Kiddushin: Difference between revisions
From Halachipedia
m
Text replacement - "Sepharadi" to "Sephardi"
No edit summary |
m (Text replacement - "Sepharadi" to "Sephardi") |
||
| Line 51: | Line 51: | ||
==The Beracha for Kiddushin (Birkat Erusin)== | ==The Beracha for Kiddushin (Birkat Erusin)== | ||
'''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 Chelkat Mechokek (34:2) also quotes this opinion. 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 and 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 | '''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 Chelkat Mechokek (34:2) also quotes this opinion. 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 and 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 Sephardic 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 [[Bracha 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. | #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 [[Bracha 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 (Klal 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 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 (Klal 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. | ||
