Mishnah Kiddushin 3

¹If he says to his fellow, “Go out and betroth me such-and-such a woman,” and he goes and betroths her to himself, she is betrothed. Similarly, if he says to a woman, “Be betrothed to me after thirty days,” and another comes and betroths her within the thirty days, she is betrothed to the second, [and in such cases] an Israelite’s daughter [betrothed] to a priest may eat terumah. [But if he says, “Be betrothed to me] from now and after thirty days,” and another comes and betroths her within the thirty days, she is betrothed and not betrothed [to both]: [and in such cases] an Israelite’s daughter [betrothed] to a priest, or a priest’s daughter [betrothed] to an Israelite, may not eat terumah. ²If one says to a woman. “Behold, you are betrothed to me on condition that I give you two hundred zuz,” she is betrothed, and he must give it. “On condition that I give you [two hundred zuz] within thirty days from now”: if he gives her within thirty days, she is betrothed; if not, she is not betrothed. “On condition that I have two hundred zuz,” she is betrothed, providing he has [two hundred zuz]. “On condition that I show you two hundred zuz,” she is betrothed, and he must show her. But if he shows her [money lying] on the table, she is not betrothed. ³[If he says to her “Be betrothed to me] on condition that I own a bet kor of land”, she is betrothed, providing he does own it. “On condition that I own it in such and such a place”, if he owns it there she is betrothed, but if not she is not betrothed. “On condition that I show you a bet kor of land,” she is betrothed, providing that he does show it to her. But if he shows it to her in a plain, she is not betrothed. ⁴Rabbi Meir says: every stipulation which is not like that of the children of Gad and the children of Reuben is not a [valid] stipulation, as it say, “And Moses said to them, ‘If the children of Gad and the children of Reuben will pass [with you over the Jordan, then you shall give them the land of Gilead for a possession].” and it is also written, “But if they will not pass over with you armed, [then they shall have possessions among you in the land of Canaan]” (Numbers 32:29-30). Rabbi Hanina ben Gamaliel says: the matter had to be stated, for had it not been stated it would have implied that even in Canaan they should not inherit. ⁵If he betroths a woman and then declares, “I thought that she was a priest’s daughter, and behold she is [the daughter of] a Levite” or “a Levite’s daughter whereas she is [the daughter of] a priest”; “Poor, whereas she is wealthy”, or “wealthy, whereas she is poor,” she is betrothed, since she did not deceive him. If he says to a woman, “Behold, you are betrothed to me after I convert,” or “after you convert,” “After I am freed from slavery,” or “after you are freed from slavery”; “After your husband dies” or, “after your sister dies”; “After your yavam performs halizah for you”; she is not betrothed. Similarly, if he says to his friend, “If your wife gives birth to a female, behold she is betrothed to me,” she is not betrothed. [If his wife is pregnant, and her fetus is discernible, his words are valid, and if she bears a female, she is betrothed.] ⁶If he says to a woman, “Behold you are betrothed to me on condition that I speak to the government on your behalf”, or “That I work for you as a laborer”, if he speaks to the government on her behalf or works for her as a laborer, she is betrothed; if not, she is not betrothed. [If he says,] “[Behold you are betrothed to me] 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. ⁷[If a father declares,] “I have given my daughter in betrothal, but do not know to whom I have betrothed her,” and then a man comes and states, “I betrothed her,” he is believed. If one says, “I betrothed her,” and another [man] says, “I betrothed her,” both must give a get; but if they want, one may give a get and the other marry her. ⁸[If a man declares] “I have given my daughter in betrothal,” [or] “I gave her in betrothal and divorced her while she was still a minor,” and she is [now] a minor, he is believed. “I gave her in betrothal and divorced her while she was still a minor,” and she is now of majority age, he is not believed. “She was taken captive and I redeemed her,” whether she is a minor or of majority age he is not believed. If a man declares at the time of his death “I have sons,” he is believed; “I have brothers,” he is not believed. If one betroths his daughter without specifying which, the daughters of majority age are not included. ⁹If one has two groups of daughters by two wives, and he declares, “I have given in betrothal my eldest daughter, but I do not know whether the eldest of the seniors or the eldest of the juniors, or the youngest of the seniors who is older than the eldest of the juniors,” all are forbidden [to marry other men], except the youngest of the juniors, the words of Rabbi Meir. Rabbi Yose says: they are all permitted, except the eldest of the seniors. “I have betrothed my youngest daughter, but I do not know whether the youngest of the juniors or the youngest of the seniors, or the eldest of the juniors who is younger than the youngest of the seniors,” they are all forbidden, except the eldest of the seniors, the words of Rabbi Meir. Rabbi Yose says: they are all permitted, except the youngest of the juniors. ¹⁰If he says to a woman, “I betrothed you,” and she says, “You did not betroth me”: he is prohibited to her relatives, but she is permitted to his relatives. If she says, “You betrothed me,” and he says, “I did not betroth you,” he is permitted to her relatives but she is prohibited to his relatives. “I betrothed you,” and she says, “You betrothed my daughter,” he is forbidden to the relatives of the senior [the mother], but the senior is permitted to his relatives; he is permitted to the junior’s [the daughter’s] relatives, and the junior is permitted to his relatives. ¹¹[If a man says to a woman], “I betrothed your daughter,” and she replies, “You betrothed me”; he is forbidden to the junior’s [the daughter’s] relatives, while the junior is permitted to his relatives; he is permitted to the senior’s [mother’s] relatives, while the senior is forbidden to his relatives. ¹²Wherever there is kiddushin and there is no transgression, the child goes after the status of the male. And what case is this? When the daughter of a priest, a Levite or an Israelite is married to a priest, a Levite or an Israelite. And wherever there is kiddushin and there is transgression, the child goes after the status of the flawed parent. And what case is this? When a widow is married to a high priest, or a divorced woman or a halutzah to an ordinary priest, or a mamzeret or a netinah to an Israelite, and the daughter of an Israelite to a mamzer or a natin. And any [woman] who cannot contract kiddushin with that particular person but can contract kiddushin with another person, the child is a mamzer. And what case is this? One who has intercourse with any relation prohibited in the Torah. And any [woman] who can not contract kiddushin with that particular person or with others, the child follows her status. And what case is this? The child issue of a female slave or a gentile woman. ¹³Rabbi Tarfon says: mamzerim can be purified. How is this so? If a mamzer marries a slave woman, her son is a slave; if he frees him, it is found that the son is a free man. Rabbi Eliezer says: behold, he is a slave mamzer.