Kiddushin

Thou shalt not deliver unto his master a servant [which is escaped from his master]:1 Rabbi said: The Writ refers to one who buys a slave on condition that he emancipates him.2 How so? Said R. Nahman b. Isaac: E.g., if he wrote for him, ‘When I buy you, you belong to yourself from now.’3 R. Meir, for it was taught: If one says to a woman, ‘Behold, thou art betrothed unto me after I become a proselyte’, or, ‘after thou becomest a proselyte’, ‘after I am freed,’ or ‘after thou art freed,’ ‘after thy husband dies,’ or, ‘after thy sister dies,’ ‘after thy yabam performs halizah for thee,’ she is not betrothed. R. Meir said: She is betrothed.4 R. Johanan the sandal maker said: She is not betrothed. R. Judah the Nasi5 said: [By rights] she is betrothed, yet why did they [the Sages] say, she is not betrothed? Because of bad feeling.6 Then let R. Judah the Nasi be counted too? — Rabbi and R. Judah the Nasi are identical. And let R. Akiba be counted too? For we learnt: [If a woman says to her husband,] ‘Konam be my work for thy mouth,’7 he need not annul it.8 R. Akiba said: He should annul it, lest she do for him more than she is obliged to do for him!9 — But was it not stated thereon, R. Huna son of R. Joshua said: It means that she vowed, ‘Let my hands be sanctified to their Maker,’10 and her hands are in existence?11 MISHNAH. IF ONE SAYS TO A WOMAN, BEHOLD. THOU ART BETROTHED UNTO ME ON CONDITION THAT I SPEAK TO THE GOVERNOR ON THY BEHALF’, OR ‘THAT I WORK FOR THEE AS A LABOURER’, IF HE SPEAKS TO THE GOVERNOR ON HER BEHALF OR WORKS FOR HER AS A LABOURER, SHE IS BETROTHED; IF NOT, SHE IS NOT BETROTHED. GEMARA. Resh Lakish said: Providing that he gives [her] the value of a perutah.12 But not in payment [of speaking etc.]? Surely it was taught: ‘[Be thou betrothed unto me] in payment for that I drove thee on an ass,’ or ‘seated thee in the carriage or ship,’ she is not betrothed.13 ‘In payment for that I will drive thee on an ass, or ‘seat thee in a carriage or ship,’ she is betrothed? And should you answer: Here too it means that he gives her the value of a perutah: but it states: ‘in payment?’ Again, it was taught: [If a woman says,] ‘Sit with me as a companion, and I will become betrothed unto thee,’ ‘jest before me,’ ‘dance before me’, ‘do as was done in this public game’,14 we assess it: if it is worth a perutah, she is betrothed; if not, she is not betrothed. And should you answer, here too it means that he gives her the value of a perutah [in addition]; surely it states, we assess it, thus refuting Resh Lakish? — Resh Lakish can answer you: The Tanna of this Baraitha15 holds, Wages are a liability only at the end; whereas our Tanna holds, Wages are a liability from beginning to end.16 Now, what compels Resh Lakish to explain our Mishnah on the basis that wages are a liability from beginning to end and that he gives her [a perutah in addition]? — Said Raba: [For otherwise,] our Mishnah presents a difficulty to him: why state particularly, ON CONDITION: state, ‘in payment for’? Hence this proves that wherever ‘on condition’ [is taught], it means that he gives her [something in addition]. MISHNAH. [IF HE SAYS,] ‘ON CONDITION THAT [MY] FATHER CONSENTS,’ IF HIS FATHER CONSENTS, SHE IS BETROTHED; IF NOT, SHE IS NOT BETROTHED. IF HIS FATHER DIES, SHE IS BETROTHED; IF THE SON DIES, THE FATHER IS INSTRUCTED TO SAY THAT HE DOES NOT CONSENT.17 GEMARA. What is meant by ‘ON CONDITION THAT [MY] FATHER CONSENTS?’ Shall we say, providing that my father [explicitly] says ‘yes’? Then consider the middle clause: IF HIS FATHER DIES, SHE IS BETROTHED. Surely he did not say ‘yes!’ Hence [it must mean] not deliver him up again. him. (Such fall within the category of things which have not yet come into the world.) Since Rabbi applies the verse to such a case, he evidently holds such transmission valid. R. Judah the Nasi refers to these two cases. In the other cases he agrees with R. Meir.] her husband should annul it. This shews that he holds that one may make a binding declaration in respect of what is not yet in existence.