Kiddushin

until he performs meshikah or hazakah. If one [a common person] performs meshikah with it when it is worth a maneh,1 but has no time to redeem it [pay the money] until it rises to two hundred [zuz,] he must pay two hundred.2 What is the reason? — [Scripture saith,] Then he shall pay the money, and it shall be assured to him.3 If he performs meshikah when it is worth two hundred and has no time to redeem it until it falls to a maneh, he must pay two hundred. What is the reason? — That the rights of a layman should not be stronger4 than those of hekdesh.5 If he redeems it when it is worth two hundred, and has no time to perform meshikah before it falls to a maneh, he must pay two hundred.6 What is the reason? — [Scripture saith,] ‘Then he shall pay the money, and it shall be assured to him.’ If he redeems it at a maneh, and has no time to perform meshikah before it rises to two hundred, what he has redeemed is redeemed, and he pays only a maneh. Why? here too, let us say: The rights of a layman should not be stronger than those of hekdesh?7 — Must not a common person submit [to the curse,] ‘He who punished [etc.]?’8 MISHNAH. ALL OBLIGATIONS OF THE SON UPON THE FATHER,9 MEN ARE BOUND, BUT WOMEN ARE EXEMPT. BUT ALL OBLIGATIONS OF THE FATHER UPON THE SON, BOTH MEN AND WOMEN ARE BOUND. ALL AFFIRMATIVE PRECEPTS LIMITED TO TIME,10 MEN ARE LIABLE AND WOMEN ARE EXEMPT. BUT ALL AFFIRMATIVE PRECEPTS NOT LIMITED TO TIME ARE BINDING UPON BOTH MEN AND WOMEN. AND ALL NEGATIVE PRECEPTS, WHETHER LIMITED TO TIME OR NOT LIMITED TO TIME, ARE BINDING UPON BOTH MEN AND WOMEN; EXCEPTING, YE SHALL NOT ROUND [THE CORNERS OF YOUR HEADS],11 NEITHER SHALT THOU MAR [THE CORNER OF THY BEARD],12 AND, HE SHALL NOT DEFILE HIMSELF13 TO THE DEAD.14 GEMARA. What is the meaning of ALL OBLIGATIONS OF THE SON UPON THE FATHER? Shall we say, all which the son is bound to perform for his father? Are then women [i.e., daughters] exempt? But it was taught: [Every man, his mother and his father ye shall fear:]15 ‘every man:’ I know this only of a man; whence do I know it of a woman? When it is said: ‘Every man, his mother and his father ye shall fear’ — behold, two are [mentioned] here.16 — Said Rab Judah: This is the meaning: ALL OBLIGATIONS OF THE SON, [WHICH LIE] UPON THE FATHER to do to his son, MEN ARE BOUND, BUT WOMEN [MOTHERS] ARE EXEMPT. We thus learnt [here] what our Rabbis taught: The father is bound in respect of his son, to circumcise, redeem,17 teach him Torah, take a wife for him, and teach him a craft. Some say, to teach him to swim too, R. Judah said: He who does not teach his son a craft, teaches him brigandage, ‘Brigandage’! can you really think so! — But it is as though he taught him brigandage.18 ‘To circumcise him.’ How do we know it? — Because it is written: And Abraham circumcised his son Isaac.19 And if his father did not circumcise him, Beth din20 is bound to circumcise him, for it is written: Every male among you shall be circumcised.21 And if Beth din did not circumcise him, he is bound to circumcise himself, for it is written: And the uncircumcised male who will not circumcise the flesh of his foreskin, that soul shall be cut off.22 How do we know that she [the mother] has no such obligation? — Because it is written, [‘And Abraham circumcised his son . . .] as God had commanded him’: ‘him,’ but not ‘her’ [the mother]. Now, we find this so at that time;23 how do we know it for all times?24 — The School of R. Ishmael taught: whenever ‘command’ is stated,25 its only purpose is to denote exhortation for then and all time.26 Exhortation, as it is written. But charge Joshua, and encourage him, and strengthen him.27 Then and for all time, as it is written, front the day that the Lord gave commandment, and onward throughout your generations.28 ‘To redeem him.’ How do we know it? — Because it is written, and all the firstborn of man among thy sons shalt thou redeem.29 And if his father did not redeem him, he is bound to redeem himself, for it is written, [nevertheless the firstborn of man] thou shalt surely redeem.30 And how do we know that she [his mother] is not obliged [to redeem him]? — Because it is written, thou shalt redeem [tifdeh] [which may also be read] thou shalt redeem thyself [tippadeh]: one who is charged with redeeming oneself is charged to redeem others; whereas one who is not charged to redeem oneself is not charged to redeem others. And how do we know that she is not bound to redeem herself?31 — Because it is written, thou shalt redeem [tifdeh], [which may be read] thou shalt redeem thyself the one whom others are commanded to redeem, is commanded to redeem oneself: the one whom others are not commanded to redeem is not commanded to redeem oneself. And how do we know that others are not commanded to redeem her? — Because the Writ saith, ‘and all the firstborn of man among thy sons shalt thou redeem’:’32 ‘thy sons’, but not thy daughters. Our Rabbis taught: If there is himself to redeem33 and his son to redeem, he takes precedence over his son. R. Judah said: His son precedes him, for the precept in respect to the latter lies [primarily] upon his father, whereas that concerning his son lies [primarily] upon himself. Said R. Jeremiah: All agree, article; nevertheless he gains no title if it advances in price before he pays. from ‘shekel’, i.e., the shek,el alone (viz., money) gives the title. But in Shab. 128a s.v. i,bu Tosaf. states that the deduction is from Lev. XXVII, 19: then he shall add the fifth part of the money of thy estimation unto it, and it shall be assured to him, at the time of meshikah. meshikah. . . . will punish him who does not stand by his word.’ of the relevant verb. — These ordinances are binding upon men only. the command, that it comes into force immediately, and that it is binding for all generations.] the daughter must redeem herself when she grows up.