Kiddushin

alternatively, men shall acquire fields for money;1 therefore, he teaches: A WOMAN IS ACQUIRED. Then let him state there,2 ‘A man acquires’? — He [the Tanna] first employs Biblical phraseology, but subsequently, the Rabbinical idiom. Now what does the Rabbinical term connote?3 — That he [the husband] interdicts her to all [men] as hekdesh.4 But, why not teach here, ‘A man acquires’?5 — Because he desires to teach the second clause, AND ACQUIRES HER FREEDOM, which refers to her [the woman], he therefore teaches the first clause likewise with reference to her. Then let him state, ‘A man acquires . . . and makes [her] acquire’?6 — Because there is the husband's death where it is not he who frees her, but it is Heaven who confers [her freedom] on her.7 Alternatively, were it taught ‘he acquires.’ I might have thought, even against her will, hence It is stated ‘A WOMAN IS ACQUIRED,’ implying only with her consent, but not without.8 Now, why does he [the Tanna] choose to teach shalosh? Let him teach sheloshah?9 — Because he desires to state derek [way], which is feminine, as it is written, and thou shalt shew them the way wherein [bah] they must walk.10 ‘If so, when we learnt, a zab11 is examined in seven [shiv'ah] ways [derakim.]’:12 let him [the Tanna] employ sheva’?13 — Because he desires to state derek, which we find designated as masculine, as it is written, they shall come out against thee in one way [be-derek ehad], and flee before thee seven ways [shiv'ah derakim].14 If so, the verses are contradictory, and the Mishnahs likewise? — The verses are not contradictory: here [the first verse quoted], the reference being to the Torah,15 which is a feminine noun, as it is written: The law [torah] of the Lord is perfect [temimah], restoring [meshibath] the soul:16 the feminine form is employed. There, however, the reference is to war, and it is the practice of man to wage war, not of woman — therefore the masculine is employed. The Mishnahs are [likewise] not contradictory: here, since the reference is to a woman, It is couched in the feminine form. There, the reference being to a man, since it is the nature of a man to be examined, but not of a woman, for a woman becomes unclean even through an accident,17 the masculine form is employed. Now, why does he employ shalosh? on account of derakim [ways]! Then let him teach debarim [things] and sheloshah?18 — Because he wishes to mention INTERCOURSE, which is designated ‘way’, as it is written, and the way of a man with a maid. . . Such is the way of an adulterous woman.19 Now, that answers for intercourse; but what can you say of MONEY AND DEED? — [They are] on account of INTERCOURSE.20 And are two taught on account of one?21 — These too are adjuncts of intercourse.22 Alternatively I can say: The author of this [Mishnah] is R. Simeon. For it was taught: R. Simeon said: Why did the Torah state, If any man take a wife,23 and not ‘if a woman be taken to a man’? Because it is the way of a man to go in search of a woman, but it is not the way of a woman to go in search of a man. This may be compared to a man who lost an article: who goes in search of whom? The loser goes in search of the lost article.24 Now, as to what we learnt: ‘a zab is examined in seven ways’: let it state [seven] ‘things’?25 — There we are informed this: it is the nature [way] of excessive eating to cause gonorrhoea, and it is the nature [way] of excessive drinking to cause gonorrhoea. Further, as to what we learnt: ‘The citron is comparable to a tree in three ways’26 — let him state [in three] things? — Because he wishes to teach the second clause: and to vegetables in one way.27 Then in the second clause too’ let him state, [and to vegetables in one] ‘thing’? here too it should have been, ‘a man acquires.’ Torah. called accidents); e.g., the eating of certain foods, physical overstrain, etc.; seven such factors might have caused the discharge, and consequently he had to be examined in respect of these. But a woman is unclean even then; hence there is no purpose in examining her. says ‘It is the way of a man, etc.’ he also teaches: ‘A WOMAN IS ACQUIRED IN THREE WAYS. ‘Derek’ (way) is applicable to something that happens in conformity with nature or normal practice. of a tree's planting was to be eaten in Jerusalem, like the second tithe (v. note 4). Special laws governed the produce of every seventh year (v. Lev, XXV, 1-7), but the definitions of ‘seventh year’ varied. In respect to trees it meant the fruit that grew in the seventh year, even if not harvested until the eighth; while in speaking of vegetables it applies to the time of gathering: the citron is assimilated to trees in this matter. tithe were separated, the first being given to the Levite and the second eaten by its owners in Jerusalem; in the third and sixth years the first and third tithes were due, the latter being given to the poor. Here too, trees were determined by the time when their fruit grew; vegetables by their gathering; the citron was assimilated to vegetables in this matter.