Betrothal

A man can betroth [a woman] through himself or through his agent. A woman may be betrothed through herself or through her agent. A man may give his daughter in betrothal when a young girl [either] himself or through his agent. He who says to a woman, “Be betrothed to me with this date, be betrothed to me with this one”: if any one of them is worth a perutah, she is betrothed; if not, she is not betrothed. [If he says,] “[Be betrothed to me] with this one and with this one and with this one”: if together they are worth a perutah, she is betrothed; if not, she is not betrothed. If she eats them one by one, she is not betrothed unless one of them is worth a perutah.

Notes

Words in brackets appear in the original translation.

Credits

m. Kiddushin 2:1, from Mishnah Yomit, trans. Joshua Kulp, www.sefaria.org. Originally from https://learn.conservativeyeshiva.org. Licensed under a Creative Commons Attribution 3.0 Unported (CC BY 3.0) License.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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The Mishnah conceives of marriage as a man’s acquisition of a wife “by money, by document, or by sexual intercourse” (see “Mishnah Kiddushin” in The Rabbinic Legacy). This is not to say that she becomes his property or servant. To the contrary, the marriage relationship establishes reciprocal rights between them. However, that relationship is established through an act of acquisition (kinyan) with the intent to create a marital relationship.

The rabbinic practice of betrothal establishes a legally binding relationship between the two partners with many of the hallmarks of marriage itself. Since this is a legal relationship, it can be effected by agents as well as by the parties themselves. As with other forms of legal acquisition, this can be achieved through the transfer of ownership of an object of minimal value. The discussion of objects used to effect betrothal establishes that at least one item must have the minimal monetary value of a perutah. Betrothal cannot be achieved through multiple items of lesser value, even if their cumulative value exceeds the minimum threshold. This exchange does not represent a payment or any meaningful valuation but rather effects the symbolic change in the woman’s status through the exchange.

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