin 34 - Women's Obligations to do Mitzvot

Women are not obligated to do mitzvot which are related to time, such as dwelling in a succah or hearing the shofar, although they observe these as a custom. They are also not obligated to learn those areas of the Torah which have no practical applicability nowadays.

Women are obligated to affix mezuzot to their doorposts because the Torah promises long life for it, and women need long life just as men do.

Women are obligated in all the negative commandments of Passover, such as not eating bread, and therefore all of the positive commandments of Passover, such as eating matzah.

Art: Milkmaid by Vermeer

Kiddushin 33 - Standing Up in Front of a Sage

"Before an old man you shall rise" - refers to a sage of any age or any man or woman older than 70, but not to a wicked or ignorant person. The Torah continues, "Fear your God," meaning one should not avert his eyes pretending he did not see the sage.

One is not obligated to suffer monetary loss by standing up in front of a sage; even so, one is obligated to stand up in front of a person bringing the first fruit to Jerusalem. Why is this? Because a mitzvah in its proper time is especially beloved.

Art: Paying Respects to His High Mightiness