Kiddushin, Daf Nun Het, Part 3

 

Introduction

Today we begin with a new mishnah things you can do kiddushin with!

 

מתני׳ המקדש בתרומות ובמעשרות ובמתנות ובמי חטאת ובאפר חטאת הרי זו מקודשת ואפילו ישראל

 

If he betroths with terumot, tithes, priestly gifts, the water of purification or the ashes of purification behold she is betrothed, even if he is an Israelite.

 

Terumot: Terumah can only be eaten by a priest. A priest can use terumah for betrothal and then the woman may sell it. However, even an Israelite can potentially own terumah. For instance, if someone s maternal grandfather is a priest, he is not a priest because the priesthood is not inherited through his mother. In such a case he will inherit from his grandfather, if his mother inherits from her father and then dies. The non-priest cannot eat the terumah which he inherits, but he can sell it. He could also use it for betrothal and then the woman can sell it. He would have to tell her that it is terumah, because terumah is less valuable than regular food.

Tithes: These are given to the Levite, who may use them for betrothal. An Israelite can use them for betrothal in the same way described above.

Priestly gifts: This refers to parts of non-sacred animals given to priests (see Deuteronomy 18:3). The priest can use them as betrothal money and if they come into the hands of an Israelite, he too can use them.

The water and ash of purification: To purify someone who came into contact with a dead body, they would burn the red heifer and put its ash into water.

I should note that I have explained that an Israelite cannot betroth with terumot or tithes that he separates from his own produce. Such gifts must be given for free directly to a priest or Levite. However, it is possible to explain that the mishnah is referring to the tithes or terumot that an Israelite himself separates from his produce. The Israelite has the benefit of being able to give such gifts to whichever priest or Levite he so desires. This benefit is worth money for it will make the priest or Levite look favorably upon him. It is with this benefit that he is betrothing the woman. She now has the benefit of giving the terumot or tithes to anyone she wishes. While this may be a small benefit, remember, it only takes a perutah. However, as we shall see, the Talmud does not like this interpretation.

גמ׳ אמר עולא טובת הנאה אינה ממון

 

GEMARA. Ulla said: The benefit of discretion does not count as money.

 

Ulla says that the ability to give terumah or tithes to whomever one wants is not considered of monetary value. If a man gives a woman terumah so that she can decide what priest to give it to her he has not given her money such that she would be betrothed.

 

איתיביה רבי אבא לעולא המקדש בתרומות ובמעשרות ובמתנות במי חטאת ובאפר פרה הרי זו מקודשת ואפילו ישראל

 

R. Abba raised an objection against Ulla: If he betroths with terumot, tithes, priestly gifts, the water of purification or the ashes of purification behold she is betrothed, even if he is an Israelite.

 

The mishnah seems to be a direct refutation of Ulla. One can betroth with terumah and tithes. The benefit of discretion does seem to count as money.

 

א"ל הכא בישראל שנפלו לו טבלים מבית אבי אמו כהן וקא סבר מתנות שלא הורמו כמי שהורמו דמיין

 

He answered: This refers to an Israelite who inherited tevel produce from his maternal grandfather [who was] a priest. And he [the tanna of the Mishnah] holds that unseparated gifts are as though already separated.

 

The mishnah does not refer to an Israelite who gives terumah that he had to separate to a woman. Rather, it refers to an Israelite who inherited tevel, untithed produce, from his mother s father. There is terumah inside this tevel, and this tanna considers the terumah to be a separate entity. The Israelite owns the terumah and can do with it what he wants, although he may not eat it. The woman will now be able to sell it. That is why he can perform kiddushin with it.

 

בעא מיניה ר’ חייא בר אבין מרב הונא טובת הנאה ממון או אינה ממון

אמר ליה תניתוה המקדש בתרומות ובמעשרות ובמתנות במי חטאת ובאפר פרה הרי זו מקודשת ואפילו ישראל

א"ל ולאו אוקימנא בישראל שנפלו לו טבלים מבית אבי אמו כהן

 

R. Hiyya b. Abin asked R. Huna: Does the benefit of discretion count as money or not?

He said him: We have taught this: If he betroths with terumot, tithes, priestly gifts, the water of purification or the ashes of purification behold she is betrothed, even if he is an Israelite. He said back: But did we not interpret it as referring to an Israelite who inherited tevel produce from his maternal grandfather [who was] a priest?

 

This is basically the same material we just saw placed in a bet midrash dialogue.

 

א"ל הוצאה את איכסיף הוא סבר משמעתא קאמר ליה א"ל הכי קאמינא רב אסי דהוצל קאי כותיך

 

He replied: You are hutza ah. He became embarrassed, for he thought that he meant it because of the teaching he taught. He said to him: This is what I meant: R. Assi of Huzal agrees with you.

 

R. Huna calls R. Hiyya b. Abin hutza ah and the latter thinks this is an insult. But then R. Huna reassures him it is not. He only meant to say that someone from Huzal agreed with him.