preliminarily

How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.

HALAKHAH: “Neither the orphan girl, nor the secondarily prohibited, nor the she-ram,” etc. One understands the secondarily prohibited and the she-ram. The orphan? Does an orphan not have ketubah? Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi J̣oḥanan: Explain it for an orphan who repudiated. Rebbi Ayvo bar Naggari, Rebbi Immi: Just as they fined her, so they fined him. In which respect? That if he preliminarily married her by [giving her] a pound of gold, he loses it all.

HALAKHAH: “If somebody marries a woman and had contracted with her,” etc. How does he become indebted to her? Do not Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, he does not have to give to him! Rebbi Simeon ben Laqish said, they gave it the status of an addition to the ketubah. Then he should have to pay in the end! They gave it the status of the gift for a woman’s preliminary marriage. Then he should pay up front! They treated it as when one marries a woman preliminarily by promising to give her twelve silver denars within one year by delivering one silver denar’s worth every month.

MISHNAH: Father and husband jointly dissolve the vows of a preliminarily married adolescent girl. If the father dissolved but not the husband, or the husband but not the father, it is not dissolved; one does not have to mention whether one of them confirmed it.

HALAKHAH: “An adolescent girl,” etc. It is written, “if she should be a man’s”. What are we speaking about? If a married one, it already is written “if she vowed in her husband’s house”. If about an unmarried one, it already is written “if she vows a vow to the Eternal”. Why does the verse say, ““if she should be a man’s with her vows on her”? That refers to the preliminarily married adolescent girl whose vows are dissolved by father and husband. So far for vows which she vowed after she was prelinimarily married. Vows which she vowed before she was prelinimarily married? “With her vows on her,” to include the vows which come with her from her father’s house.

It was stated in the name of Rebbi Eleazar: “If she should be a man’s”, the verse speaks about a preliminarily married adult girl. The colleagues say, Rebbi Eleazar says it correctly. Is it not difficult for Rebbi Eleazar: Did she not leave her father’s power the moment she became an adult? Who may dissolve the vows of an orphan whose father had died? The husband dissolves. It is difficult for the rabbis: If he may dissolve before she entered his power, is it not obvious [that he may dissolve] after she entered? How do the rabbis explain “with her vows on her”? What are we talking about? If about vows which she made before she was preliminarily married and she became preliminarily married, already the father and the husband had the power to dissolve. But we must talk about a vow which she made before her father died, then the father died and she became an adult. From where does Rebbi Eleazar obtain: “The father and the husband dissolve the vows of a preliminarily married adolescent girl.” “Between a man and his wife.” That deals with the husband. The father? “Between a father and his daughter.” How do the rabbis interpret “between a man and his wife”? Not what is between her and others. “Between a father and his daughter,” not what is between her and others. Does Rebbi Eleazar not agree with this? He agrees; he understands everything from there: “Between a man and his wife”, not what is between her and others; “between a father and his daughter,” not what is between her and others.

It was stated in the name of Rebbi Eleazar: “If she should be a man’s”, the verse speaks about a preliminarily married adult girl. The colleagues say, Rebbi Eleazar says it correctly. Is it not difficult for Rebbi Eleazar: Did she not leave her father’s power the moment she became an adult? Who may dissolve the vows of an orphan whose father had died? The husband dissolves. It is difficult for the rabbis: If he may dissolve before she entered his power, is it not obvious [that he may dissolve] after she entered? How do the rabbis explain “with her vows on her”? What are we talking about? If about vows which she made before she was preliminarily married and she became preliminarily married, already the father and the husband had the power to dissolve. But we must talk about a vow which she made before her father died, then the father died and she became an adult. From where does Rebbi Eleazar obtain: “The father and the husband dissolve the vows of a preliminarily married adolescent girl.” “Between a man and his wife.” That deals with the husband. The father? “Between a father and his daughter.” How do the rabbis interpret “between a man and his wife”? Not what is between her and others. “Between a father and his daughter,” not what is between her and others. Does Rebbi Eleazar not agree with this? He agrees; he understands everything from there: “Between a man and his wife”, not what is between her and others; “between a father and his daughter,” not what is between her and others.

It was stated in the name of Rebbi Eleazar: “If she should be a man’s”, the verse speaks about a preliminarily married adult girl. The colleagues say, Rebbi Eleazar says it correctly. Is it not difficult for Rebbi Eleazar: Did she not leave her father’s power the moment she became an adult? Who may dissolve the vows of an orphan whose father had died? The husband dissolves. It is difficult for the rabbis: If he may dissolve before she entered his power, is it not obvious [that he may dissolve] after she entered? How do the rabbis explain “with her vows on her”? What are we talking about? If about vows which she made before she was preliminarily married and she became preliminarily married, already the father and the husband had the power to dissolve. But we must talk about a vow which she made before her father died, then the father died and she became an adult. From where does Rebbi Eleazar obtain: “The father and the husband dissolve the vows of a preliminarily married adolescent girl.” “Between a man and his wife.” That deals with the husband. The father? “Between a father and his daughter.” How do the rabbis interpret “between a man and his wife”? Not what is between her and others. “Between a father and his daughter,” not what is between her and others. Does Rebbi Eleazar not agree with this? He agrees; he understands everything from there: “Between a man and his wife”, not what is between her and others; “between a father and his daughter,” not what is between her and others.

It was stated in the name of Rebbi Eleazar: “If she should be a man’s”, the verse speaks about a preliminarily married adult girl. The colleagues say, Rebbi Eleazar says it correctly. Is it not difficult for Rebbi Eleazar: Did she not leave her father’s power the moment she became an adult? Who may dissolve the vows of an orphan whose father had died? The husband dissolves. It is difficult for the rabbis: If he may dissolve before she entered his power, is it not obvious [that he may dissolve] after she entered? How do the rabbis explain “with her vows on her”? What are we talking about? If about vows which she made before she was preliminarily married and she became preliminarily married, already the father and the husband had the power to dissolve. But we must talk about a vow which she made before her father died, then the father died and she became an adult. From where does Rebbi Eleazar obtain: “The father and the husband dissolve the vows of a preliminarily married adolescent girl.” “Between a man and his wife.” That deals with the husband. The father? “Between a father and his daughter.” How do the rabbis interpret “between a man and his wife”? Not what is between her and others. “Between a father and his daughter,” not what is between her and others. Does Rebbi Eleazar not agree with this? He agrees; he understands everything from there: “Between a man and his wife”, not what is between her and others; “between a father and his daughter,” not what is between her and others.

If the husband died, his power is voided in favor of the husband.” They wanted to say, after the husband had dissolved his part. But if the husband had not dissolved his part when he died, the power is not voided in favor of the father. Let us hear from the following: “If she made a vow while being preliminarily married. If she was divorced on the same day, preliminarily married on the same day, even a hundred times, her father and her last husband dissolve her vows.” That means, even if the husband had not dissolved his part and died, his power is voided in favor of the father.

If the husband died, his power is voided in favor of the husband.” They wanted to say, after the husband had dissolved his part. But if the husband had not dissolved his part when he died, the power is not voided in favor of the father. Let us hear from the following: “If she made a vow while being preliminarily married. If she was divorced on the same day, preliminarily married on the same day, even a hundred times, her father and her last husband dissolve her vows.” That means, even if the husband had not dissolved his part and died, his power is voided in favor of the father.

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“If the father died, his power is not voided in favor of the husband.” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!

“Since the husband dissolves in adulthood.” The Mishnah follows Rebbi Eleazar, since it was stated in the name of Rebbi Eleazar: “If she should be a man’s”, the verse speaks about a preliminarily married adult girl.

MISHNAH: If she made a vow while preliminarily married, was divorced on the same day, preliminarily married on the same day, even to a hundred men, her father and her last husband dissolve her vows. That is the principle: as long as she did not leave her father’s power for one moment, her father and her last husband dissolve her vows.

MISHNAH: If she made a vow while preliminarily married, was divorced on the same day, preliminarily married on the same day, even to a hundred men, her father and her last husband dissolve her vows. That is the principle: as long as she did not leave her father’s power for one moment, her father and her last husband dissolve her vows.

HALAKHAH: “If she made a vow while preliminarily married,” etc. Rebbi Hila said, “being she will be”, even for a hundred beings, her father and her last husband dissolve her vows. Rebbi Yose said, a Mishnah says so: “Her father and her last husband dissolve her vows”.

HALAKHAH: “An adult girl and one who had waited twelve months,” etc. Rebbi Eliezer holds that the matter depends on the support. If he preliminarily married a woman on condition to support her, the husband dissolves for her. If he completely married a woman on condition that he support her, the father dissolves for her. The words of the Sages? Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The husband never dissolves before she enters his domain.

A Mishnah disagrees with Rebbi Joḥanan: “If somebody marries preliminarily giving heave, tithes, ‘gifts’, water for sprinkling, or ashes of the red heifer, she is married, even if the groom is an Israel.” He explains it with heave he inherited from his maternal grandfather, a Cohen.

Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.

Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.

This does not disagree with what Rebbi Joḥanan said, since Rebbi Joḥanan said, if an agent handed over to another agent, the first one is responsible. Rebbi Abba the son of Rebbi Ḥiyya: Because of a condition of the divorce. What is the difference between them? If the husband came earlier and took it. If you say, because of a condition of the divorce, that is understandable. If you say, because I do not want to see my valuables in somebody else’s hand, his valuables are not in somebody else’s hand. Is it the same for preliminary marriages? What is the difference between divorces and preliminary marriages? One can divorce through the agency of anybody. One cannot preliminarily marry through the agency of anybody.

HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.

“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.

MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.

“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

The same situation obtains for bills of manumission. “This is your bill of manumission valid after 30 days from now.” In Rebbi’s opinion, it is a bill; in the rabbi’s opinion, it is no bill. The same situation obtains for abandoning. “My field shall be abandoned after 30 days from now.” In Rebbi’s opinion, it is abandoned; in the rabbi’s opinion, it is not abandoned. Is it the same for dedications? Everybody agrees that “my speaking to Heaven is equivalent to my delivering to a person.” Is it the same for preliminary marriage? It was found stated: Rebbi says, she is completely preliminarily married.

HALAKHAH: “This is your bill of divorce on condition that you give me 200 zuz,” etc. It was stated: If she did not manage to pay before he died, Rabban Simeon ben Gamliel says, she pays his father or his brother and is free from ḥalîṣah and levirate marriage. The same holds for preliminary marriage: “You are preliminarily married to me on condition that I shall give you 200 zuz;” if he did not manage to pay before he died, Rabban Simeon ben Gamliel says, his father or his brother pay and she is subject to ḥalîṣah or levirate marriage.

“Rebbi Eleazar says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.” What is immediately? Rebbi Ze‘ira says, before she was preliminarily married, or when she was preliminarily married. Rebbi Isaac ben Ḥaqula said, before she was definitively married, or when she was definitively married. The Mishnah supports Rebbi Ze‘ira: “Since the first cannot destroy the rights of the second.”

“Rebbi Eleazar says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.” What is immediately? Rebbi Ze‘ira says, before she was preliminarily married, or when she was preliminarily married. Rebbi Isaac ben Ḥaqula said, before she was definitively married, or when she was definitively married. The Mishnah supports Rebbi Ze‘ira: “Since the first cannot destroy the rights of the second.”

If somebody divorces his wife she should not live in the same courtyard or the same place. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits. When has this been said? If they were definitively married, not if they were not definitively married. But the wife of a Cohen if she was not definitively married, as well as the status of a preliminarily married woman in Jehudah, is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken” her since “bespeaking” does not fully acquire.

MISHNAH: If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced, except if there was an excuse. What would be an excuse? Mr. X divorced his wife conditionally, or he threw valuables for preliminary marriage to her and it was doubtful whether it was closer to her than to him; that is an excuse.

MISHNAH: If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced, except if there was an excuse. What would be an excuse? Mr. X divorced his wife conditionally, or he threw valuables for preliminary marriage to her and it was doubtful whether it was closer to her than to him; that is an excuse.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

“A man.” Why does the verse say, “any man”? To include that Gentiles who committed adultery or incest by Gentile rules should be judged by Gentile law, but if they committed adultery with a Jewishwoman, one judges them by Jewish law. Rebbi Eleazar said, of all of them there is only the Jewish betrothed, for if he had intercourse with a Jewish preliminarily married woman he is guilty, with a betrothed Gentile woman he cannot be prosecuted. If he had intercourse with a Jewish preliminarily married woman he is guilty. How is he found to be guilty? By their rules or by Jewish rules? If you say by Jewish rules, by two witnesses, 23 judges, after warning, and by stoning. If you say by their rules, by one witness, one judge, without warning, and by the sword.

“A man.” Why does the verse say, “any man”? To include that Gentiles who committed adultery or incest by Gentile rules should be judged by Gentile law, but if they committed adultery with a Jewishwoman, one judges them by Jewish law. Rebbi Eleazar said, of all of them there is only the Jewish betrothed, for if he had intercourse with a Jewish preliminarily married woman he is guilty, with a betrothed Gentile woman he cannot be prosecuted. If he had intercourse with a Jewish preliminarily married woman he is guilty. How is he found to be guilty? By their rules or by Jewish rules? If you say by Jewish rules, by two witnesses, 23 judges, after warning, and by stoning. If you say by their rules, by one witness, one judge, without warning, and by the sword.

By a document. This means, by a document which is not worth a peruṭah, but a document which is worth a peruṭah is money’s worth. Rebbi Ḥiyya stated in this respect: “Not only a document which is worth a peruṭah since a woman can have herself preliminarily married by anything which is worth a peruṭah. But even if he wrote it on an ostrakon or on papyrus and gave it to her, she is preliminarily married.”

By a document. This means, by a document which is not worth a peruṭah, but a document which is worth a peruṭah is money’s worth. Rebbi Ḥiyya stated in this respect: “Not only a document which is worth a peruṭah since a woman can have herself preliminarily married by anything which is worth a peruṭah. But even if he wrote it on an ostrakon or on papyrus and gave it to her, she is preliminarily married.”

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

From where even if he fell ill? The verse says, “in the seventh year he shall leave into freedom gratis.” I could think, even if he fled; the verse says, “six years he shall work.” What did you see to include this and to exclude that? After the verse included, it excluded. I am including the one who remains in his power and am exluding the one who is not in his power. Rebbi Abun bar Ḥiyya said that Rav Hoshaia asked: I understand that if he fell ill and fled afterwards, he has to make up [the time lost]. If he fled and then fell ill? Rebbi Ḥiyya bar Ada said, let us hear from the following: “If a woman rebels against her husband, one writes him a bill of rebellion on her ketubah.” And Rebbi Ḥiyya stated: One writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married one and one waiting for her levir. Where do we hold? If she rebelled against him while she was menstruating, the Torah instructed her to rebel. But we must hold that she rebelled when she was not menstruating and then started menstruating. Here she is unable to rebel, nevertheless you say, one writes. Here also, if he rebelled and then fell ill he has to make up. For he can say to him, if you had stayed with me, you would not have become sick. Rebbi Ḥinena said, that argument even works in the first case. If he fell ill and fled afterwards, he has to make up, since he can say to him, if you had stayed with me, you would have recuperated sooner.

Rebbi Hoshaia stated: How does he allot her? He tells her in front of two [witnesses]: “You are allotted to me.” In Rebbi Yose ben Rebbi Jehudah’s opinion, he gives her money for the allotment at the end. In the rabbis’ opinion, the money for allotment was given at the first hour. What is the difference between them? Her earning power. For him who says, he gives her money for the allotment at the end, her earning power belongs to her husband. For him who says, the money for allotment was given at the first hour, her earning power belongs to her father. Even for him who says, the money for allotment was given at the first hour, her earning power belongs to her husband. It is as if he said: “You are preliminarily married to me on condition that your earning power belong to me.”

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

From where did they learn rollover of oaths? From the suspected wife: Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

From where did they learn rollover of oaths? From the suspected wife: Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

MISHNAH: A man may contract a premininary marriage either in person or through an agent, and a woman may be taken in preliminary marriage either in person or through an agent. A man may give away his adolescent daughter in preliminary marriage himself or through his agent. If a man say to a woman: Be married to me preliminarily by this date fruit, be preliminarily married by that one, she is preliminarily married if one of them was worth a peruṭah, otherwise she is not preliminarily married. By this and by that one, she is preliminarily married if together they are worth a peruṭah, but if she was eating immediately what she received, she is not preliminarily married unless one of them was worth a peruṭah.

MISHNAH: A man may contract a premininary marriage either in person or through an agent, and a woman may be taken in preliminary marriage either in person or through an agent. A man may give away his adolescent daughter in preliminary marriage himself or through his agent. If a man say to a woman: Be married to me preliminarily by this date fruit, be preliminarily married by that one, she is preliminarily married if one of them was worth a peruṭah, otherwise she is not preliminarily married. By this and by that one, she is preliminarily married if together they are worth a peruṭah, but if she was eating immediately what she received, she is not preliminarily married unless one of them was worth a peruṭah.

MISHNAH: A man may contract a premininary marriage either in person or through an agent, and a woman may be taken in preliminary marriage either in person or through an agent. A man may give away his adolescent daughter in preliminary marriage himself or through his agent. If a man say to a woman: Be married to me preliminarily by this date fruit, be preliminarily married by that one, she is preliminarily married if one of them was worth a peruṭah, otherwise she is not preliminarily married. By this and by that one, she is preliminarily married if together they are worth a peruṭah, but if she was eating immediately what she received, she is not preliminarily married unless one of them was worth a peruṭah.

MISHNAH: A man may contract a premininary marriage either in person or through an agent, and a woman may be taken in preliminary marriage either in person or through an agent. A man may give away his adolescent daughter in preliminary marriage himself or through his agent. If a man say to a woman: Be married to me preliminarily by this date fruit, be preliminarily married by that one, she is preliminarily married if one of them was worth a peruṭah, otherwise she is not preliminarily married. By this and by that one, she is preliminarily married if together they are worth a peruṭah, but if she was eating immediately what she received, she is not preliminarily married unless one of them was worth a peruṭah.

MISHNAH: A man may contract a premininary marriage either in person or through an agent, and a woman may be taken in preliminary marriage either in person or through an agent. A man may give away his adolescent daughter in preliminary marriage himself or through his agent. If a man say to a woman: Be married to me preliminarily by this date fruit, be preliminarily married by that one, she is preliminarily married if one of them was worth a peruṭah, otherwise she is not preliminarily married. By this and by that one, she is preliminarily married if together they are worth a peruṭah, but if she was eating immediately what she received, she is not preliminarily married unless one of them was worth a peruṭah.

MISHNAH: A man may contract a premininary marriage either in person or through an agent, and a woman may be taken in preliminary marriage either in person or through an agent. A man may give away his adolescent daughter in preliminary marriage himself or through his agent. If a man say to a woman: Be married to me preliminarily by this date fruit, be preliminarily married by that one, she is preliminarily married if one of them was worth a peruṭah, otherwise she is not preliminarily married. By this and by that one, she is preliminarily married if together they are worth a peruṭah, but if she was eating immediately what she received, she is not preliminarily married unless one of them was worth a peruṭah.

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

Rav Hamnuna in the name of Rebbi Assi: If an underage girl married herself off preliminarily with two pubic hairs, her father repudiates the marriage but not she herself. This follows neither Rebbi Joḥanan nor Rebbi Simeon ben Laqish. If following Rebbi Joḥanan, there is no place for repudiation. If following Rebbi Simeon ben Laqish, the marriage is valid by biblical standards. It follows only Rebbi Joḥanan. Even though Rebbi Joḥanan says that everybody agrees about preliminary marriage that her father contracts but not she herself, he agrees in this case that the father repudiates on her behalf.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

Mishnah: “Be married to me preliminarily by this date fruit,” etc. The Mishnah [presents the case] that she said, I cannot accept this one, try that one; I cannot accept this one, try that one. “By this and by that one and by that one.” Who is the Tanna of Wawim? Rebbi Jehudah. But for Rebbi Meïr, either this or this or that one.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Abbahu in the name of Rebbi Joḥanan: The baraita if he said to her, by the deposit you are holding for me. But if he said, by everything which I deposited with you, she is not preliminarily married unless all of it is available. What is the difference between this and a loan? A loan was given to be spent; this was not given to be spent. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah.” Then even if a peruṭah’ s worth was left, she should not be preliminarily married unless all of them were available! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Abun said, were we not of the opinion to say, who is the Tanna of Wawim? Rebbi Jehudah. Rebbi Joḥanan said: The words of Rebbi Jehudah imply comprehensive one sacrifice, in detail three sacrifices. Just as he says there, comprehensive one sacrifice, in detail three sacrifices, so he says here, comprehensive one preliminary marriage, in detail three preliminary marriages.