Kiddushin: Difference between revisions

'''ברוך אתה ה' אלקנו מלך העולם אשר קדשנו במצותיו וצונו על העריות<ref>The Rambam's text (Hil' Ishut 3:23) reads והבדילנו נן העריות, and it is quoted in the Beit Yosef (34:1), but not Shulchan Aruch. </ref> ואסר לנו את <ref>The Peri Megadim (34:1) points out that the word את does not appear in Shulchan Aruch (34:1), though it does appear in the Gemara (Ketubot 7b), Tur, and all the Siddurim. </ref> הארוסות והתיר לנו את הנשואות לנו<ref>The Ran (Ketubot 7b) quotes Rabbeinu Tam who took out the word נשואות, since this is only Erusin and not Nissuin. He brings Rav Hai Gaon who says that this is also the Minhag of the two Yeshivot in Bavel. The Hagahot Asheri (Ketubot 1:12) quotes the Mordechai in the name of R' Ephraim who says the Minhag is to say it. In Shulchan Aruch (34:1), Maran paskens to say it.</ref> על ידי חופה ב\וקידושין<ref>The Ran (Ketubot 7b) quotes the Baal HaIttur that the proper text of the Beracha is בקידושין and not וקידושין. The mistake arose because in this case they're pronounced the same way and people confused the two. His opinion is quoted by the Beit Yosef (34:1) and incorporated into Shulchan Aruch. The Rama writes that their Minhag is to say וקידושין. </ref> ברוך אתה ה' מקדש עמו ישראל על ידי חופה ב\וקידושין<ref>The Ramban (Ketubot 7b) says that in order for the conclusion of the Beracha to match the opening and because we're only doing Nissuin now nad not Erusin, we should only conclude מקדש עמו ישראל and not add על ידי חופה וקידושין. He claims that Rav Hai Gaon also said the Minhag in the Bavli Yeshivot was not to and that he found a manuscript of the Rif with the words crossed out. The Ramban is quoted in the Rosh (1:12), Ran (ibid.), Tur (34:1), and Beit Yosef (ibid.). The Rambam also does not have those words, and the Shulchan Aruch also paskens that way. The Rama says the Minhag is to say it. It seems that many modern day Sepharadic Siddurim (Kavannat HaLev, Birkat Rafael, Succat David) also have it.</ref><ref>The Hagahot Maimoniot (Hil' Ishut 3:60) quotes the Hagahot of Rabbeinu Peretz on the Smak who says that Rabbeinu Yechiel MiParis would have the Chattan say the Beracha of לקדש האשה, based on the Yerushalmi Berachot 9:3.</ref>'''

#One should make the Beracha before giving the Kallah the ring.<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 Rav Shererah Gaon (Tur 34:4), 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 (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 1:17) 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. See further Sh"T Rambam 101, Rambam Hilchot Berachot 5:5, Sh"T Tashbetz (2:27), Meiri (Pesachim 7b), Hagahot Rabbi Akiva Eiger (YD 19:1).

*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>