Kiddushin, Daf Nun Het, Part 5
Introduction
Today s sugya, the last in this chapter, deals with the continuation of the mishnah, which allows a man to use the water of purification and the ashes of purification to betroth a woman.
תנן המקדש בתרומות ובמעשרות ובמתנות במי חטאת ובאפר פרה הרי זו מקודשת ואף על פי ישראל ורמינהו הנוטל שכר לדון דיניו בטלים להעיד עדותו בטלה להזות ולקדש מימיו מי מערה ואפרו אפר מקלה
We learned: If one betroths [a woman] with terumoth, tithes, [priestly] gifts, the water of purification and the ashes of purification, she is betrothed, even if he is an Israelite.
But they cast the following against it: If one accepts payment for judging, his judgments are void; for testifying, his testimony is void; for sprinkling and mixing [with water] the ashes [of the Red Heifer], his water is cavern water and his ashes are ashes of a hearth!
The Talmud contrasts between the mishnah and a baraita. According to the mishnah, one can use the waters of purification and the ashes from burning the red heifer to betroth a woman. But according to a baraita, one may not derive monetary value from these things.
אמר אביי לא קשיא כאן בשכר הבאה ומילוי כאן בשכר הזאה וקידוש
דיקא נמי דקתני הכא במי חטאת ובאפר פרה וקתני התם להזות ולקדש שמע מינה
Abaye said: There is no difficulty: here it [the Mishnah] refers to payment for bringing [the ashes] and drawing [the water]; there, it refers to payment for sprinkling and mixing.
This may also be proved from a close reading: for here it is taught, with the water of purification and the ashes of purification, while there it is taught, for sprinkling and mixing. Learn from this.
Abaye resolves that one may receive payment for bringing the water and drawing the water. One can perform this act for a woman and betroth her in this way because it saves her from having to do so herself (should she need some red heifer water sprinkling). But the baraita refers to the mixing of the ashes with the water and the sprinkling. The priest must do this himself and may not receive payment for it.
As an aside, while this sugya does not deal with paying clergy, it is interesting to relate it to that context. The priest can get paid but only for things someone else can do, like bringing the water and drawing it. But he cannot get paid for things that only he can do. Judges and witnesses also may not be paid. This is certainly a fascinating topic, but keep in mind, this passage is not the main source for the issue.
May return to you a man betroths
Congratulations, you ve now finished two chapters of Kiddushin. The last part of this chapter was indeed quite difficult. A lot of material about laws that are not really observed much anymore or are observed only in Israel. And very theoretical, to say the least. So kol hakavod for making it through this material. We re more than half way through the tractate, and I hope you re all still enjoying the practice of learning one daf of Talmud a week.