Sunday, November 30, 2008

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 

Saturday, November 29, 2008

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

Friday, November 28, 2008

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

Thursday, November 27, 2008

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

Wednesday, November 26, 2008

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

Tuesday, November 25, 2008

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

Monday, November 24, 2008

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

Sunday, November 23, 2008

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 

Saturday, November 22, 2008

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

Friday, November 21, 2008

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

Thursday, November 20, 2008

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

Wednesday, November 19, 2008

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

Tuesday, November 18, 2008

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

Monday, November 17, 2008

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

Saturday, November 15, 2008

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

Thursday, November 13, 2008

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

Wednesday, November 12, 2008

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

Tuesday, November 11, 2008

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

Monday, November 10, 2008

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

Sunday, November 9, 2008

Kiddushin 32 - Difference Between Honor and Reverence Towards one's Parents

What is proper reverence for one's parents, and what is adequate honor?

Reverence means that the son may not sit in his father's place; he may not contradict his father in words in his presence – but he may offer challenges to his father's position until a conclusion is reached.

Honor means that he must give his father food and drink, dress and cover him, bring him in, and take him out.

The same applies to his mother.

The son is not required to pay for his parents' needs out of his pocket but merely to expend the effort.

Art: The Artist's Father, Reading "L'Événement" by Louis-Auguste Cézanne

Saturday, November 8, 2008

Kiddushin 31 - Honoring one's Parents

Rabbi Tarfon had an elderly mother whom he treated with such respect that whenever she wanted to climb into bed, he would bend down, and she would climb on him into it; whenever she descended, she would descend on him to reach the floor.

Rabbi Tarfon came and lauded his own performance of the mitzvah to his colleagues in the study hall. They told him: You have not yet reached half of the honor one can bestow upon his parents. Has your mother ever thrown a bag of money into the sea in your presence, and you did not shame her?

Art: Portret van Rembrandts moeder by Gerrit Dou

Friday, November 7, 2008

Kiddushin 30 - Teaching Torah to one's Grandchildren

Rabbi Chiya bar Abba encountered Rabbi Yehoshua ben Levi, who had hurriedly thrown a sheet upon his head and was bringing his grandchild to the synagogue for this Torah lesson. He asked, "What is all this rush about?"

Rabbi Yehoshua ben Levi replied,  - is it a small thing to fulfill that which is written in the Shema prayer, "You shall make them known to your children and grandchildren," and next to this, "The day that you stood before Hashem your God at Chorev?" We see from here that teaching Torah to one's grandchild is tantamount to receiving Torah at Sinai.

Art: Moses On Mount Sinai by Jean-Leon Gerome

Thursday, November 6, 2008

Kiddushin 29 - Things that father has to do for his son

The father's obligations that involve his son are: to circumcise him, to redeem him if he is a firstborn (by paying fives coins to a Kohen), to teach him Torah, to take a wife for him (that is, to help him find a wife and assist him in preparations for marriage) and to teach him a craft. Some say the father must teach him to swim in the water.

Rabbi Yehudah says, "Anyone who does not teach his son a craft has taught him banditry. Talmud: "Can you really think so? - Rather, as if the father taught him banditry."

Art: Insulted Jewish Boy by Ivan Nikolaevich Kramskoy

Wednesday, November 5, 2008

Kiddushin 28 - Slander


The courts once had this power that if one called another a slave, he would be put under a ban, and if he called him a "mamzer" (bastard), the courts could flog him.

If one calls another a bad person (Rasha), courts do not get involved, but the one slandered can compete with the offender in business, even unfairly. What about the law of not taking revenge? It does not apply if one is hurt or humiliated in public. However, since it is uncertain if the above ruling is accepted, one should refrain from revenge even in this situation.

Art: A Prize Fight, From the National Sports Of Great Britain

Tuesday, November 4, 2008

Kiddushin 27 - Acquiring Movable Properties

While acquiring a field "by dint of," one may also specify the acquisition of movable properties, wherever they may be, in which case no additional act of acquisition is required.

In the same way, one may combine the sale of land with the gifting of movables. The land may even be sold to one person, while the gift of movables goes to the other.

In all these cases, complete money payment must be made before the movables are acquired.

"Devolving of the oath" happens when the Torah requires an oath for one item and a related item requires an oath by devolving.

Art: The Money Counter by Pompeo Massani

Monday, November 3, 2008

Kiddushin 26 - Methods of Acquisition

A large animal (cow or horse) is acquired by handing over its reins, and a small animal (sheep) by drawing it near.

Rabbi Shimon says that only lifting the animal acquires it. Then how does Rabbi Shimon acquire elephants? By having them step on bundles of vines.

Real property may be acquired using money, a document, or a proprietary act such as locking the gate. Movable property may be acquired only by "drawing it near." To protect buyers, the Rabbis abrogated the power of money to acquire so that sellers would guard the sold goods after receiving the money.

Art: Royal Elephant At The Gateway To The Jami Masjid Mathura by Rudolf Ernst  

Sunday, November 2, 2008

Kiddushin 25 - Cold Fish

The elders of Nezonia did not attend Rav Chisda's lecture. He said to Rav Hamnuna, "Go place a ban on them."

Rav Hamnuna went and asked them, "Why didn't you go to the lecture?" They said, "When we asked him a question, he did not resolve it." Rav Hamnuna said, "Ask me any question." They asked, "A slave whose master emasculated him in his testicles, is it treated as an exposed blemish, in which case the slave goes free, or not?"

Rav Hamnuna did not know. So they said, "You are not Khamnuna (hot fish) but Karnuna (cold fish).

A Fishmonger by Quiringh Gerritsz. van Brekelenkam

Kiddushin 24 - How Can Canaanite Slave Become Free?

A Canaanite slave goes free if someone gives money to his master on the condition that the slave should be free. Another way is to provide cash to the slave so that he can use it to free himself.

Suppose a Canaanite slave was already circumcised and immersed in a Mikveh, and the master knocks out his tooth, takes out his eye, or inflicts damage on any of 22 other extremities. In that case, the slave goes free, and the courts force his master to write a document of emancipation for him.

Art: Two tax collectors by MARINUS VAN REYMERSWAELE