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Kiddushin: Difference between revisions

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(→‎The Beracha for Kiddushin (Birkat Erusin): Shaliach, Mesader Kiddushin Mevarech)
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*As referenced above, there are a number of Rishonim who were of the opinion that one may make the Birkat Erusin until the Nissuin, as the Biblical permisibility of one to his wife accomplished through the Erusin has not yet ended, similar to one's ability to make Birkat HaMazon as long as the food has not been fully digested in his body. Those Rishonim include the Hagahot Maimoniot (Hil' Ishut 3, 60), Hagahot Asheri (Ketubot 1:12), Rav Nissim Gaon and Rabbeinu Yonah (quoted in the Rosh Ketubot 1:17, Tur 34), the Rivash (Sh"T 82), Mordechai (Ketubot 1:131), Rama (34:1). See Mishneh LeMelech (Hil' Ishut 3). As it does "look" like a Beracha Levatala, when one makes Birkat Erusin at Nissuin, some Rishonim (Sh"t HaRivash 88, R' Peretz quoted in Beit Yosef 34:3, See Darkei Moshe 34:6) suggest redoing the Maaseh Kiddushin. Others even say one should repeat the Beracha (Rabbeinu Nissim quoted in Beit Yosef 34:3, Kol Bo quoted in Darkei Moshe 34:6,7), especially if he did the original Kiddushin through a Shaliach. The former Rishonim said that would be a Beracha Levatala, and one should only say the Beracha without Shem uMalchut. The Rama (34:4) paskens like the Rivash. It is unclear why they didn't think that was a Hefsek between HaGefen and drinking.
*As referenced above, there are a number of Rishonim who were of the opinion that one may make the Birkat Erusin until the Nissuin, as the Biblical permisibility of one to his wife accomplished through the Erusin has not yet ended, similar to one's ability to make Birkat HaMazon as long as the food has not been fully digested in his body. Those Rishonim include the Hagahot Maimoniot (Hil' Ishut 3, 60), Hagahot Asheri (Ketubot 1:12), Rav Nissim Gaon and Rabbeinu Yonah (quoted in the Rosh Ketubot 1:17, Tur 34), the Rivash (Sh"T 82), Mordechai (Ketubot 1:131), Rama (34:1). See Mishneh LeMelech (Hil' Ishut 3). As it does "look" like a Beracha Levatala, when one makes Birkat Erusin at Nissuin, some Rishonim (Sh"t HaRivash 88, R' Peretz quoted in Beit Yosef 34:3, See Darkei Moshe 34:6) suggest redoing the Maaseh Kiddushin. Others even say one should repeat the Beracha (Rabbeinu Nissim quoted in Beit Yosef 34:3, Kol Bo quoted in Darkei Moshe 34:6,7), especially if he did the original Kiddushin through a Shaliach. The former Rishonim said that would be a Beracha Levatala, and one should only say the Beracha without Shem uMalchut. The Rama (34:4) paskens like the Rivash. It is unclear why they didn't think that was a Hefsek between HaGefen and drinking.
</ref> the Chattan gives the Kallah the ring, the Mesader Kiddushin <ref>The Rama (34:1) writes that even though when one does a Mitzvah himself and not through a Shaliach he makes the Beracha himself, in order not to embarrass one who does not know how to make a Beracha, the Minhag developed that someone else makes the Beracha. *With regards to making Birkat Erusin via a Shaliach, See Tosafot Ketubot 7b and Tur 34:1 who says the Shaliach makes the Beracha. The Rambam (Hil' Ishut 3:23) says that either one may makes the Beracha. Shulchan Aruch (34:1) sounds like one makes the Beracha himself regardless, and there the Rama makes his above comment. See Magen Avraham OC 432:6, Meiri beginning of second Perek of Kiddushin, Darkei Moshe (34:7, 35:1, and 62:7).</ref> 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"
</ref> the Chattan gives the Kallah the ring, the Mesader Kiddushin <ref>The Rama (34:1) writes that even though when one does a Mitzvah himself and not through a Shaliach he makes the Beracha himself, in order not to embarrass one who does not know how to make a Beracha, the Minhag developed that someone else makes the Beracha.  
*With regards to making Birkat Erusin via a Shaliach, See Tosafot Ketubot 7b and Tur 34:1 who says the Shaliach makes the Beracha. The Rambam (Hil' Ishut 3:23) says that either one may makes the Beracha. Shulchan Aruch (34:1) sounds like one makes the Beracha himself regardless, and there the Rama makes his above comment. See Magen Avraham OC 432:6, Meiri beginning of second Perek of Kiddushin, Darkei Moshe (34:7, 35:1, and 62:7).</ref> 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"
 
#One should make Birkat Erusin over a cup of wine. If there is no wine available, one may use Shechar. If there is neither wine nor Shechar available, one may make Birkat Erusin without them. <ref>Rambam (Hil' Ishut 3:24), Maggid Mishneh (ibid.), Shulchan Aruch 34:2, Darkei Moshe 34:7. This is only true by Birkat <i>Erusin</i>, not [[Sheva Berachot]]</ref>


==Sources==
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