האיש מקדש בו ובשלוחו – at first by him and afterwards with his agent, for it is a greater Mitzvah by him than with his agent, for when he engages himself in the Mitzvah, he receives greater reward. And we derive [the concept] that the agent of a person is [considered] like that person (see also Mishnah Berakhot, Chapter 5, Mishnah 5) from a Biblical verse, as it is written (Exodus 12:6): “and all the assembled congregation of the Israelites shall slaughter it [at twilight],” for does the entire people of Israel slaughter the Passover [sacrifice]? But from here [we derive the concept] that the agent of a person is like that person.

האיש מקדש בת בתו כשהיא נערה – and all the more so when she is a minor. And the fact that the Mishnah took [the terminology] “a girl between the ages of twelve and twelve-and-one-half years of age” is the custom which comes to teach us that it is forbidden for a man to betroth his daughter when she is a minor until she grows [to adulthood] and says that I want [to be with] so-and-so.

ואם לאו, אינה מקודשת – for since he [i.e., the prospective husband] said, be betrothed to me, be betrothed to me, each one is [considered] betrothal on their own.

עד שיהא באחת מהן שוה פרוטה – this one of them is not established other with the concluding one of them, for if he said to her, “be betrothed to me with this, with that and with the other” and she would consume one at a time, all that she has consumed would be like a loan regarding her, and when she reaches the final one, the betrothal is completed; if it has [the value of] the equivalent of a Perutah/penny, he would betroth with a loan and a Perutah, and we establish that he who betroths with a loan and a Perutah, her mind is on the Perutah and she is betrothed; but if the last [item] is not worth a Perutah, even though that what came before is worth the equivalent of a Perutah, when we arrive at the conclusion of the betrothal, it is a betrothal through a loan, and one who [tries to] betroths through a loan, [the woman] is not betrothed.

של זהב ונמצא של כסף כו' – There are different people who prefer only that or that.

רבי שמעון אומר: אם הטעה לשבח, הרי זו מקודשת – Rabbi Shimon does not dispute other on [the question] of financial increase; for in and of itself, if it is of the same value, it would be fine for him. But regarding the increase in value of genealogies, such as “if he is a Levite, and it was found that he is a Kohen, Rabbi Shimon would admit that even if he had been deceived or he deceased her, even for something better, she is not betrothed, for his betterment is not pleasant for her since he exalts himself over her. And the Halakha is not according to Rabbi Shimon.

שפחה גודלת – who plaits women’s hair. Another explanation: someone who is talkative and a master of language, as it states (Ezekiel 35:13): “And you spoke arrogantly against Me [and multiplied your words against Me: I have heard it].”

אע"פ שאמרה בלבי היה להתקדש כו' – that words that are in the heart are not words.

הלך וקדשה במקום אחר – He is showing him [i.e., the agent] the place, and this is not a condition.

תצא שלא בכתובה – for he said that it is impossible for me with a woman who takes vows. But a Jewish bill of divorce is required from doubt, since he did not specify, perhaps his mind was on a woman who takes vows.

הפוסלים בכהנים – It is explained in Tractate Ketubot (Chapter 7, Mishnah 7).

סבלונות – presents that the groom generally sends to his betrothed.

אינה מקודשת – and we don’t say that he knew that his [act of] betrothal was not a betrothal and that he determined to send her presents of betrothal for the purpose of betrothal, but we say that because of the first betrothal, he sent [them].

וכן קטן שקידש – and he sent presents of betrothal when he became an adult

אינן מקודשות – as it says in Scripture (Leviticus 18:18): “Do not marry a woman as a rival to her sister [and uncover her nakedness in the other’s lifetime].” At the time when they became rivals/associate wives to each other you have no legal marriage, even with one of them. And the same law applies to all the cases of consanguinity (i.e., where a man and woman are forbidden to each other) where they have [the punishment of] Divine extirpation, for the betrothal does not take effect.

ושלהן היתה – We understand from our Mishnah that a person who betroths with stolen goods, and even with her stolen goods is not betrothed. And we do not say that when he received it, it took effect, for since it is taught that “it was theirs and it was Seventh-year produce,” that because it was of the Seventh year and the produce was ownerless, because of that, the women are betrothed, but sisters cannot be betrothed [to one man], but if it (i.e., the produce) was not of the Seventh-year, for it was [in reality] theirs (i.e., belonging to the sisters), betrothal does not take effect with any one of them. But especially when one betroths with stolen [produce] prior to despair [of the original owner of getting it back], we say that it is not a betrothal, but when one betroths with stolen [produce] after [the original owner] despairs [of getting it back], his betrothal is a betrothal. And we understand also that one who betroths with Seventh-year produce is betrothed. And we don’t say that they are not his monies to take possession of them, but rather, since he took possession of them, it is his money for all matters. And we also understand that a woman can become an agent for her fellow [female], and even in a case where she becomes her rival. And even though that in all testimony where a woman is fit to, the rival is not fit for it. But her agency, however, since it was done, it was done. For here in these betrothals, they are made rivals one to the other when she accepts it, for it is taught that sisters cannot become betrothed [to the same man], but women who are strangers (i.e., not related) may be betrothed [together]. And our Mishnah is reconciled in the Gemara (Kiddushin 52a) according to this Halakha, that a person who betroths a woman and her daughter or [betroths] a woman and her sister, both (i.e., woman and daughter AND woman and her sister) are viewed as one, and they are not betrothed. For one was [regarding] a woman and her daughter and one was [regarding] a woman and her sister, such as the case where he said to both of them: “One of you is betrothed to me,” but he did not explicate to which of them he is betrothing, and one of them accepted the betrothal/Kiddushin on behalf of her [female] partner (i.e., either her sister or her daughter), or both of them accepted the Kiddushin/betrothal as one, betrothed, but both of them require a Jewish bill of divorce. And if he said: “[to the one] who is appropriate for me for engage in sexual relations is betrothed to me,” they are not betrothed, for each one of them (i.e., these pairs of women – woman and sister; woman and daughter) there is [the question] of doubting her [on account of] the sister and of his wife, and none of them are appropriate for sexual relations. And there is also the story (spelled out in our Mishnah) and among them, two are sisters and one [man] collected a basked containing chosen fruits and said to the one appropriate for sexual relations, “become betrothed to me.” But the Sages said, that sisters may not become betrothed [to one man], but strangers who were worthy for sexual relationships can be betrothed. But if one [man] said: “All of you are betrothed to me,” not a single one of them are betrothed to him, for just as sisters cannot become betrothed [together to the same man], so all the others cannot betrothed to him, since he said, “all of you.”

המקדש בחלקו – [the portion] that he divided with his brothers who are Kohanim.

אינה מקודשת – because the Kohanim became worthy from the table of “On-High” (i.e., God), and Scripture states (Numbers 18:9): “This shall be yours from the most holy sacrifices: the gifts….” Just as fire you cannot use other than for eating, so too, these gifts you shall not use them other then for eating. And regarding tithes, it is written that they are for God, and it shall remain in his status.

רבי יהודה אומר מזיד קידש – Second Tithe, for it goes out to become non-sacred produce through redemption, and it was removed to non-sacred produce via this sanctification (i.e., betrothal). And Rabbi Meir there is no path of redemption in this manner.

ובהקדש – of keeping the Temple in repair.

מדיד קידש – for since he new that it was dedicated to the Temple and he removed it to non-sacred status on purpose, his holiness became profaned.

ובשוגג – that he did not know that it was dedicated Temple property and he did not like it that dedicated Temple property would become profaned by his hand, his holiness was not profaned, and she is not betrothed. But Rabbi Yehuda held the opposite, and the Halakha is according to Rabbi Meir in tithing, and according to Rabbi Yehuda as regarding objects dedicated to the Temple worship.

המקדש בערלה וכו' אינה מקודשת – since all of them are forbidden to derive benefit [from them]. The fruit of trees from the first three years, as it is written (Leviticus 19:23): “[Three years it shall be forbidden to you,] not to be eaten,” both the prohibition of eating and the prohibition of deriving benefit by implication.

ובכלאי הכרם – as it is written (Deuteronomy 22:9): “[You shall not sow your vineyard with a second kind of seed,] else the crop [from the seed you have sown – and the yield of the vineyard may not be used],” lest it be burned by fire.

ובשור הנסקל – as it is written concerning it (Exodus 21:26): “[When an ox gores a man or a woman to death, that ox shall be stoned] and its flesh shall not be eaten….”

ובעגלה ערופה – as it is written about it “absolve” like with things dedicated to the Temple (Kiddushin 57a) as it states (Deuteronomy 21:8): “Absolve [O LORD, Your people Israel whom You redeemed, and do not let guilt for the blood of the innocent remain among Your people Israel] and they will be absolved of bloodguilt.”

בציפורי מצורע – As is taught in a Baraita (Kiddushin 57a – the School of Rabbi Yishmael): It is stated: an offering which makes it fit [for admission to the Temple or eating sacred food] and an offering which procures atonement are mentioned within [the Temple]; the guilt offering of the leper which qualifies him to eat sacred food, and his sin offering which atones, both of them are offered inside [the Temple]. And it is stated: an offering which makes him fit and atones outside, also qualifies him; the birds of the leper that qualify him to come into the camp [of Israel], and which atone; the heifer whose neck is broken – where it says concerning it “and they will be absolved of bloodguilt” (Deuteronomy 21:8), and both of them are performed outside of the Temple court. Just as it qualifies him and atones for him which is mentioned – inside the Temple, which are the guilt offering and sin-offering of the leper, that which qualifies him is like that which atones, for both of them are sacred things and it is prohibited to derive any benefit from them, so also that which qualifies him and atones for him outside, which are the birds of the leper and the heifer whose neck is broken, qualifies for him as it atones for him are also prohibited to derive benefit [from them]. And from when are the birds of the leper prohibited to derive benefit? From the time of their slaughter, and the slaughtered bird alone is prohibited to benefit from it; but the heifer whose neck is to be broken – its being brought down to an ever-flowing wadi, prohibit it [to derive benefit from it].

ובשער הנזיר – As Scripture states (Numbers 6:5): “[Throughout the term of his vow as nazirite, no razor shall touch his head;] it shall remain consecrated [until the completion of his term as nazirite of the LORD,] the hair of his head being left to grow untrimmed.” The growth of the untrimmed hair of his head makes it holy.

ופטר חמור – It is stated concerning him (i.e., the firstling ass) (Exodus 13:13): “[But every firstling ass you shall redeem with a sheep; if you do not redeem it] you must break its neck….” And it is stated concerning the heifer whose neck is to be broken (Deuteronomy 21:4): “There, in the wadi, they shall break the heifer’s neck. Just as the heifer whose neck is broken is prohibited to derive benefit from it, so also one may not derive benefit from the firstling ass, and it is not permitted to derive benefit from the heifer other an after its neck is broken.

ובבשר בחלב – it is stated three times [in the Torah: (Exodus 23:19; Exodus 34:26 and Deuteronomy 14:21): “You shall not boil a kid in its mother’s milk,” One of them prohibits eating and one prohibits deriving benefit and one of them prohibits cooking.

ובחולין שנשחטו בעזרה – as it is written (Deuteronomy 12:21): “[If the place where the LORD has chosen to establish His name] is too far from you, you may slaughter [any of the cattle or sheep that LORD gives you…].”If the Place is distant from you, you may slaughter, but you may not slaughter if the Place is close to you. It is possible that you may not eat it, but rather cast it to dogs, as we learn (Exodus 22:30): “[You shall be holy people to Me: you must not eat flesh torn by beasts in the field;] you shall cast it to the dogs.” That (i.e., flesh torn by beasts in the field) you shall cast to the dogs, but not non-sacred animals that were slaughtered in the Temple court.

מכרן וקדש בדמיהן מקודשת – for you may not have anything that stamps its purchase price [with its own sacred character] that will be like it other than idolatry and Seventh-year produce. Idolatry – as it states (Deuteronomy 7:26): “[You must not bring an abhorrent thing into your house,] or you will be proscribed like it; [you must reject it as abominable and abhorrent, for it is proscribed].” Everything from which you derive benefit, it becomes like it. And [concerning] Seventh-year produce, where it says (Leviticus 25:12): “[For it is a jubilee.] It shall be holy to you; [you may only eat the growth direct from the field.]” It stamps its purchase price like something dedicated to the Temple. And Idolatry and Seventh-year produce are two verses that come with the same teaching, and all cases which have two verses that come with the same teaching, we don’t learn anything from them.

המקדש בתרומות – The Great Terumah (i.e., the two-percent that every Israelite gives to a Kohen) and the “tithe-of-the tithe” (i.e., the one-tenth of the tenth that the Levite receives from an Israelite that goes to a Kohen).

ובמעשרות – First Tithe and the Poor Tithe.

ומתנות – the shoulder, the cheeks and the stomach (see Deuteronomy 18:3).

ובמי חטאת – and with the water of the ashes of a sin-offering, and they are suitable to be sold to the impure to take from the reward for bringing them to the Temple place and the reward for drawing water for the altar. But the reward for sprinkling and the reward for Kiddush, which is giving the ashes in water, is forbidden.

ואפילו ישראל – this is how it should be understood: And even an Israelite to whom fell Terumot and gifs from the house of his mother’s father who is a Kohen, for he was found worthy of them and he is able to sell them to Kohanim, and if he betrothed a woman with them, she is betrothed. And even if Terumot did not fall to him, but rather eatables forbidden pending the separation of sacred gifts, which had not yet been dedicated, for since, the Kohen inherits them, he stands to raise them and these Terumot are his. And this Israelite who inherited them also can separate from them the Terumah and it is his, and he can sell them to Kohanim, for the gifts that had not been dedicated are like those that had been dedicated.