Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

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CHAPTER II.

§ 1. A man may betroth a woman either personally or by his proxy, and a woman may also be betrothed either personally or by her proxy. A father may likewise betroth his daughter while she is a minor [‏נערה‎] either personally or by his proxy. If a man said to a woman [offering her several dates at the same time], "Be thou betrothed unto me with this date"—"Be thou betrothed unto me with this." If among these dates there is any single one worth a Prutha she is betrothed, but not otherwise; but should he have said,

With this, and this, and this," she will be betrothed if all these dates have the aggregate value of a Prutha, but not otherwise; but if, meanwhile, she eat some of them, she will only then be betrothed if among the last dates [he gave her] there was one worth a Prutha.

§ 2. [Should a man say to a woman] "Be thou betrothed unto me with this cup of wine," and it was found to be honey, or if he said "honey," and it was found to be wine; or, "with this silver denarius," and it was found to be a golden one; or, "with this golden one," and it was found to be silver; or, "on condition that I am rich," and he was found to be poor; or, "that I am poor," and it was subsequently ascertained that he was rich, she is not betrothed. R. Simeon, however, says, "If the error or deception was in her favor the betrothing is valid."

§ 3. If he said, "On condition that I am a priest," and the is a Levite, or the reverse; "That I am a Netin," 1 and he is found to be a bastard, or the reverse; "That I live in a small town," and it is afterwards discovered that he lives in a large town, or the reverse; "That my house adjoins the public baths," and it is found situate remote from it, or the reverse; "That I have a daughter or bondwoman who understands the dressing of hair," and it was found that he had not such a one, or the reverse; "That I have no children," and it is found that he has, or the reverse: in all these cases the betrothing will be void, even though the woman declares she was resolved to be betrothed to the man, notwithstanding his misrepresentation. The above also applies in case the misrepresentation proceeded from the woman.

§ 4. If a man says to his proxy, "Go and betroth for me the woman A.B., in the city C.," and he [the proxy] went and betrothed

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her elsewhere, the betrothment is void; but if he only said, "She is in the city C.," and the proxy betrothed her elsewhere, the betrothing is valid. 2

§ 5. If a man betrothed a woman on condition that she is not subject to any vow, and afterwards ascertains that she is, the betrothment is void. If he married her on the tacit understanding of the non-existence of such vows, and they are found to exist, he may divorce her, and is not bound to pay her the amount of her marriage contract. If [he betrothed her] on condition that she has no bodily defects, and she was found to have them, the betrothing is void. If he married her on a tacit [understanding of the non-existence of such defects], he may divorce her and is not bound to pay her the amount of her marriage contract. The same corporeal blemishes which disqualify a priest 3 do also disqualify females for marriage.

§ 6. If a man betrothed two females with the value of a Prutha, 4 or one woman with something of less value than a Prutha, the betrothment is void, even though afterwards he sent her many bridal presents, because these presents were only sent on the [supposed validity of the] previous betrothment. It is even so when a minor has thus betrothed a woman.

§ 7. If a person betrothed a mother and daughter at the same time, or two sisters at the same time, the betrothment is void [for either]. It happened once, that a man was gathering figs in a basket for five women, two of whom were sisters. The figs did indeed belong to the females, 5 but it was fruit of the Sabbatical year. 6 The man said, "All of ye shall be betrothed unto me with this." One of the females went and accepted the basket for all the others. The sages then decided "That the betrothment was void, as far as regarded the sisters."

§ 8. When a priest betrothes a woman with his share in the most holy sacrifices, or with that of sacrifices sacred in a minor degree, the betrothment is void. 7 Also, according to R. Meir, "If he betrothed a woman either knowingly, or through error, with his share in the second tithe." 8 The betrothment is void, according to R. Jehudah,

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if he did it inadvertently, but valid, if he did it wilfully. 9 If he used consecrated things, the betrothment is valid, according to R. Meir, if he used them wilfully for that purpose, but void, if he used them through inadvertence. R. Jehudah saith, "If he used them through error, the betrothment is valid, but it is void, if he used them thus wilfully."

§ 9. When a person uses for the purposes of betrothment fruits of "Orlah," or "Kilaim" of the vineyards; or with an ox condemned to be lapidated [Exod. xxi. 29]; or with a calf whose neck is to be struck off [Deut. xxi]; or with the offering of birds of the leper; or with the hair of a Nazarite; or with the firstling of an ass [Exod. xiii. 13]; or with meat boiled in milk; or with the flesh of animals slaughtered for profane use in the temple-court: such betrothment is void; 10 but if he sold the mentioned articles, and used their proceeds for this purpose, the betrothment is valid.

§ 10. When a person betrothes a woman with heave, or with tithe, or with the oblations due to the priest, 11 or with the waters of expiation, or with the ashes [of the red heifer], she is duly betrothed, even when tine man is an Israelite. 12

Footnotes

310:1 See Treatise Yebamoth.

311:2 Vide Treatise Gittin, chap. VI. § 3.

311:3 Leviticus, chap. xxi.

311:4 See Treatise Ketuboth, chap. VII. 7.

311:5 It is necessary that the article given as a betrothment should be the man's property.

311:6 The produce of the fields are then common to all.

311:7 Because they were only given to the priests to eat, and not to be applied in any other way.

311:8 Because he profaned sacred things wilfully, by using them for this purpose.

312:9 R. Jehudah does not consider it a profanation of sacred things, to apply them for the purpose of betrothment.

312:10 Because it is unlawful to derive any benefit from the mentioned things.

312:11 Viz. the shoulder, the two cheeks, and the maw of the sacrifice.

312:12 And inherited them from a deceased maternal grandfather, who had been a priest.