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1) WHO MAY GIVE AND RECEIVE THE MONEY

(a) (Rava): A woman told a man: Give money to Ploni, and I will be Mekudeshes to you - we learn from the law of a guarantor that this works.

1. A guarantor obligates himself (to pay a loan, if the lender does not), even though he does not benefit - also a woman can acquire herself to a man without receiving the money.

(b) (Rava): A man told a woman: Take this money and be Mekudeshes to Ploni - we learn from redemption of a Kana'ani slave that this works.

1. A Kana'ani slave acquires himself (his freedom), even though he does not pay - also a man can acquire a wife without paying.

(c) (Rava): A woman told a man: Give money to Ploni, and I will be Mekudeshes to him - we learn from the laws of a guarantor and a slave that this works.

1. A guarantor obligates himself, even though he does not benefit - also a woman can acquire herself (to her husband) without receiving money.
2. Question: But this case is different! A guarantor becomes obligated to one who gave money - but this woman wants to become Mekudeshes to a man that did not pay!
3. Answer: We learn from a Kana'ani slave - he acquires himself without paying (also Ploni can acquire a wife without paying).
4. Question: That case is different - the master, who causes the slave to acquire himself, receives money; here, the woman acquires herself to Ploni without receiving anything!
5. Answer: We learn from the law of a guarantor that she can acquire herself without receiving anything.

(d) Question (Rava): A woman told a man: Take this money, and I will be Mekudeshes to you - what is the law?
(e) Answer (Mar Zutra): She is Mekudeshes.
(f) Question (Rav Ashi): People are considered as mortgagable property (i.e. land) - how can mortgagable property (the woman) be acquired along with non-mortgagable property (the money)?

1. (Mishnah): Non-mortgagable property is acquired along with mortgagable property when an acquisition is done on the latter, namely giving money, a document, or Chazakah.

(g) Answer (Mar Zutra): She is not acquired along with the money - I speak when she gives the money to a distinguished person, he gives her pleasure by accepting her money, this pleasure engages her.
(h) (Rava): These laws also apply to monetary deals.
(i) It is necessary to hear these laws in both cases.

1. If we only heard regarding engagement - we would think, they only work there, for a woman is happy to marry any man.

i. (Reish Lakish): A woman prefers to be married than to remain single.

(j) If we only heard regarding monetary laws - we would think, they only work there, for a person can pardon someone's obligation to pay him, but not by engagement.

(a) (Rava): A man told a woman: 'You should be Mekudeshes to half of me' - she is Mekudeshes to him; 'Half of you is Mekudeshes to me' - she is not Mekudeshes.
(b) Question (Abaye): Presumably, 'Half of you is Mekudeshes to me' does not work because the Torah says "(A man will take a) woman", not half a woman;

1. Likewise, 'You should be Mekudeshes to half of me' should not work - the Torah spoke of a man, not half a man!

(c) Answer (Rava): A woman cannot be married to 2 men - he must mean that he only wants to engage half of her;

1. A man can marry 2 women - when he said that she should be Mekudeshes to half of himself, he merely warns her that he may marry another woman.

(d) Question (Mar Zutra brei d'Rav Mari): The Kidushin (engagement) should spread to apply to all of her!

1. (Beraisa): One who says 'The leg of this animal is a burnt-offering - the entire animal is a burnt-offering'.

i. One opinion says it is not entirely a burnt-offering - but even that opinion agrees that if something it cannot live without was sanctified, the entire animal is sanctified.

(e) Answer (Ravina): There is different - an animal does not think, we are only concerned for the intention of the owner;

1. Here, the woman must agree to the engagement!

(f) R. Yochanan's law is more comparable to engagement.

1. (R. Yochanan): Reuven and Shimon are partners in an animal. Reuven made his half a sacrifice, then bought Shimon's share and made it a sacrifice as well - the animal is Hekdesh, but it cannot be offered. (Reuven's initial sanctification did not work entirely, because Shimon's consent was required).

i. If one makes Temurah on the animal, the Temurah gets the same status.

2. We learn 3 things from R. Yochanan's law:

i. Living animals can be permanently rejected from being offered (even if the reason it cannot be offered goes away);
ii. Even an animal rejected from the moment it was sanctified can be permanently rejected;
iii. Even an animal that was sanctified only for its value (to sell it to buy a sacrifice) can be permanently rejected.

(g) Question (Rava): A man told a woman: 'Half of you is Mekudeshes to me with half a Perutah, and half of you with half a Perutah' - what is the law?

1. Since he said 'Half of you', that shows that he only engages half of her (and then again tries to engage half of her - she is not Mekudeshes);
2. Or, perhaps he is just counting how much he is engaging (and in total, he engages all of her)!
3. Question: If you will say that he is just counting - what if he says, 'I engage half of you with a Perutah, and half of you with a Perutah' - what is the law?

i. Since he gave a Perutah (the amount required for engagement) for half, this shows that he only engages half each time;
ii. Or, perhaps the entire day he is counting how much he is engaging!

4. Question: If you will say that the entire day he is just counting - what if he says, 'I engage half of you today with a Perutah, and half of you tomorrow with a Perutah' - what is the law?

i. Since he said 'tomorrow', this shows that he engages half each time;
ii. Or, perhaps he just tells her that the engagement should start today and finish tomorrow!
iii. This question is unresolved.

(a) Question (Rava): Reuven told Shimon: I engage your 2 daughters to my 2 sons with 1 Perutah - what is the law?

1. From the standpoint of the giver and receiver, Reuven gives a Perutah and Shimon receives a Perutah (so the engagements are valid);
2. Or - do we require that a Perutah is received for each girl that becomes Mekudeshes (and they are not Mekudeshes)?
3. This question is unresolved.

(b) Question (Rav Papa): 'I engage your daughter and buy your cow with a Perutah' - what is the law?

1. Does he give half a Perutah for each (and acquires neither)?
2. Or - does he engage with a Perutah, and intend to buy the cow by dragging it?
3. This question is unresolved.

(c) Question (Rav Ashi): 'I engage your daughter and buy your land with a Perutah' - what is the law?

1. Does he give half a Perutah for each (and acquires neither)?
2. Or - does he engage with a Perutah, and intend to buy the land through Chazakah?
3. This question is unresolved.