Mishnah Kiddushin
About This Entry
The prevailing metaphor that governs marriage law in biblical and rabbinic literature is the metaphor of “purchase” or “acquisition” (kinyan; see also Marriage). This metaphor is apparent in m. Kiddushin 1:1–5, which discusses the “purchase” of women, Hebrew slaves, non-Hebrew slaves, animals, and property in strikingly similar legal terms. Husbands had certain ownership rights over their wives’ goods and services, and a marriage contracted on false pretenses was a mikaḥ ta‘ut—an “erroneous purchase.”
A woman is acquired in three ways and acquires herself in two ways.
She is acquired by money, by document, or by sexual intercourse.
By money—Beth Shammai say: By a dinar, or by the equivalent of a dinar; and Beth Hillel say: By a perutah, or by the equivalent of a perutah.
And how much is a perutah? One eighth of an Italian issar.
And she acquires herself by a divorce document, or by death of the husband.
The levirate widow is acquired by sexual intercourse.
And she acquires herself by [the ritual act of] ḥalitzah [shoe removal], or by death of the levir.
Translated by Christine Hayes.
Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.
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