Kiddushin, Daf Bet, Part 2
Introduction
The first couple of pages of Kiddushin are intensely interested in the particulars of the language of the Mishnah, and not in its content. Since the Geonic period (the period that immediately followed the Talmudic period), rabbis have known that these few pages were late additions to the Talmud, from a period they labeled the savoraic period. There is little historical information about this period.
גמ׳ האשה נקנית מאי שנא הכא דתני האשה נקנית ומ"ש התם דתני האיש מקדש
GEMARA. A woman is acquired. Why is it different here in that it states, a woman is acquired, and elsewhere it teaches A man betroths.
The Talmud asks why our mishnah uses the language of acquisition whereas other mishnayot use the language of betrothal (mekadesh) In other words, why not teach here a woman is betrothed?
משום דקא בעי למתני כסף וכסף מנא לן גמר קיחה קיחה משדה עפרון כתיב הכא (דברים כב,יג) כי יקח איש אשה וכתיב התם (בראשית כג,יג) נתתי כסף השדה קח ממני
וקיחה איקרי קניין דכתיב השדה אשר קנה אברהם
אי נמי שדות בכסף יקנו (ירמיה לב,מד) תני האישה נקנית
Because he wishes to teach money ; and from where is it derived that money [effects betrothal]? He derives it by connecting taking with the taking from the field of Ephron: Here it is written: When a man takes a wife (Deuteronomy 22:13); while it is written there: I will give you money for the field: take it from me (Genesis 23:13). And taking is called acquisition, for it is written, the field which Abraham acquired.
Alternatively, Fields, they shall acquire for money (Jeremiah 32:44).
Therefore, it teaches: a woman is acquired.
The word acquisition is used because the law that betrothal can be effected with money is derived from the use of the word taking in two contexts betrothal and the transfer of money when Abraham buys the field from Ephron. Since buying something is called an acquisition (two prooftexts are cited), taking a woman in betrothal is called, at least by this mishnah, acquisition.
וניתני התם האיש קונה מעיקרא תני לישנא דאורייתא ולבסוף תני לישנא דרבנן ומאי לישנא דרבנן דאסר לה אכולי עלמא כהקדש
Then let him teach there, A man acquires ? He [the Tanna] first taught Biblical language, but subsequently, rabbinic language. And what is the [meaning] of the Biblical language? That he [the husband] prohibits her to all [other men] like hekdesh.
Now that the Talmud explained why our mishnah uses the language of acquisition it must explain why the rest of the tractate uses the language of betroth with in Hebrew is lekadesh, from the word for holy.
The answer is that the Mishnah opens with biblical language acquisition. But then it moves on to rabbinic language, mekadesh (kiddushin). The meaning of this peculiar rabbinic term is that when a woman is betrothed, she becomes prohibited to all other man, just as hekdesh, holy property, is prohibited to all.
It is worth noting that the rabbis were cognizant that their Hebrew vocabulary, and indeed, much of the basics of their language, differed radically from that found in the Torah.
