Kiddushin: Difference between revisions
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==Nesuin before Kiddushin== | ==Nesuin before Kiddushin== | ||
# Is it possible to have a Nesuin before Kiddushin? It is a major dispute in the Achronim.<ref>The Masat Binyamin (responsa 90), student of the Rama, writes that it is obvious that chupa is ineffective before Kiddushin. The Bet Shmuel 64:6 adopts this view. The Mishna L’Melech (Ishut 10:2), however, argues because the Ramban (Kiddushin 10a s.v. veha), Rashba (s.v. iy), Ritva (s.v. iybaya) clearly hold that chupa is effective even if the Kiddushin only takes place afterwards. Rav Yohanatan Eibishitz in Bnei Ahuva (Ishut 10:2) answers for the Masat Binyamin, though he favors the opinion of the Mishna Lemelech. See further Pitchei Teshuva EH 61:1. Of interesting note is the Mordechai (Ketubot no. 132) who explains the text of the sheva brachot “chupa v’Kiddushin” to indicate that the order is of no consequence.</ref> | # Is it possible to have a Nesuin before Kiddushin? It is a major dispute in the Achronim.<ref>The Masat Binyamin (responsa 90), student of the Rama, writes that it is obvious that chupa is ineffective before Kiddushin. The Bet Shmuel 64:6 adopts this view. The Mishna L’Melech (Ishut 10:2), however, argues because the Ramban (Kiddushin 10a s.v. veha), Rashba (s.v. iy), Ritva (s.v. iybaya) clearly hold that chupa is effective even if the Kiddushin only takes place afterwards. Rav Yohanatan Eibishitz in Bnei Ahuva (Ishut 10:2) answers for the Masat Binyamin, though he favors the opinion of the Mishna Lemelech. See further Pitchei Teshuva EH 61:1. Of interesting note is the Mordechai (Ketubot no. 132) who explains the text of the sheva brachot “chupa v’Kiddushin” to indicate that the order is of no consequence.</ref> | ||
==Marrying a Bat Kohen== | |||
# Kohanim have a special status in klal yisrael and it is fitting for a bat kohen to marry a kohen or a talmid chacham, since Torah is another crown comparable to kehuna. Someone who is not religious and degrades mitzvot should not marry a bat kohen.<ref>Gemara Pesachim 49a, Rambam Isurei Biyah 21:31, Shulchan Aruch E.H. 2:8. Chavot Yair 70 tangentially writes that nowadays we don't have an am haaretz for these purposes. Pitchei Teshuva YD 217:16, EH 2:9 and Machasit Hashekel 415:1 cite the Chavot Yair. Mishna Brurah 415:2 quotes the Chavot Yair and qualifies it that if a person degrades mitzvot they are certainly in the category of am haaretz even today. | |||
* The Sdei Chemed (Asifat Dinim, Maarechet Ishut, v. 4 p. 729, n. 36) quotes several achronim who assume unlike the Chavot Yair and wonders why. Firstly, he cites the Tzemech Tzedek 11 who writes that someone who knows one masechet isn't an am haaretz. He says we do have am haaretz today but we can allow an am haaretz to marry a bat kohen since it isn't clear that we have kohanim meyuchasim today. Ruach Chaim 2:3 also assumes we have am haaretz today. He says that it isn't advised and if he's asked he recommends against but doesn't say it is forbidden. China Vchisda v. 2 p. 228c s.v. heneh disagrees with the Chavot Yair because he didn't have any proofs. He also notes that a chalala doesn't have the status of a bat kohen for this discussion. Lastly, Yemey Shlomo Isurei Biya 21 also assumes we have am haaretz today. </ref> | |||
#A person should endeavor to marry a bat talmid chacham and not a bat am haaretz.<ref>Pesachim 49a, Rambam Isurei Biyah 21:32, Shulchan Aruch E.H. 2:6. Taz 2:3 derives from Rashi 49b s.v. am that if she values torah and would want her husband to learn Torah, then it is permitted to marry her. Birkei Yosef 2:4 extends this further to where she doesn't value Torah but allows him to learn because she comes from a wealthy family.</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Lifecycles]] | [[Category:Lifecycles]] | ||
[[Category:Interactions between Men and Women]] | [[Category:Interactions between Men and Women]] | ||
