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Mishnah 1: If Somebody Said to Another: Go and Marry Me

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Mishnah 1: If Somebody Said to Another: Go and Marry Me p-is -ιηικπ nwppi rpitoa nwN >!? wipi i-vapb iniNn :n niw» (foi. 63b) ov o>vy->ηί<> >> ηψΐίρίο ιρκ nrj ηψκ'? ηοίκη pi .ηψιιρρ ^DNB lOiDb Ϊ7ΪΟψ> 7Q Τΐψ^ίρ»? ÎJÎTl} rWfpì 1ΠΝ Nil ηψρρ") ΙΠΝ NII oi> vvñv» .nonra Η1? ìnb ni ÍN πι ,ηψηιρίρ niWj rrçmpp .nnnjpi Mishnah 1: If somebody said to another: go and marry me preliminarily to woman X, and [the agent] went and married her preliminarily himself, she is preliminarily married1. Also, if somebody said to a woman, you are preliminarily married to me after thirty days and another man married her preliminarily within these thirty days, she is preliminarily married to the second man2; as a daughter of an Israel married to a Cohen she may eat heave3. From today and after thirty days, and another man married her preliminarily within these thirty days, she is and is not preliminarily married3. As a daughter of an Israel married to a Cohen or daughter of a Cohen married to an Israel she may not eat heave4. 1 A person who accepts agency which subjects him to a fine unless he does not by this act lose the ability to execute what he promised, the legally act in his own behalf. As long principal may consider him a trickster as the agent did not sign a contract but has no legal recourse. 258 OIDDUSIN CHAPTER THREE 2 At the moment at which the wedding), and if within these thirty second man married her, she was days another man preliminarily mar- legally single; his marriage is valid. ried her unconditionally, neither of the After thirty days, when the first man's two marriages can be unquestionably preliminary marriage should enter into valid. Therefore, she needs valid bills force, she already is a married woman. of divorce from both men. [In Gittin The preliminary marriage of a married 7:3 (Note 80) Rebbi disagrees and holds woman to another man is nonexistent in that the preliminary marriage of the law. It is not forbidden; only actions second man disappears at the end of 30 which exist in law can be forbidden. days; this opinion is adopted by Samuel 3 If the groom is a Cohen, she is in the Babli, 59b, but not mentioned in married to the Cohen; the existence of the Yerushalmi Qiddusin.] the first man is irrelevant. But if the 4 The daughter of an Israel can first man gave her a wedding gift and eat heave only if she is certainly said: you are preliminarily married to married to a Cohen; the daughter of a me now but the mutual legal Cohen can eat heave only if she obligations shall start only after 30 certainly is not married outside the days (which would give the groom 13 clan. months to arrange the definitive Hi) .'^ID 'Ì73 ηψΝ ·>*? Wli?·) Nil .inno^ nniNn :H flD^fl (63C line 16) •1? v^ri m>n> IN .m»öi ^πΐψ N!?N n^pn Γορη "οψί") tnt ΐ'Ή ηπ in^ì rjbrn η;?» >> n^·) κ* inwri '»πι ·ρη> ϊρ_·>η Ν^ν^ .m»»! ^riio η^ηη τυρη -οψη oyñ IHN rn -ION η^ρι .nitjn ΠΝ-ιη ton ιη>η» "ip pían n^aq ηψίν> Halakhah 1: "If somebody says to another: go and marry me preliminarily to woman X," etc. He looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously5. The same holds for monetary transactions. If somebody says to another: go and buy HALAKHAH 1 259 for me goods X, and [the agent] went and bought [the merchandise] for himself, he looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously6. Rebbi Ze'ira cursed those who saw another person trying to buy certain goods and outbid him. Rebbi Abun in the name of Rebbi Ze'ira: Also about one who organizes a group against another7, the rabbis quote: "A person who prevents a good thing coming to his neighbor abandons the fear of the Almighty.8" 5 Babli 58b. 379] explains that simply by having a 6 The Babli, 59a, agrees in group of people showing interest, even general but points out that an agent if no competing bid ensues, the hand of must have some flexibility in warding the seller is strengthened and the buyer off claims by third parties; it might be forced to increase his bid. to the advantage of the principal if the 8 Job 6:14, interpretation of agent acquires for himself rather than Targum. (In a Genizah let the property fall into hostile hands. fragment: "The rabbis of Caesarea 7 S. Lieberman [Tarbiz 4 (1937), p. quote.") N>rn .·>Βψρρ ,-iniN NID .onya ΓΡ>ψη ptnin Ν!? (63C line 22) N't» .rn>?iN Ν'ίη .ΐρηψ-ρρ .nwN!? DOÍÍO '?>wn ."IWN"^ .ΓηρίΝ .ΐρηψτρ ΗΪ .-ipiN Νίτη ."IWÎO^ inJ^ND NìTT) .'ÍJWPP .iníN NID .onjn n>>wn ptnin vw1? npm .runv ψη .rnm ID'ivy .Ti^iv .rnm .•pvyN-ò np*n .ywN-i'? .rnçiN N>n) Λπψ-ρρ in^i oa ·)Γΐύ im ON] .oa ρ^ύ If the agent was not identified as such by the witnesses9 and he says, I married her preliminarily for myself, but she says, to the first, the second is like one who says to a woman: I married you preliminarily but she says, you did not marry me preliminarily10. Also it is as if she said to the first, you married me preliminarily but he says, I did not marry you 260 OIDDUSIN CHAPTER THREE preliminarily. If she says, I do not know, the presumption is in favor of the second11. If the agent was identified as such by the witnesses and he says, I married her preliminarily for myself, but she says, to the first, the presumption is in favor of the first12. If she said, I do not know, both of them give a bill of divorce or, if they so desire, one gives a bill of divorce and the other marries definitively. 9 The witnesses to the preliminary of a marriage is not forbidden to marry marriage say that they did not know any close relative of the other party. that the male was appointed as agent 11 If the ceremony was not and, therefore, they did not listen announced as one of marriage by proxy carefully whether the male stated that and nobody noticed anything unusual in he was marrying the woman for the formulas being used, it was not a himself or for a third party. marriage by proxy and the woman is 10 The case treated in Mishnah 11. certainly married to the agent. The party which asserts the existence 12 If the agent was announced as a of the marriage is forbidden to marry proxy and nobody noticed anything out the close relatives of the other party. of the ordinary, it was a marriage by The party which denies the existence proxy. ntov ton rrçhn in ov ο>ψ!?ψ ^in? π» on :p>£to (63c line 28) ton Ni? vy-p} Ν'ίη ίπν> no .ov ο>νμ !?ψ -pwNi >ym>p >3 IN ìND^toD ,ΓΡΤΙ >3ΪΠ .ή^ΝΙΠ >\¿m>Í? >? ïy ΊΝ >Ν33τϊο·) .ηψ^ίρρ it ηη ")?>>? ιηΝ> .ΓΙψΙίρρ ÎWN ΊΠΝ> D"ï?rp>3\y Therefore13, if the second died within thirty days or divorced her, the preliminary marriage of the first is activated after thirty days. If he died after thirty [days] without having divorced her, the preliminary marriage of the first is not activated14. That is what Rebbi Hiyya stated: With any HALAKHAH 1 261 condition which was fulfilled15, even if later it becomes moot, she is preliminarily married. But with any condition which was not satisfied at the moment of preliminary marriage, even if later it became moot, she is not preliminarily married. 13 Referring to the second part of of 30 days, the first preliminary the Mishnah, about the man who marriage would be marriage to an stipulated that the preliminary already married woman; it is null and marriage be effective only after 30 void. It cannot be reactivated even if days. the second man later dies. 14 If the second man was 15 At the time of the activation of preliminarily married to her at the end the preliminary marriage. .ov -\ηκ> η1?!*» ή n.rj ."pnv >·η ow? ìdin (63c line 33) "lira ηηρ>ι *nn .vrrpq πείροι rniDí? it nq ,ον πρνΛψ tjiJi} rropi .nbiy wiiν'!? ιηκ> ,n!?iy vJnpn n^y !?n oi> ο>\μ!?ψ .NiN -q n»n m -»»ν .nìnyt r ? γμν no .dwn!? n!?iy n»ö*t N'b τι τ· •· -τ τ : τ τ:- - τ·! Ύ Τ:- η^ν ^η tCj on»> n^ipt "IP?» ,ΠΝ nini παψ iris^ri ,η>3Γΐ0 >?ι -DON n'piy η» owNin >ym>p Ni/? Ν^Π -Q -pa .yìap DI« πψηρηψ "ΙΟΝ ·ΊΌΠ ΙΟΝ ΠΝ ΪΟΠΊ .ΟίΗΠ!? TlT>OOD DÍU!? íJWON .ΙΏΝ TIN τ '"τ -τ s— ττ: : ν τ · τ • : · ~ τ ~ · τ · ~ τ : - .DV ->ΠΝ!? .iniNi Non D-α .-as» .-IBÍÍO -ran . - - : τ ττ τ s · ·· τ ' τ - Rebbi Abbahu in the name of Rebbi Johanan: "This animal shall be an elevation sacrifice after thirty days." If he sold it within the thirty days, it is sold; its dedication sanctifies16. If he bought it back within the thirty days, the dedication as elevation sacrifice applies to it. After thirty days, the dedication as elevation sacrifice no longer applies17. But an elevation sacrifice cannot be compared to a woman18! Could an elevation sacrifice 262 QIDDUSIN CHAPTER THREE be compared to a woman? Rebbi Hiyya bar Ada said, explain it that the second man died19 but he had a brother.
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