Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-qks25 Total loading time: 0 Render date: 2024-08-07T05:22:08.523Z Has data issue: false hasContentIssue false

10 - Devarim she-be-lev eynam devarim: mental reservations in contracts are disregarded

Published online by Cambridge University Press:  06 January 2010

Get access

Summary

The sugya is Kiddushin 49b–50a. Devarim she-be-lev eynam devarim literally translated is: ‘words in the heart (= the mind) are not words’. As a technical, legal term the meaning is: if, in any contractual arrangement, there are mental reservations contrary to its verbal or practical implications, these reservations are disregarded.

The sugya is appended to a Mishnah which reads: ‘If a man betroths a woman, stating as a condition “that I am a priest” [i.e. he assures her that she is being betrothed by a member of a priestly family, the aristocracy] and he is found to be [only] a Levite [belonging to a lower social class] or [he states that] he is a Levite and he is found to be a priest [she may not wish to marry into the higher social class]; a Nathin [a Gibeonite, a bastard according to Rabbinic law] and he is found to be a mamzer [a bastard according to Biblical law] or a mamzer and he is found to be [only] a Nathin; a resident in a small town and he is found to be a resident of a large town or a large town and he is found to be of a small town; “on the condition that my house is near to the bath-house” and it is found to be distant, or distant and it is found to be near [and she may not want to live too near to the bath-house]; on the condition that he has a daughter or an adult slave-girl and he has none, or that he has none and is found to have; on the condition that he has no children and he has; or on the condition that he has children and he has none; in all these cases the betrothal is invalid even if she [subsequently] stated: “It was my intention [lit. ‘in my heart’] to be betrothed unto him” [regardless of his status or condition].

Type
Chapter
Information
The Talmudic Argument
A Study in Talmudic Reasoning and Methodology
, pp. 101 - 109
Publisher: Cambridge University Press
Print publication year: 1984

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×