Kiddushin - Daf 58
- Only idolatry and shemittah produce confer their prohibited status onto their payments
The Mishnah on Daf 56b taught that although kiddushin made with items prohibited in benefit is invalid, מכרן וקידש בדמיהן מקודשת – if the man sold them and married with their payment, the woman is married, because their payments do not attain their forbidden status. The Gemara explains that the Torah taught specifically regarding idolatry: "והיית חרם כמוהו" – and you shall become banned like it, which implies: כל שאתה "מהייה" הימנה הרי הוא כמוהו – anything you generate from it is like it (i.e., any money paid for it is equally forbidden). We do not derive all other forbidden items from idolatry, because the Torah also taught that shemittah produce transfers its restricted status to its payments, so they are שני כתובים הבאים כאחד – two pesukim that come as one to teach the same principle, and we do not derive laws from such sources (alternatively, there is an exclusion written by each). Yovel is referred to as "קודש" – holy, so its produce (and shemittah’s) confers its status upon its payments (like hekdesh). Another derashah teaches that the original produce retains its status (as opposed to hekdesh). It emerges that in a series of transfers, the original produce and final payment have shemittah status, but the middle ones are permitted.
- Marrying with terumah, etc.; if טובת הנאה ממון
The next Mishnah states that if one marries with terumah, maaser, or מתנות – “gifts” (parts of a chullin animal given to a Kohen), she is married, even if he is a Yisroel. Ulla says: טובת הנאה אינה ממון – the pleasure of benefit is not an equity, i.e., one’s ability to choose whom to give terumah (and to receive payment to do so) is not considered monetary ownership of the terumah, insofar as using it for kiddushin. He is challenged from our Mishnah, and answers that it is discussing a Yisroel who inherited tevel from his maternal grandfather who was a Kohen, and he fully owns the terumah (he cannot eat it, but may sell it to a Kohen). Although he inherited tevel (and not terumah), this Tanna holds: מתנות שלא הורמו כמי שהורמו דמיין – unseparated gifts are considered like they were already separated (and owned by the grandfather).
- If a second person marries before the first kiddushin are completed
The third Perek begins that if one told a shaliach to marry a certain woman for him, והלך וקדשה לעצמו – and [the shaliach] went and married her to himself, מקודשת לשני – she is married to the second person. If one said to a woman, "הרי את מקודשת לי לאחר שלשים יום" – You are married to me after thirty days, and someone else married her in the interim, she is married to the second one (since the first kiddushin did not yet take effect). If he said, " מעכשיו ולאחר שלשים יום" – from now and after thirty days, and someone else married her in the interim, מקודשת ואינה מקודשת – she is married and yet not married to both, and requires a get from both.. The Gemara will explain that kiddushin set to take effect after thirty days is valid even if the money given for kiddushin was already spent before that time. It is not like a פקדון – deposit, since it was given to her to spend, and it is also not like a loan, since it was given to her for kiddushin purposes.
