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: 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.
הִתְקַדְּשִׁי לִי בְכוֹס זֶה שֶׁל יַיִן, וְנִמְצָא שֶׁל דְּבָשׁ. שֶׁל דְּבָשׁ, וְנִמְצָא שֶׁל יַיִן. בְּדִינָר זֶה שֶׁל כֶּסֶף, וְנִמְצָא שֶׁל זָהָב. שֶׁל זָהָב, וְנִמְצָא שֶׁל כֶּסֶף. עַל מְנָת שֶׁאֲנִי עָשִׁיר, וְנִמְצָא עָנִי. עָנִי, וְנִמְצָא עָשִׁיר, אֵינָהּ מְקֻדֶּשֶׁת. רַבִּי שִׁמְעוֹן אוֹמֵר, אִם הִטְעָהּ לְשֶׁבַח, מְקֻדֶּשֶׁת: 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.
עַל מְנָת שֶׁאֲנִי כֹהֵן, וְנִמְצָא לֵוִי. לֵוִי, וְנִמְצָא כֹהֵן. נָתִין, וְנִמְצָא מַמְזֵר. מַמְזֵר, וְנִמְצָא נָתִין. בֶּן עִיר, וְנִמְצָא בֶן כְּרַךְ. בֶּן כְּרַךְ, וְנִמְצָא בֶן עִיר. עַל מְנָת שֶׁבֵּיתִי קָרוֹב לַמֶּרְחָץ, וְנִמְצָא רָחוֹק. רָחוֹק, וְנִמְצָא קָרוֹב. עַל מְנָת שֶׁיֶּשׁ לִי בַת אוֹ שִׁפְחָה גַדֶּלֶת, וְאֵין לוֹ. אוֹ עַל מְנָת שֶׁאֵין לִי, וְיֶשׁ לוֹ. עַל מְנָת שֶׁאֵין לִי בָנִים, וְיֶשׁ לוֹ. אוֹ עַל מְנָת שֶׁיֶּשׁ לִי, וְאֵין לוֹ. וּבְכֻלָּם, אַף עַל פִּי שֶׁאָמְרָה, בְּלִבִּי הָיָה לְהִתְקַדֵּשׁ לוֹ, אַף עַל פִּי כֵן, אֵינָהּ מְקֻדֶּשֶׁת. וְכֵן הִיא שֶׁהִטְעַתּוּ: 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.
הָאוֹמֵר לִשְׁלוּחוֹ, צֵא וְקַדֵּשׁ לִי אִשָּׁה פְלוֹנִית בְּמָקוֹם פְּלוֹנִי, וְהָלַךְ וְקִדְּשָׁהּ בְּמָקוֹם אַחֵר, אֵינָהּ מְקֻדֶּשֶׁת. הֲרֵי הִיא בְמָקוֹם פְּלוֹנִי, וְקִדְּשָׁהּ בְּמָקוֹם אַחֵר, הֲרֵי זוֹ מְקֻדֶּשֶׁת: 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.
הַמְקַדֵּשׁ אֶת הָאִשָּׁה עַל מְנָת שֶׁאֵין עָלֶיהָ נְדָרִים וְנִמְצְאוּ עָלֶיהָ נְדָרִים, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ עָלֶיהָ נְדָרִים, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. עַל מְנָת שֶׁאֵין עָלֶיהָ מוּמִין וְנִמְצְאוּ בָהּ מוּמִין, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ בָהּ מוּמִין, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. כָּל הַמּוּמִין הַפּוֹסְלִים בַּכֹּהֲנִים, פּוֹסְלִים בַּנָּשִׁים: 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.
הַמְקַדֵּשׁ שְׁתֵּי נָשִׁים בְּשָׁוֶה פְרוּטָה, אוֹ אִשָּׁה אַחַת בְּפָחוֹת מִשָּׁוֶה פְרוּטָה, אַף עַל פִּי שֶׁשָּׁלַח סִבְלוֹנוֹת לְאַחַר מִכָּאן, אֵינָהּ מְקֻדֶּשֶׁת, שֶׁמֵּחֲמַת קִדּוּשִׁין הָרִאשׁוֹנִים שָׁלַח. וְכֵן קָטָן שֶׁקִּדֵּשׁ: 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.
הַמְקַדֵּשׁ אִשָּׁה וּבִתָּהּ אוֹ אִשָּׁה וַאֲחוֹתָהּ, כְּאַחַת, אֵינָן מְקֻדָּשׁוֹת. וּמַעֲשֶׂה בְחָמֵשׁ נָשִׁים וּבָהֶן שְׁתֵּי אֲחָיוֹת, וְלִקֵּט אֶחָד כַּלְכָּלָה שֶׁל תְּאֵנִים, וְשֶׁלָּהֶם הָיְתָה וְשֶׁל שְׁבִיעִית הָיְתָה, וְאָמַר הֲרֵי כֻלְּכֶם מְקֻדָּשׁוֹת לִי בְכַלְכָּלָה זוֹ, וְקִבְּלָה אַחַת מֵהֶן עַל יְדֵי כֻלָּן, וְאָמְרוּ חֲכָמִים, אֵין הָאֲחָיוֹת מְקֻדָּשׁוֹת: 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.
הַמְקַדֵּשׁ בְּחֶלְקוֹ, בֵּין קָדְשֵׁי קָדָשִׁים בֵּין קָדָשִׁים קַלִּים, אֵינָהּ מְקֻדֶּשֶׁת. בְּמַעֲשֵׂר שֵׁנִי, בֵּין שׁוֹגֵג בֵּין מֵזִיד, לֹא קִדֵּשׁ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, בְּשׁוֹגֵג לֹא קִדֵּשׁ, בְּמֵזִיד קִדֵּשׁ. וּבְהֶקְדֵּשׁ, בְּמֵזִיד קִדֵּשׁ וּבְשׁוֹגֵג לֹא קִדֵּשׁ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, בְּשׁוֹגֵג קִדֵּשׁ, בְּמֵזִיד לֹא קִדֵּשׁ: 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.
הַמְקַדֵּשׁ בְּעָרְלָה, בְּכִלְאֵי הַכֶּרֶם, בְּשׁוֹר הַנִּסְקָל, וּבְעֶגְלָה עֲרוּפָה, בְּצִפֳּרֵי מְצֹרָע, וּבִשְׂעַר נָזִיר, וּפֶטֶר חֲמוֹר, וּבָשָׂר בְּחָלָב, וְחֻלִּין שֶׁנִּשְׁחֲטוּ בָעֲזָרָה, אֵינָהּ מְקֻדֶּשֶׁת. מְכָרָן וְקִדֵּשׁ בִּדְמֵיהֶן, מְקֻדֶּשֶׁת: 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.
הַמְקַדֵּשׁ בִּתְרוּמוֹת וּבְמַעַשְׂרוֹת וּבְמַתָּנוֹת וּבְמֵי חַטָּאת וּבְאֵפֶר חַטָּאת, הֲרֵי זוֹ מְקֻדֶּשֶׁת, וַאֲפִלּוּ יִשְׂרָאֵל: 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.