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Mishnayos Kiddushin Perek 2 Mishnah 5

קידושין פרק ב׳ משנה ה׳

5

In the case of one who betroths a woman on the condition that there are no vows incumbent upon her to fulfill, and it was found that there were vows incumbent upon her to fulfill, she is not betrothed, since his condition was not fulfilled. If he married her without specification, and it was found that there were vows incumbent upon her to fulfill, the marriage takes effect. Nevertheless, he has the right to divorce her, and she is divorced without receiving payment of her marriage contract, as it is assumed that he would not have married her had he known that she was limited by her vows. Similarly, if he betrothed her on the condition that there are no blemishes upon her, and she was discovered to have blemishes, she is not betrothed. In a case where he married her without specification and she was discovered to have blemishes, he has the right to divorce her, and she is divorced without receiving payment of her marriage contract. As to what is defined as a blemish, the rule is that all the blemishes that disqualify priests from performing the Temple service, as detailed in tractate Bekhorot, also disqualify women from receiving their marriage contract in case of divorce.

הַמְקַדֵּשׁ אֶת הָאִשָּׁה עַל מְנָת שֶׁאֵין עָלֶיהָ נְדָרִים וְנִמְצְאוּ עָלֶיהָ נְדָרִים, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ עָלֶיהָ נְדָרִים, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. עַל מְנָת שֶׁאֵין עָלֶיהָ מוּמִין וְנִמְצְאוּ בָהּ מוּמִין, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ בָהּ מוּמִין, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. כָּל הַמּוּמִין הַפּוֹסְלִים בַּכֹּהֲנִים, פּוֹסְלִים בַּנָּשִׁים:

ה׳
Bartenura

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).

תצא שלא בכתובה. דאמר אי אפשי באשה נדרנית. אבל גיטא בעיא מספק כיון דלא פירש, דלמא דעתיה נמי אנדרנית:

הפוסלים בכהנים. מפורש בכתובות [דף עה]: