Chapter Overview
Chapter 5 explores a central question:
What qualifies as “money” or value for Kiddushin?
The Rambam examines dozens of cases involving:
- Prohibited items
- Sacred property
- Stolen goods
- Loans
- Deposits
- Services
- Gifts to third parties
- Conditions attached to the payment
The chapter develops a fundamental principle:
Kiddushin requires that the woman receive a genuine, legally recognized benefit worth at least a perutah.
Halachot 1-2 – Items Forbidden for Benefit
If a man uses something that is forbidden for benefit (issurei hana’ah):
Examples:
- Chametz on Pesach
- Meat and milk mixtures
- Similar prohibited items
the Kiddushin is invalid.
Why?
Because the item has no halachic monetary value.
This applies even to items whose prohibition is only Rabbinic, such as chametz during the sixth hour of Erev Pesach.
Halachah 3 – Money Received from Forbidden Property
If forbidden property was sold and Kiddushin is performed with the proceeds:
Generally:
The Kiddushin are valid.
Exception: Idolatry
Money received from selling idolatry remains forbidden.
Therefore:
Kiddushin performed with such proceeds are invalid.
Halachah 4 – Waste Products of Prohibited Objects
The Rambam distinguishes carefully.
Waste of Idolatry
Still forbidden.
No Kiddushin.
Waste of a Stoned Ox
Permitted.
Therefore:
Kiddushin are valid.
Halachot 5-6 – Special Holy Objects
The Rambam discusses unusual cases:
Valid Kiddushin
- Shemittah produce
- Ashes of the Red Heifer
- Nidah purification waters
Hekdesh Property
If Temple property is used unintentionally:
Kiddushin can take effect.
The man must then repay the Temple and bring the required sacrifice.
Halachot 7-8 – Ma’aser and Gifts to Kohanim
Ma’aser Sheni
Cannot be used for Kiddushin.
Terumah and Similar Gifts
Can be used by those entitled to them.
Examples:
- Terumah
- Terumat Ma’aser
- Bikkurim
- Ma’aser Rishon
- Ma’aser Ani
Since they possess monetary value to their recipients.
Halachah 9 – Benefit Rights Are Not Property
A major economic principle appears here.
A Jew who merely possesses:
“Tovat hana’ah”
(the right to decide which Kohen receives terumah)
does not possess actual ownership.
Therefore:
Kiddushin with such rights do not work.
Halachah 10 – Stolen Property
If the object remains stolen:
No Kiddushin.
If the original owner despaired of recovery and the thief legally acquired it:
The Kiddushin may take effect.
The critical issue is whether the object legally belongs to the man at the moment of Kiddushin.
Halachot 11-12 – Property Taken Without Permission
A person takes something from another’s house and uses it for Kiddushin.
Even if the owner later says:
“You should have taken something nicer,”
the Rambam assumes this was merely politeness.
Therefore:
No Kiddushin.
For very insignificant items that owners normally ignore, Kiddushin may exist only as a doubt.
Halachah 13 – Returning Stolen Property to the Woman
Suppose he stole from the woman herself and then says:
“Be betrothed to me with this item.”
If they previously discussed marriage
Her silence may indicate consent.
Without prior discussion
Silence is meaningless.
She is simply recovering her own property.
Only an explicit “yes” creates Kiddushin.
Halachot 14-15 – Deposits and Debts
A woman has:
- A deposit in his possession
- Or money he owes her
Merely returning what already belongs to her does not create Kiddushin.
Why?
Because she receives nothing new.
However, if she expressly agrees before receiving it, certain cases can create valid Kiddushin.
Halachot 16-18 – Kiddushin Through a Loan
One of the most famous rules in Kiddushin:
“HaMekadesh b’milveh einah mekudeshet.”
A man cannot betroth a woman through forgiving an existing loan.
The money already belongs to her.
Nothing new is being transferred.
Therefore:
The Kiddushin are invalid.
Exception: Benefit of Extended Time
If he says:
“I will delay collection of the loan”
and uses that extension as the Kiddushin value:
The Kiddushin are valid.
The benefit has measurable value.
Halachah 19 – Combining a Loan with New Money
If he says:
“Be betrothed through this loan and this perutah”
the Kiddushin are valid.
The fresh perutah creates the transaction.
Halachah 20 – Debt Owed by Another Person
If a third party owes him money and he transfers that debt to her in the presence of all three parties (ma’amad shloshtan):
Kiddushin are valid.
Halachot 21-22 – Kiddushin Through Indirect Benefit
The Rambam introduces a fascinating principle:
A person may receive value even without receiving money directly.
Example
She says:
“Give a gift to someone else, and I will become betrothed.”
The man gives the gift.
Her satisfaction from causing the gift can itself serve as the value for Kiddushin.
The “Important Person” Case
A woman gives a gift to an important man.
His acceptance itself gives her benefit and honor.
That benefit can function as Kiddushin value.
This is one of the Rambam’s most subtle applications of intangible monetary benefit.
Halachah 23 – Collateral
If he says:
“Be betrothed with this future dinar; meanwhile hold this collateral.”
No Kiddushin occurs.
She has not received the promised money.
However, an actual secured collateral interest may have enough monetary substance to support Kiddushin.
Halachah 24 – Money Given on Condition of Return
If he says:
“Be betrothed with this coin on condition that you return it.”
The Kiddushin are invalid.
If she returns it:
- She gained nothing.
If she does not return it:
- The condition fails.
Either way, Kiddushin cannot stand.
Halachot 25-28 – Multiple Items
The Rambam analyzes successive gifts.
Separate Statements
“Be betrothed with this.”
“Be betrothed with this.”
“Be betrothed with this.”
Each stands independently.
Single Combined Statement
“Be betrothed with all of these.”
The values combine.
The total value must equal at least a perutah.
While Eating the Items
If she eats each item immediately, earlier items may effectively become a debt.
In some formulations only the final item remains available to create Kiddushin.
The exact wording becomes crucial.
Halachah 29 – A Cup Filled with Liquid
A final intriguing case.
He says:
“Be betrothed with this cup.”
Filled with Water
The cup and water are viewed together.
Filled with Wine
Primary value is the cup.
Filled with Oil
Primary value is the oil.
The determination depends on what people ordinarily regard as the principal item.
Major Principles of the Chapter
| Principle | Rule |
| Forbidden benefit | Cannot be used for Kiddushin |
| Stolen property | Requires legal ownership first |
| Existing loan | Cannot create Kiddushin |
| New benefit | Can create Kiddushin |
| Deposit already belonging to her | Usually ineffective |
| Value must equal a perutah | Minimum requirement |
| Indirect benefit | Sometimes counts as value |
| Ownership and transfer | Essential for valid Kiddushin |
Chapter Theme
Chapter 5 transforms the laws of Kiddushin into a study of halachic economics. The Rambam systematically defines what constitutes transferable value, teaching that valid Kiddushin depends not merely on giving an object, but on conveying genuine ownership or measurable benefit to the woman. The chapter therefore becomes a foundation not only for marriage law, but also for Jewish concepts of property, value, and legal acquisition.