Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : the father is deemed credible concerning the ages of his children with regard to vows, i.e., any vow they make is valid; and with regard to dedications, i.e., if they consecrate an item by saying it should be dedicated to God; and with regard to consecrations and with regard to valuations, i.e., vows to donate to the Temple treasury the fixed valuation of oneself or others. In all these cases their vows are valid. But the father is not deemed credible with regard to lashes of the court, or with regard to other corporal punishments for transgressions they have committed, as the testimony of one witness, especially that of a family member, is insufficient for this purpose.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If a father says: I betrothed my minor daughter to someone, or: I betrothed her to someone and accepted her divorce when she was a minor girl, and she is still a minor girl at the time of this statement, he is deemed credible to render her forbidden to all other men as a married woman, or to a priest as a divorced woman. But if he says: I betrothed her to someone and accepted her divorce when she was a minor, and she is an adult woman at the time of his declaration, his statement is not deemed credible. Likewise, if he says: She was taken captive and I redeemed her, he is not deemed credible to disqualify her from marrying a priest whether she was a minor girl or an adult woman.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Gemara asks: What is different in the first clause of the mishna and what is different in the latter clause? Why is the father deemed credible when she is a minor but not when she is an adult or to testify that she was taken captive? The Gemara answers: In the first clause it is still in his power to betroth her, and therefore he is deemed credible when he says that he did so earlier. By contrast, in the latter clause it is not in his power to betroth her, as one cannot betroth his adult daughter. Likewise, as it is not permitted for him to disqualify her by handing her over to a gentile, either when she is a minor or when she is an adult, he is not deemed credible when he says that she was taken captive.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But does a father not have the power to disqualify his daughter? But it is in his power to marry off his minor daughter to a ḥalal, i.e., the son of a priest who married a woman prohibited to him, which thereby disqualifies her from marrying into the priesthood. The father should therefore be deemed credible when he claims that she was taken captive.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara responds: This is not difficult, as one can say that the mishna is in accordance with the opinion of Rabbi Dostai ben Yehuda, who says: The daughters of Israelites are a ritual bath of purity for individuals of ḥalal status. In other words, an Israelite woman who marries a ḥalal purifies their children, i.e., renders their children fit, in that any daughter born to them is qualified to marry a priest. Similarly, the woman herself does not become disqualified by her intercourse with the ḥalal, and she may marry a priest if her husband dies. If so, a father does not have the power to disqualify his daughter from marrying into the priesthood.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges: But it is in the father’s power to marry her off to a mamzer, thereby disqualifying her from the priesthood. The Gemara answers: This tanna holds in accordance with the opinion of Rabbi Akiva, who says: Betrothal does not take effect even with those women with whom one is only liable for violating a prohibition of engaging in intercourse and not a more severe prohibition that would render one liable for karet or capital punishment, so betrothal does not take effect with a mamzer.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further challenges: But it is in the father’s power to marry her off as a widow to a High Priest, and this is in accordance with the opinion of Rabbi Simai, as it is taught in a baraita that Rabbi Simai says: In all cases Rabbi Akiva deems the child a mamzer, i.e., he considers the offspring of all forbidden acts of intercourse to be mamzerim, apart from a widow to a High Priest, as the Torah stated with regard to a High Priest: “A widow…shall he not take…and he shall not profane [yeḥallel] his seed” (Leviticus 21:14–15). From this verse it is derived: He renders his children ḥalalim by means of this relationship, but he does not render them mamzerim. Since this act of intercourse does not produce mamzerim, Rabbi Akiva agrees that betrothal is effective in this case.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: The tanna of the mishna holds in accordance with the opinion of Rabbi Yeshevav, who says: Come, let us shout at Akiva ben Yosef, who would say: In every case where a Jew may not engage in intercourse with a particular woman, and he does so, the offspring that results from this union is a mamzer. This indicates that according to Rabbi Akiva all acts of forbidden intercourse produce mamzerim. Consequently, betrothal is of no effect in the case of any prohibition, including a widow to a High Priest, which means that a father cannot disqualify his daughter from the priesthood.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: This mishna can work out well even according to the opinion of Rabbi Yeshevav if he states a reasoning of his own, i.e., he states an independent statement critical of Rabbi Akiva’s ruling that the child of any illicit union is a mamzer. Then, the ruling of the mishna is well, as it is a categorical statement that applies to all illicit unions. But if he comes to exclude the reason of Rabbi Simai, i.e., he means to take issue with the ruling of Rabbi Akiva in the specific case mentioned by Rabbi Simai, that of a widow to a High Priest, then Rabbi Yeshevav too concedes that according to the opinion of Rabbi Akiva, betrothal does take effect in a case where a positive mitzva is violated by the betrothal. Accordingly, it is in the father’s power to marry her to those with whom intercourse renders them liable for the violation of positive mitzvot, as Rabbi Akiva’s principle does not include cases of this kind.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi says: And how can you understand it that way? Can it be that the reason for the halakha in the first clause of the mishna is because it is in his power? Although it is in his power to betroth her, is it in his power to divorce her? And furthermore, if this one, the prospective husband, says that it is not satisfactory for him to betroth her, can her father betroth her to him against his will? A father cannot betroth his daughter to whomever he chooses without taking the man’s wishes into account.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, Rav Ashi says: In the first clause of the mishna, the reason is that the Merciful One believes him, in accordance with the opinion of Rav Huna, as Rav Huna says that Rav says: From where is it derived that a father is deemed credible to render his daughter forbidden as a betrothed woman by Torah law? As it is stated: “I gave my daughter to this man [la’ish hazzeh]” (Deuteronomy 22:16). When the father said that he married her to “the man [la’ish],” he rendered her forbidden to all men. When he then said “this [hazzeh],” he rendered her permitted to this specific man, her husband.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi explains the ruling of the mishna: The Merciful One deems the father credible with regard to marriage, whereas He does not deem him credible with regard to a captive. The Torah did not grant a father any special credibility with regard to the claim that his daughter was taken captive.