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Kiddushin: Difference between revisions

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While today's engagement's only correspond to dating in a halachic sense<ref>See Mishna Brurah 493:3</ref>, there is a process called Kiddushin which is the halachic act of engagement.<ref>Kiddushin 2a, Rambam (Ishut 1:2)</ref> Once a woman is halachically engaged (''mekudeshet''), she may not marry anyone else unless she receives a halachic divorce (''get'') or if her husband dies.<ref>Mishna Kiddushin 2a, Rambam (Gerushin 1:1)</ref> If the husband dies without children, in certain cases, there is a mitzvah of Chalitza prior to remarrying.<ref>Rambam (Yibum 1:2)</ref>
While today's engagement's only correspond to dating in a halachic sense<ref>See Mishna Brurah 493:3</ref>, there is a process called Kiddushin which is the halachic act of engagement.<ref>Kiddushin 2a, Rambam (Ishut 1:2)</ref> Once a woman is halachically engaged (''mekudeshet''), she may not marry anyone else unless she receives a halachic divorce (''get'') or if her husband dies.<ref>Mishna Kiddushin 2a, Rambam (Gerushin 1:1)</ref> If the husband dies without children, in certain cases, there is a mitzvah of Chalitza prior to remarrying.<ref>Rambam (Yibum 1:2)</ref>
   
   
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# It is proper to specify witnesses for the Kiddushin, however, if a mistake occurred and the witnesses were invalid, the marriage is valid as long as other kosher witnesses were watching.<ref>Nefesh HaRav (p. 261). See Chatom Sofer EH 100, Achiezer EH 27. see also [http://www.yutorah.org/lectures/lecture.cfm/820596/Rabbi_Aryeh_Lebowitz/From_The_Rabbi's_Desk_-_Wedding_Questions From_The_Rabbi's_Desk_-_Wedding_Questions] by Rabbi Aryeh Lebowitz</ref>
# It is proper to specify witnesses for the Kiddushin, however, if a mistake occurred and the witnesses were invalid, the marriage is valid as long as other kosher witnesses were watching.<ref>Nefesh HaRav (p. 261). See Chatom Sofer EH 100, Achiezer EH 27. see also [http://www.yutorah.org/lectures/lecture.cfm/820596/Rabbi_Aryeh_Lebowitz/From_The_Rabbi's_Desk_-_Wedding_Questions From_The_Rabbi's_Desk_-_Wedding_Questions] by Rabbi Aryeh Lebowitz</ref>


==Procedure of Tenayim==
# The old minhag was to write the Tenayim at the time of engagement in order to impose a monetary penalty on the party that backs out from the marriage. However, today it isn't written at all or only written immediately before marriage. <ref>[http://www.yutorah.org/lectures/lecture.cfm/827065/Rabbi_Hershel_Schachter/Seder_Kiddushin_and_Nesuin Rav Schachter in "Seder Kiddushin and Nesuin" (min 1-2)]</ref>
# For those who write tenayim prior to the wedding, here's a text according to Rav Moshe Feinstein and the text of other gedolim: [http://www.hebrewbooks.org/pdfpager.aspx?req=46545&pgnum=377 Nitai Gavriel Nesuin v. 1 p. 377].
==Sources==
==Sources==
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[[Category:Lifecycles]]
[[Category:Lifecycles]]
[[Category:Interactions between Men and Women]]
[[Category:Interactions between Men and Women]]