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Kiddushin: Difference between revisions
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→The Beracha for Kiddushin (Birkat Erusin): Shitat HaRosh II
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==The Beracha for Kiddushin (Birkat Erusin)== | ==The Beracha for Kiddushin (Birkat Erusin)== | ||
# Before <ref>Like all Birkot HaMitzvah, the Beracha must be made before doing the Mitzvah (Pesachim 7b). The Rif (Sh"T 293) and Rambam (Hilchot Ishut 3:23) write that it would be a Beracha Levatala to make the Beracha after the Kiddushin. However, many Rishonim, including Tosafot beShem Rabbeinu Tam (Pesachim 7b), Rashba (Ketubot 7b), Raavad (ibid.), She'etot (16), Tosafot Rid (Ketubot 7a), Tosafot HaRosh (Pesachim 7b), Maggid Mishneh (who really agrees with the Rambam, but says the Minhag is not like him), and Ramach, hold that one should make the Beracha afterwards, as it's a Birkat HaShevach. Additionally, it's Teluya beDaat Acherim, meaning that it depends on the woman agreeing, so, if she doesn't, one just made a Beracha Levatala. | # Before <ref>Like all Birkot HaMitzvah, the Beracha must be made before doing the Mitzvah (Pesachim 7b). The Rif (Sh"T 293) and Rambam (Hilchot Ishut 3:23) write that it would be a Beracha Levatala to make the Beracha after the Kiddushin. However, many Rishonim, including Tosafot beShem Rabbeinu Tam (Pesachim 7b), Rashba (Ketubot 7b), Raavad (ibid.), She'etot (16), Tosafot Rid (Ketubot 7a), Tosafot HaRosh (Pesachim 7b), Maggid Mishneh (who really agrees with the Rambam, but says the Minhag is not like him), and Ramach, hold that one should make the Beracha afterwards, as it's a Birkat HaShevach. Additionally, it's Teluya beDaat Acherim, meaning that it depends on the woman agreeing, so, if she doesn't, one just made a Beracha Levatala. | ||
The Rosh (Ketubot 1:12) first brings the opinion of the Rif that one must make the Beracha before, but he then brings the latter opinion and doesn't explicitly take sides. On the other hand, In his Teshuvot (Kllal 26) he explicitly sides with the Rif. The Korban Netanel suggests that the Rosh must really hold like the Rif, but brought the latter opinion to indicate thar if one did forget to make the Beracha before the Kiddushin, there is what to rely on to make it afterwards. The Beit Shmuel (34:4) and Chelkat Mechokek (34:2) both assume like this, as well, though they make no reference to the Rosh. </ref> the Chattan gives the Kallah the ring, the Mesader Kiddushin says HaGefen on a cup of wine, then the following Birkat Erusin: ברוך אתה ה' אלקנו מלך העולם אשר קדשנו במצותיו וצונו על העריות ואסר לנו את הארוסות ותיר לנו את הנשואות לנו על ידי חופה ב\וקידושין ברוך אתה ה' מקדש עמו ישראל על ידי חופה ב\וקידושין" | The Rosh (Ketubot 1:12) first brings the opinion of the Rif that one must make the Beracha before, but he then brings the latter opinion and doesn't explicitly take sides. On the other hand, In his Teshuvot (Kllal 26) he explicitly sides with the Rif. The Korban Netanel (2) suggests that the Rosh must really hold like the Rif, but brought the latter opinion to indicate thar if one did forget to make the Beracha before the Kiddushin, there is what to rely on to make it afterwards. The Beit Shmuel (34:4) and Chelkat Mechokek (34:2) both assume like this, as well, though they make no reference to the Rosh. The Beit Yosef (34:1b) assumes that the Rosh holds entirely Rif; therefore, since all three Amudei HaHoraah agree, this is the position he writes in Shulchan Aruch (34:1). The Bach takes issue with the Beit Yosef's understanding of the Rosh, as the Rosh himself (later, in 1:19) brings the opinion of Rav Nissim Gaon that one can still make Birkat Erusin up until the Nissuin. The Chiddushei Hagahot (on that Beit Yosef, printed in the Shirat Devorah Tur) raises an important issue in Kllalei HaPesak. He refers to the Kllal brought by the Tur (CM 72) that when faced with a contradiction between the Piskei haRosh and the Teshuvot HaRosh, we follow the Pesakim, so the Shulchan Aruch should've taken this into account. However, the Beit Yosef himself doesn't agree to the rule (YD 169; 201), and it's not totally clear that the Rosh changed his mind in the Pesakim. Additionally, there is little to no practical ramification, as it would be a Machaloket Amudei Horaah of 2 vs. 1, where he would just pasken against the Rosh. </ref> the Chattan gives the Kallah the ring, the Mesader Kiddushin says HaGefen on a cup of wine, then the following Birkat Erusin: ברוך אתה ה' אלקנו מלך העולם אשר קדשנו במצותיו וצונו על העריות ואסר לנו את הארוסות ותיר לנו את הנשואות לנו על ידי חופה ב\וקידושין ברוך אתה ה' מקדש עמו ישראל על ידי חופה ב\וקידושין" | ||
==Sources== | ==Sources== | ||
