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Kiddushin: Difference between revisions
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==How to accomplish Kiddushin== | ==How to accomplish Kiddushin== | ||
# Kiddushin in theory could be accomplished in one of three ways: using money, a written document, or through marital relations.<Ref>Mishna Kiddushin 2a, Rambam (Ishut 1:2), | # Kiddushin in theory could be accomplished in one of three ways: using money, a written document, or through marital relations.<Ref>Mishna Kiddushin 2a, Rambam (Ishut 1:2), Shulchan Aruch 26:4</ref> However, accomplishing Kiddushin through marital relations is a deplorable practice and is strictly forbidden.<ref>The Gemara Kiddushin 12b records Rav's insistence on not accomplishing Kiddushin with martial relations that he would give lashes to anyone who did such. Rashi (s.v. derav) and Rambam (Ishut 3:21) explain that the reason it is deplorable is because it is licentious. Shulchan Aruch EH 26:4 codifies this as halacha. </ref> | ||
# The minhag is to accomplish Kiddushin with money as opposed to a written document. <ref>Rambam (Ishut 3:21). [http://www.yutorah.org/lectures/lecture.cfm/786134/Rabbi_Hershel_Schachter/Hilchos_Siddur_Kiddushin Rav Schachter in a shiur on yutorah ("Hilchos Siddur Kiddushin", min 4)] explained that the reason we do so is because we are registering our compliance with chazal and disagreement with the karaites who didn't accept Kiddushin through money. Nitai Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money as opposed to a written document. </ref> | # The minhag is to accomplish Kiddushin with money as opposed to a written document. <ref>Rambam (Ishut 3:21). [http://www.yutorah.org/lectures/lecture.cfm/786134/Rabbi_Hershel_Schachter/Hilchos_Siddur_Kiddushin Rav Schachter in a shiur on yutorah ("Hilchos Siddur Kiddushin", min 4)] explained that the reason we do so is because we are registering our compliance with chazal and disagreement with the karaites who didn't accept Kiddushin through money. Nitai Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money as opposed to a written document. </ref> | ||
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==Procedure of Kiddushin== | ==Procedure of Kiddushin== | ||
# The minhag is to do Kiddushin with a ring.<ref> | # The minhag is to do Kiddushin with a ring.<ref>Shulchan Aruch EH 31:2</ref> | ||
# Some say it is preferable not to do kiddushin at night. <ref>Beer Heitev EH 26:4 quoting the Reem and Knesset HaGedola. See also Tosfot Ketubot 2a s.v. LeYom.</ref> During the winter this is usually impractical.<ref>[http://www.yutorah.org/lectures/lecture.cfm/824763/Rabbi_Hershel_Schachter/Shiur_#54_-_Kesubos_-_Chazara Rav Schachter Ketubot shiur 54 (min 30-7)] said that it is recommended to get married during the day, but during the winter it is impractical and personally his wedding (officiated by Rav Moshe Feinstein) was during the winter and during the night.</ref> | # Some say it is preferable not to do kiddushin at night. <ref>Beer Heitev EH 26:4 quoting the Reem and Knesset HaGedola. See also Tosfot Ketubot 2a s.v. LeYom.</ref> During the winter this is usually impractical.<ref>[http://www.yutorah.org/lectures/lecture.cfm/824763/Rabbi_Hershel_Schachter/Shiur_#54_-_Kesubos_-_Chazara Rav Schachter Ketubot shiur 54 (min 30-7)] said that it is recommended to get married during the day, but during the winter it is impractical and personally his wedding (officiated by Rav Moshe Feinstein) was during the winter and during the night.</ref> | ||
