פרק א
דף 2a
עמוד א
רש''י
Rashi
MISHNA: A woman is acquired by, i.e., becomes betrothed to, a man to be his wife in three ways, and she acquires herself, i.e., she terminates her marriage, in two ways. The mishna elaborates: She is acquired through money, through a document, and through sexual intercourse. With regard to a betrothal through money, there is a dispute between tanna’im: Beit Shammai say that she can be acquired with one dinar or with anything that is worth one dinar. And Beit Hillel say: She can be acquired with one peruta, a small copper coin, or with anything that is worth one peruta. The mishna further clarifies: And how much is the value of one peruta, by the fixed value of silver? The mishna explains that it is one-eighth of the Italian issar, which is a small silver coin.
And a woman acquires herself through a bill of divorce or through the death of the husband. A woman whose husband, who had a brother, died childless [yevama], can be acquired by the deceased husband’s brother, the yavam, only through intercourse. And she acquires herself, i.e., she is released from her levirate bond, through ḥalitza or through the death of the yavam.
GEMARA: The mishna teaches that a woman can be acquired in three ways. The Gemara asks: What is different here that this mishna teaches: A woman is acquired, using the language of acquisition, and what is different there, in the beginning of the next chapter (42a), which teaches: A man betroths, using the language of betrothal? The Gemara explains: In this mishna the tanna utilized the language of acquisition because he wanted to teach about betrothal through money, which is the standard means of exchange in an act of acquisition.
The Gemara continues its explanation: And from where do we derive that betrothal is accomplished by means of giving money? It is derived by means of a verbal analogy between the term expressing taking stated with regard to betrothal and from the term expressing taking with regard to the field of Ephron. How so? It is written here, with regard to marriage: “When a man takes a woman” (Deuteronomy 24:1), and it is written there, concerning Abraham’s purchase of the field of the Cave of Machpelah from Ephron the Hittite: “I will give money for the field; take it from me” (Genesis 23:13). This verbal analogy teaches that just as Ephron’s field was acquired with money, so too, a woman can be acquired with money.
The Gemara continues: And the taking of Ephron’s field is called an acquisition in the Torah, as it is written with regard to the same issue: “The field which Abraham acquired” (Genesis 25:10).