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Kiddushin: Difference between revisions
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# 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> | ||
===Edim for Kiddushin=== | ===Selecting Edim (Witnesses) for Kiddushin=== | ||
# It is proper to specify witnesses for the Kiddushin | Witnesses (eidim) are necessary to observe the Kiddushin process, when the chosson gives the kallah a ring and says “harei at mekudeshet li betaba’at zu kedat Moshe veYisrael.” | ||
# 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>* This is based on the Mishna Makkot 5b which establishes that if there is a group of onlookers of a case, they are all considered eidim for that case. If there are two relatives in that group of onlookers, then their eidus is passul because two relatives cannot be eidim together for a certain case. The Ritva (Makkot 6a d"h "Lemechzi") quotes some who hold that there is problem if family is present at the chuppa and there is no explicit designation of specific eidei Kiddushin. The eidim for Kiddushin are eidei kiyum, which means that their viewing of the act of Kiddushin is in itself the establishment of Kiddushin. Therefore, anyone that watches the Kiddushin process are considered eidim, which causes a problem when there are relatives in the room watching the Kiddushin. In order to resolve this problem, one can designate two specific eidim who are not relatives to the exclusion of all others in the room, thus avoiding any potential kerovim from becoming eidim and invalidating the Kiddushin. The Ritva himself disagrees with this opinion. | |||
* The Rosh Makkot 1:11 argues with this entire premise, and says that the only time that invalid eidim disqualify the group is when they are required to testify in court. However, by Kiddushin, there is no testimony in court, so there is no potential invalid witnesses in the first place. Thus, there is no requirement whatsoever to designate specific witnesses to the exclusion of others. This is based on the fact that he holds that eidei Kiddushin are eidei kiyum, and not eidei re’iya. | |||
Shulchan Aruch/Rambam do not quote the idea of yichud eidim at all, thus suggesting they hold like the Rosh that eidei Kiddushin are eidei kiyum, and the relatives that are onlooking the Kiddushin process do not invalidate the Kiddushin. However, the Shach C”M 36:8 says that the minhag is to designate specific eidim. | |||
* Nefesh HaRav (p. 261) quoting Rav Soloveitchik says that it is proper to specify edim but if one didn't the kiddushin is valid if there were other edim there. Nitai Gavriel (Nesuin vol. 1 20:5, p. 140) agrees and adds that it is a wise idea to specify edim so that they pay attention to watch the kiddushin. See Chatom Sofer EH 100 and 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> | |||
# Some hold that it is critical for the witnesses to see the bride's face at the time of the Kiddushin.<ref>Pitchei Teshuva EH 31:5</ref> However, in some communities as a matter of modesty (tzeniyut) the bride's face isn't uncovered.<ref>Rama EH 31:2, Nitai Gavriel (Nesuin v. 1, 20:10, p. 141)</ref> | # Some hold that it is critical for the witnesses to see the bride's face at the time of the Kiddushin.<ref>Pitchei Teshuva EH 31:5</ref> However, in some communities as a matter of modesty (tzeniyut) the bride's face isn't uncovered.<ref>Rama EH 31:2, Nitai Gavriel (Nesuin v. 1, 20:10, p. 141)</ref> | ||
===Who is a Kosher Witness=== | |||
== | ====Relatives==== | ||
# The | # Relatives cannot be eidim for the chosson and kallah nor can the eidim be related to each other. <ref> There is a discussion as to which type of relatives cannot serve as eidim. The psak is that although strictly speaking only a rishon be’rishon, a sheni be’sheni, or a shlishi beshlishi cannot serve as eidim, we are machmir that even a revi’i berevi’i should not serve as eidim. These terms describe how many generations removed the relation is. For example, a rishon berishon are siblings because their parents are one generation above them and are the cause of the relation between them. A sheni besheni are first cousins, because their grandparents are the common ancestor, who are the source of their relation. So we say that shlishi beshlishi is not permitted to be eidim together, which are three generations removed from the source of their relation, and we are machmir to not even allow revi’i berevi’i to be eidim together, which are four generations removed from the source of their relation. Even if someone married into the family and is not related by blood, they are still not permitted to serve as eidim for the chasan and kallah. See [http://www.yutorah.org/lectures/lecture.cfm/820596/Rabbi_Aryeh_Lebowitz/From_The_Rabbi's_Desk_-_Wedding_Questions Wedding Questions<nowiki>]</nowiki>] by Rabbi Aryeh Lebowitz </ref> | ||
# | ====Sinners==== | ||
# A gambler, someone who collects interest, and someone who profits from produce produced during shemita are examples of invalid witnesses in general and specifically for Kiddushin.<ref> Mishna Sanhedrin 24b. The Gemara explains that all of these fall under the category of theft because people who violate laws when it comes to money cannot be trusted in telling the truth in general.</ref> | |||
==Signing the Ketubah== | ==Signing the Ketubah== | ||
# Many have the practice to sign the Ketubah before the kiddushin at the Chosson's tisch. However, some sign it underneath the chuppah. <ref>Rav Ovadia Yosef (Sova Semachot 1:5:12) </ref> | # Many have the practice to sign the Ketubah before the kiddushin at the Chosson's tisch. However, some sign it underneath the chuppah. <ref>Rav Ovadia Yosef (Sova Semachot 1:5:12) </ref> | ||
