daf bit: Kiddushin 56

[cellio]

When a man betrothes a woman he must pay a bride-price, which need not be in cash but can be in goods. However, the mishna teaches that several possible payments are off limits: he cannot pay with fruit that is forbidden to eat (orlah), nor with an animal destined for sacrifice, nor with the ox condemned to be killed for goring, nor with meat seethed in milk, among others. If he pays with these, he is not betrothed. However, if he sells any of those items and betrothes her with the money gained from the sale, then he is betrothed. (56b)

Some of these (like the ox) are things I would have expected to be in the category of "you may derive no benefit from these". (The g'mara argues about this with respect to the meat/milk mixture on 57, today's daf.) I guess benefit ok but you have to have one level of indirection in the case of marriage contracts?

(I'm not sure where he would get buyers for some of these, but that is not the mishna's concern here.)

Comments

[kayre]

What fruit is forbidden to eat?

[cellio]

Fruit grown in the first three years of the tree's life.

(Also anything grown in the land of Israel during the sabbatical year (one in seven) would be forbidden, though it's not cited here.)

[zevabe.livejournal.com]

"anything grown in the land of Israel during the sabbatical year (one in seven)" would in fact be permitted to be eaten. However, it does not belong to the person in possession, inso far as he may not transact buisness (including paying for a bride) with it. However, it is his in the sense that he may use it on the first day of Sukkot (4 species need to be yours on day 1).

[cellio]

Thanks for the clarification! I hadn't realized that the concerns about buying orlah were more about ownership (can I buy this?) than eating.

[zevabe.livejournal.com]

Oh, orlah is prohibited for benefit, including eating. But Shemitta has to do with ownership. Eating shemitta is in fact encouraged.