Kiddushin: Difference between revisions
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==Procedure of Kiddushin== | ==Procedure of Kiddushin== | ||
# Kiddushin in theory could be accomplished in one of three ways: using money, a written document, or through marital relations.<Ref>Mishna Kiddushin 2a, Rambam (Ishut 1:2), Shulchan Aruch 26:4</ref> However, accomplishing Kiddushin through marital relations is a deplorable practice and is strictly forbidden.<ref>The Gemara Kiddushin 12b records Rav's insistence on not accomplishing Kiddushin with marital relations that he would give lashes to anyone who did such. Rashi (s.v. derav) and Rambam (Ishut 3:21) explain that the reason it is deplorable is because it is licentious. Shulchan Aruch EH 26:4 codifies this as halacha. </ref> | # Kiddushin in theory could be accomplished in one of three ways: using money, a written document, or through marital relations.<Ref>Mishna Kiddushin 2a, Rambam (Ishut 1:2), Shulchan Aruch 26:4</ref> However, accomplishing Kiddushin through marital relations is a deplorable practice and is strictly forbidden.<ref>The Gemara Kiddushin 12b records Rav's insistence on not accomplishing Kiddushin with marital relations that he would give lashes to anyone who did such. Rashi (s.v. derav) and Rambam (Ishut 3:21) explain that the reason it is deplorable is because it is licentious. Shulchan Aruch EH 26:4 codifies this as halacha. </ref> | ||
# The minhag is to accomplish Kiddushin with money as opposed to a written document. <ref>Rambam (Ishut 3:21). [http://www.yutorah.org/lectures/lecture.cfm/786134/Rabbi_Hershel_Schachter/Hilchos_Siddur_Kiddushin Rav Schachter in a shiur on YUTorah ("Hilchos Siddur Kiddushin", min 4)] explained that the reason we do so is because we are registering our compliance with chazal and disagreement with the karaites who didn't accept Kiddushin through money. Nitai Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money as opposed to a written document. </ref> | # The minhag is to accomplish Kiddushin with money as opposed to a written document.<ref>Rambam (Ishut 3:21). [http://www.yutorah.org/lectures/lecture.cfm/786134/Rabbi_Hershel_Schachter/Hilchos_Siddur_Kiddushin Rav Schachter in a shiur on YUTorah ("Hilchos Siddur Kiddushin", min 4)] explained that the reason we do so is because we are registering our compliance with chazal and disagreement with the karaites who didn't accept Kiddushin through money. Nitai Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money as opposed to a written document. </ref> | ||
# According to a minority opinion, chupa can also accomplish Kiddushin.<ref>Rav Huna in Kiddushin 5a holds that chupa can accomplish Kiddushin based on a kal vechomer. While the Rabbenu Chananel holds like Rav Huna, most rishonim do not. See Rosh (Kiddushin 1:1) and Shulchan Aruch 26:2.</ref> Some Achronim are concerned for this opinion.<ref> Pitchei Teshuva 21:3 quotes the Shaar Hamelech who is very concerned for the opinion of Rabbenu Chananel claiming that this is also the opinion of Rashi and the Tur. This has relevance if someone did an invalid Kiddushin with kesef but used the chupa as Kiddushin whether the woman would need a get to remarry. Aruch Hashulchan 26:15 is similarly concerned.</ref> | # According to a minority opinion, chupa can also accomplish Kiddushin.<ref>Rav Huna in Kiddushin 5a holds that chupa can accomplish Kiddushin based on a kal vechomer. While the Rabbenu Chananel holds like Rav Huna, most rishonim do not. See Rosh (Kiddushin 1:1) and Shulchan Aruch 26:2.</ref> Some Achronim are concerned for this opinion.<ref> Pitchei Teshuva 21:3 quotes the Shaar Hamelech who is very concerned for the opinion of Rabbenu Chananel claiming that this is also the opinion of Rashi and the Tur. This has relevance if someone did an invalid Kiddushin with kesef but used the chupa as Kiddushin whether the woman would need a get to remarry. Aruch Hashulchan 26:15 is similarly concerned.</ref> | ||
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# The minhag is to do Kiddushin with a ring.<ref>Shulchan Aruch 31:2, Yalkut Yosef (Sovah Semachot 1:7:14). Rav Hershel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/786134/rabbi-hershel-schachter/hilchos-siddur-kiddushin/ Hilchos Siddur Kiddushin] 4:00) explained that the reason this minhag developed was to show our compliance with Chazal as opposed to the Karaites who didn't accept Kiddushin through money. Nitei Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money specifically.<br /> | # The minhag is to do Kiddushin with a ring.<ref>Shulchan Aruch 31:2, Yalkut Yosef (Sovah Semachot 1:7:14). Rav Hershel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/786134/rabbi-hershel-schachter/hilchos-siddur-kiddushin/ Hilchos Siddur Kiddushin] 4:00) explained that the reason this minhag developed was to show our compliance with Chazal as opposed to the Karaites who didn't accept Kiddushin through money. Nitei Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money specifically.<br /> | ||
One can technically use any item that is worth a perutah (25 mg of silver according to Shiurei Torah (3:42)). Although [http://www.dailyhalacha.com/media/Syrian_Sephardic_Wedding_Guide.pdf Rabbi Eli Mansour Syrian Sephardic Wedding Guide] writes that the practice in the Syrian community is to use an actual coin (in which case you would say בכספא הדין instead of בטבעת זו), Yalkut Yosef (Sova Semachot 1:7:14) writes that the common practice is to use a ring. HaNesuin Kihilchatam 7:5 agrees. The Sefer Hachinuch (Mitzvah 554) adds that a reason to use a ring is so that it should serve as a reminder to her always of her marriage. See Yalkut Yosef for mystical and other reasons.</ref> | One can technically use any item that is worth a perutah (25 mg of silver according to Shiurei Torah (3:42)). Although [http://www.dailyhalacha.com/media/Syrian_Sephardic_Wedding_Guide.pdf Rabbi Eli Mansour Syrian Sephardic Wedding Guide] writes that the practice in the Syrian community is to use an actual coin (in which case you would say בכספא הדין instead of בטבעת זו), Yalkut Yosef (Sova Semachot 1:7:14) writes that the common practice is to use a ring. HaNesuin Kihilchatam 7:5 agrees. The Sefer Hachinuch (Mitzvah 554) adds that a reason to use a ring is so that it should serve as a reminder to her always of her marriage. See Yalkut Yosef for mystical and other reasons.</ref> | ||
# Immediately after reciting the beracha on the wine and the Birkat Erusin,<ref>< This is the position brought in Shulchan Aruch EH 34:1 because the Rif (Shu"t 293) and Rambam (Hilchot Ishut 3:23) hold that the Birkat Erusin is a birkat hamitzva. Therefore, it must be made over le’Asiyatan, before the Kiddushin. Otherwise, it would be a beracha levatala. Rabbenu Tam (Pesachim 7a “Biliva’er) and other Rishonim argue that it is a birkat hashevach and should be recited after the Kiddushin. Although the opinion of the Rosh is subject to debate, the Beit Yosef (34:1b) assumes that the Rosh holds like the Rif. </ref> the chattan should recite ”הרי את מקודשת לי בטבעת זו כדת משה וישראל”<ref>Sefer Hamakneh (Kuntres Acharon 27:3) writes that you should be careful to recite the full “harei at” before placing the ring on her finger. Haisuin Kihilchatam 7:38 and Yalkut Yosef (Sova Semachot 1:7:8) agree. If one gave the ring before reciting the “harei at” they should give the ring again after reciting it. Yabea Omer EH 2:5:3 concludes that the same ring can be used the second time. See also Rabbi Aryeh Lebowitz (Ten Minute Halacha: Saying Harei at Mekudeshes After Giving the Ring)</ref> and put the ring on the finger of the kallah in the presence of two valid witnesses. <ref><Yalkut Yosef (Sova Semachot 1:7:1). According to many authorities, the witnesses must see the chatan place the ring on the kallah's finger (Shu”t HaRashba 1:780, Rama EH 42:4). Although some authorities rule that this is not essential, the accepted practice is to be certain that the witnesses see the actual placing of the ring on the kallah's finger (Pitchei Teshuvah EH 42:12, Hanishuin Kihilchatam 8:12).</ref> | # Immediately after reciting the beracha on the wine and the Birkat Erusin,<ref>< This is the position brought in Shulchan Aruch EH 34:1 because the Rif (Shu"t 293) and Rambam (Hilchot Ishut 3:23) hold that the Birkat Erusin is a birkat hamitzva. Therefore, it must be made over le’Asiyatan, before the Kiddushin. Otherwise, it would be a beracha levatala. Rabbenu Tam (Pesachim 7a “Biliva’er) and other Rishonim argue that it is a birkat hashevach and should be recited after the Kiddushin. Although the opinion of the Rosh is subject to debate, the Beit Yosef (34:1b) assumes that the Rosh holds like the Rif. </ref> the chattan should recite ”הרי את מקודשת לי בטבעת זו כדת משה וישראל”<ref>Sefer Hamakneh (Kuntres Acharon 27:3) writes that you should be careful to recite the full “harei at” before placing the ring on her finger. Haisuin Kihilchatam 7:38 and Yalkut Yosef (Sova Semachot 1:7:8) agree. If one gave the ring before reciting the “harei at” they should give the ring again after reciting it. Yabea Omer EH 2:5:3 concludes that the same ring can be used the second time. See also Rabbi Aryeh Lebowitz (Ten Minute Halacha: Saying Harei at Mekudeshes After Giving the Ring)</ref> and put the ring on the finger of the kallah in the presence of two valid witnesses.<ref><Yalkut Yosef (Sova Semachot 1:7:1). According to many authorities, the witnesses must see the chatan place the ring on the kallah's finger (Shu”t HaRashba 1:780, Rama EH 42:4). Although some authorities rule that this is not essential, the accepted practice is to be certain that the witnesses see the actual placing of the ring on the kallah's finger (Pitchei Teshuvah EH 42:12, Hanishuin Kihilchatam 8:12).</ref> | ||
# If he gave her the ring before saying the statement, she should return the ring and do it again correctly. After the fact, even if they didn’t redo it, the Kiddushin is valid.<ref>Yalkut Yosef (Sovah Semachot 1:7:8) writes that it is important to say the hari at before giving the ring otherwise it is like getting married with a loan which is ineffective. If this happened he should take back the ring, say the hari at, and then give her the ring again. Yabia Omer EH 2:5:3 proves from Rama 27:3 that it is enough to just repeat the hari at and give the ring again and not to have to use a new ring. Rabbi Mordechai Willig (4th Year Halacha Hilchos Ishut 5) agrees that if he gave the ring first he should take it back and repeat it. Once the chatan said the words “hari at mikudeshet li” even though he didn’t finish the whole phrase the chatan should take back the ring and do it again. | # If he gave her the ring before saying the statement, she should return the ring and do it again correctly. After the fact, even if they didn’t redo it, the Kiddushin is valid.<ref>Yalkut Yosef (Sovah Semachot 1:7:8) writes that it is important to say the hari at before giving the ring otherwise it is like getting married with a loan which is ineffective. If this happened he should take back the ring, say the hari at, and then give her the ring again. Yabia Omer EH 2:5:3 proves from Rama 27:3 that it is enough to just repeat the hari at and give the ring again and not to have to use a new ring. Rabbi Mordechai Willig (4th Year Halacha Hilchos Ishut 5) agrees that if he gave the ring first he should take it back and repeat it. Once the chatan said the words “hari at mikudeshet li” even though he didn’t finish the whole phrase the chatan should take back the ring and do it again. | ||
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# The ring must belong exclusively to the chattan. Therefore, the practice is that the Mesader Kiddushin asks the chattan if the ring belongs to him.<ref> Shulchan Aruch EH 28:1, Yalkut Yosef (Sova Semachot 1:7:12), HaNisuin Kihilchatam 7:14. Rav Eliyahu Ben Haim ([http://www.yutorah.org/lectures/lecture.cfm/821631/rabbi-eliyahu-ben-chaim/how-to-perform-a-wedding-ceremony-part-2/2-//2 How to Perform a Wedding Ceremony Part 2/2]) 0:50 explains that he could have bought it or received it as a gift, as long as it is entirely his and not borrowed (Though Shulchan Aruch 28:17 holds that if it is borrowed, it would work bidieved as long as you notified the person you were borrowing from that you intended to use it for Kiddushin. See also Yabea Omer 6:6:7). Beit Shmuel 29:46 writes that it is the responsibility of the mesader Kiddushin to clarify this. Rabbi Aryeh Lebowitz ([http://www.yutorah.org/lectures/lecture.cfm/777863/rabbi-aryeh-lebowitz/ten-minute-halacha-the-chuppah-part-2/ Ten Minute Halacha: The Chuppah Part 2]) quotes Rav Schachter that you should ask this before the birkat erusin to minimize the pause between the beracha and giving the ring. | # The ring must belong exclusively to the chattan. Therefore, the practice is that the Mesader Kiddushin asks the chattan if the ring belongs to him.<ref> Shulchan Aruch EH 28:1, Yalkut Yosef (Sova Semachot 1:7:12), HaNisuin Kihilchatam 7:14. Rav Eliyahu Ben Haim ([http://www.yutorah.org/lectures/lecture.cfm/821631/rabbi-eliyahu-ben-chaim/how-to-perform-a-wedding-ceremony-part-2/2-//2 How to Perform a Wedding Ceremony Part 2/2]) 0:50 explains that he could have bought it or received it as a gift, as long as it is entirely his and not borrowed (Though Shulchan Aruch 28:17 holds that if it is borrowed, it would work bidieved as long as you notified the person you were borrowing from that you intended to use it for Kiddushin. See also Yabea Omer 6:6:7). Beit Shmuel 29:46 writes that it is the responsibility of the mesader Kiddushin to clarify this. Rabbi Aryeh Lebowitz ([http://www.yutorah.org/lectures/lecture.cfm/777863/rabbi-aryeh-lebowitz/ten-minute-halacha-the-chuppah-part-2/ Ten Minute Halacha: The Chuppah Part 2]) quotes Rav Schachter that you should ask this before the birkat erusin to minimize the pause between the beracha and giving the ring. | ||
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# One should use a plain ring without any stones or designs, so that the kallah does not misevaluate the value of the ring.<ref>Tosafot Kiddushin 9a s.v. “Vihilchita,” Shulchan Aruch EH 31:2, Yalkut Yosef (Sova Semachot 1:7:15), Nitei Gavriel 21:5, HaNisuin Kihilchatam 7:7, Rabbi Aryeh Lebowitz ([http://www.yutorah.org/lectures/lecture.cfm/777863/rabbi-aryeh-lebowitz/ten-minute-halacha-the-chuppah-part-2/ Ten Minute Halacha: The Chuppah Part 2])</ref> The custom is to confirm with the witnesses that the ring is worth a perutah to show that she is getting married on only a perutah.<ref> Rama EH 31:2, Ben Ish Chai (Parashat Shoftim: Halacha 5), Yalkut Yosef (Sova Semachot 1:7:12), HaNisuin Kihilchatam 7:30, [http://www.dailyhalacha.com/media/Syrian_Sephardic_Wedding_Guide.pdf Rabbi Eli Mansour]</ref> Nonetheless, initially one should avoid any question by using a plain ring. <ref>The Aruch Hashulchan 31:8 comments that even though the kallah has a veil over her head to indicate that she accepts the ring whatever it is worth we should avoid such a shaylah by using a plain ring because of possible concerns.</ref> | # One should use a plain ring without any stones or designs, so that the kallah does not misevaluate the value of the ring.<ref>Tosafot Kiddushin 9a s.v. “Vihilchita,” Shulchan Aruch EH 31:2, Yalkut Yosef (Sova Semachot 1:7:15), Nitei Gavriel 21:5, HaNisuin Kihilchatam 7:7, Rabbi Aryeh Lebowitz ([http://www.yutorah.org/lectures/lecture.cfm/777863/rabbi-aryeh-lebowitz/ten-minute-halacha-the-chuppah-part-2/ Ten Minute Halacha: The Chuppah Part 2])</ref> The custom is to confirm with the witnesses that the ring is worth a perutah to show that she is getting married on only a perutah.<ref> Rama EH 31:2, Ben Ish Chai (Parashat Shoftim: Halacha 5), Yalkut Yosef (Sova Semachot 1:7:12), HaNisuin Kihilchatam 7:30, [http://www.dailyhalacha.com/media/Syrian_Sephardic_Wedding_Guide.pdf Rabbi Eli Mansour]</ref> Nonetheless, initially one should avoid any question by using a plain ring.<ref>The Aruch Hashulchan 31:8 comments that even though the kallah has a veil over her head to indicate that she accepts the ring whatever it is worth we should avoid such a shaylah by using a plain ring because of possible concerns.</ref> | ||
# Some have the minhag to use a silver ring,<ref>Ben Ish Chai Parashat Shoftim Halacha 8, Yalkut Yosef (Sova Semachot 1:7:16) | # Some have the minhag to use a silver ring,<ref>Ben Ish Chai Parashat Shoftim Halacha 8, Yalkut Yosef (Sova Semachot 1:7:16) | ||
</ref> while others prefer to use a gold ring.<ref> Mordechai Kiddushin 488, HaNisuin Kihilchatam 7:6, Otzar Haposkim 10: pg. 364</ref> Either is certainly acceptable,<ref>[http://www.yutorah.org/lectures/lecture.cfm/821631/rabbi-eliyahu-ben-chaim/how-to-perform-a-wedding-ceremony-part-2/2-/ Rav Eliyahu Ben Haim (How to Perform a Wedding Ceremony Part 2/2)] 3:00</ref> but if the ring is silver, the man must tell her so, otherwise she will assume it is gold, and it is questionable if the Kiddushin is effective.<ref>Nisuin K’halacha 7:6. Rama 31:2 writes that if he gives her a ring that is copper and lies that it is gold there is a safek Kiddushin.</ref> | </ref> while others prefer to use a gold ring.<ref> Mordechai Kiddushin 488, HaNisuin Kihilchatam 7:6, Otzar Haposkim 10: pg. 364</ref> Either is certainly acceptable,<ref>[http://www.yutorah.org/lectures/lecture.cfm/821631/rabbi-eliyahu-ben-chaim/how-to-perform-a-wedding-ceremony-part-2/2-/ Rav Eliyahu Ben Haim (How to Perform a Wedding Ceremony Part 2/2)] 3:00</ref> but if the ring is silver, the man must tell her so, otherwise she will assume it is gold, and it is questionable if the Kiddushin is effective.<ref>Nisuin K’halacha 7:6. Rama 31:2 writes that if he gives her a ring that is copper and lies that it is gold there is a safek Kiddushin.</ref> | ||
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===Night Time=== | ===Night Time=== | ||
# 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> | ||
===Selecting Edim (Witnesses) for Kiddushin=== | ===Selecting Edim (Witnesses) for Kiddushin=== | ||
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#The Minhag is that the Mesader Kiddushin is the one who makes the Beracha.<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. | #The Minhag is that the Mesader Kiddushin is the one who makes the Beracha.<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> | *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> | ||
#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> | #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> | ||
==Nesuin before Kiddushin== | ==Nesuin before Kiddushin== | ||
