Kiddushin 52: Can Stolen Items or Consecrated Items be Used for Kiddushin?

After another bizarre example that demonstrates that betrothals are nullified if a forbidden relationship is part of the contract, we move on to another consideration of our last Mishna.  The Gemara discusses stolen or consecrated items that are used to enact kiddushin.

Although the rabbis seem to agree that the betrothal is valid if it is not consummated, they disagree about whether the betrothal is valid if there is any question about the item exchanged in the act of kiddushin.  For example, is a man permitted to betroth a woman with produce taken on the shemita, the Sabbatical year (where produce can be used only for food and for no other benefit)?  Can he betroth a woman by stealing coins from someone and then throwing them to a woman while she washes her feet?  What if he uses the sediment from beer for the purpose of betrothal?  Or a handful of onions that he takes from his employer's field?  

The rabbis discuss how we might know that an item is forbidden, consecrated, or stolen.  They consider whether or not the man had the intention of using those particular items, even though their validity was questionable.  The rabbis question whether or not the man might have made previous arrangements, either with the woman or with his employer, to use a questionable object for the purpose of kiddushin.

A new Mishna speaks specifically about the betrothals of priests.  What are the implications of a priest who uses consecrated items for purposes other than those of the Temple service?  Some rabbis believe that consecrated items must be used only for their intended purpose; others believe that consecrated items belong to individual priests and they can use those gifts as they see fit.  

An interesting story tells us about Rabbi Yehuda, who told his students not to allow students of Rabbi Meir to learn with him after Rabbi Meir's death.  He said that these students do not come to learn but to overwhelm Rabbi Yehuda with halacha.  One student, Sumachos, made his way in.  He then spoke about Rabbi Meir's teaching on this subject:  a priest's betrothal using consecrated items - whether of great or small importance - is not valid.  Rabbi Yehuda became angry - here was proof of his point!  And women were not permitted to interact with priests and consecrated items in the courtyard, so this point wastes his time.  But Rabbi Yosei finally broke his silence, suggesting that an agent could be in the courtyard on behalf of a woman, or a woman could push her way through, and so this example was worth considering.  

Rabbi Yochanan noted that people will disparage the rabbis.  They will say that Rabbi Meir died, Rabbi Yehuda was angry, and Rabbi Yosei said nothing.  He then used a Torah verse (Numbers 18:9) to prove that all consecrated items were called "yours", and that this might imply whether or not those items should be used in other circumstances.

It is always interesting to read accounts of the rabbis meta-analysis of themselves and their importance.  Clearly the rabbis were attempting to be infamous, as they are today.  And they were concerned about their reputations - not only as scholars, but as conciliatory and humble leaders.