Kiddushin: Difference between revisions
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# The ring should be placed on the right index finger of the kallah. If it is placed on the left hand, the Kiddushin is certainly still valid.<ref> Maharam Mintz 109, Yalkut Yosef (Sova Semachot 1:7:17), HaNisuin Kihilchatam 7:23, 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]), [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)] 3:30, [http://www.dailyhalacha.com/media/Syrian_Sephardic_Wedding_Guide.pdf Rabbi Eli Mansour]. | # The ring should be placed on the right index finger of the kallah. If it is placed on the left hand, the Kiddushin is certainly still valid.<ref> Maharam Mintz 109, Yalkut Yosef (Sova Semachot 1:7:17), HaNisuin Kihilchatam 7:23, 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]), [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)] 3:30, [http://www.dailyhalacha.com/media/Syrian_Sephardic_Wedding_Guide.pdf Rabbi Eli Mansour]. | ||
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# If the chattan uses something forbidden from benefit on a Biblical level or even a rabbinic level that has a connection to a Biblical law the kiddushin is completely invalid.<ref>Rav in Pesachim 7a establishes that if someone uses chametz to effect kiddushin on Erev Pesach it is invalid. Rashi understands that it is referring to the sixth hour, while Rabbenu Tam argues that we're discussing after chatzot. The Ramban | # If the chattan uses something forbidden from benefit on a Biblical level or even a rabbinic level that has a connection to a Biblical law the kiddushin is completely invalid.<ref>Rav in Pesachim 7a establishes that if someone uses chametz to effect kiddushin on Erev Pesach it is invalid. Rashi s.v. afilu understands that it is referring to the sixth hour, while Rabbenu Tam (Tosfot 6b s.v. mshesh) argues that we're discussing after chatzot. The Ramban (Milchamot Hashem 3a) and Ran (on Rif 3a) agree with the Tosfot, while the Rif and Rambam seem to agree with Rashi. Tosfot Kiddushin 58a s.v. alma is bothered why the Gemara Kiddushin implies that using something forbidden by the rabbis is a valid kiddushin while Pesachim invalidates the kiddushin. They answer that if it is a rabbinic prohibition that is connected to a Biblical prohibition it is totally invalid, but if it isn't connected to a Biblical prohibition then the kiddushin is valid. Tosfot Chullin 4b s.v. muter has a similar approach. Rosh Kiddushin 2:31 agrees. Shulchan Aruch E.H. 28:21 codifies this approach.</ref> However, if someone uses something that is only rabbinic and not connected to any Biblical law it is a dispute if that is a valid kiddushin and therefore, she would need to redo the kiddushin or receive a get before marrying someone else.<ref>Shulchan Aruch E.H. 28:21 writes that it is certainly a valid kiddushin. Biur Hagra 28:55* argues that according to Rashi 7a s.v. afilu and Rambam Ishut 5:1 it isn't a valid kiddushin. Bet Shmuel 28:52 wonders how anyone could hold that the kiddushin is valid since it is in violation of a rabbinic prohibition. Avnei Miluyim 28:54 addresses the Bet Shmuel's question.</ref> | ||
# If the chattan uses chametz in the sixth hour of Erev Pesach or rabbinic chametz after chatzot on Erev Pesach some say it is an invalid kiddushin and some say it is a dispute and requires a get before remarrying.<ref>Shulchan Aruch E.H. 28:21 writes that it is a dispute if it is a valid kiddushin both if it is real chametz in the sixth hour or rabbinic chametz after midday. From the Bet Yosef it appears that the opinion he is considered about is the Ramban who says that any kiddushin with chametz during the sixth hour is partially valid to the degree that she may not get remarried without a get. Additionally, the Bet Yosef is concerned for the opinion of the Baal Hameor who thinks that we don't follow Rav in Pesachim 7a altogether. Bet Shmuel challenges Shulchan Aruch why he was concerned with the Baal Hameor but not concerned about his opinion regarding when it is Biblical chametz after midday. He answers that the Baal Hameor himself would invalidate such a kiddushin. See Baal Hameor on 21b. Biur Hagra 28:55* disagrees with Shulchan Aruch that he isn't concerned for the opinion of the Ramban or Baal Hameor and holds that the kiddushin is invalid. This is the opinion of Rashi, Tosfot, Rosh, and Rambam.</ref> If the chattan uses chametz after midday or on Pesach itself it is an invalid kiddushin.<ref>Pesachim 7a, Shulchan Aruch E.H. 28:21</ref> | # If the chattan uses chametz in the sixth hour of Erev Pesach or rabbinic chametz after chatzot on Erev Pesach some say it is an invalid kiddushin and some say it is a dispute and requires a get before remarrying.<ref>Shulchan Aruch E.H. 28:21 writes that it is a dispute if it is a valid kiddushin both if it is real chametz in the sixth hour or rabbinic chametz after midday. From the Bet Yosef it appears that the opinion he is considered about is the Ramban (Milchamot Hashem 3a) who says that any kiddushin with chametz during the sixth hour is partially valid to the degree that she may not get remarried without a get. Additionally, the Bet Yosef 28:21 is concerned for the opinion of the Baal Hameor who thinks that we don't follow Rav in Pesachim 7a altogether. Bet Shmuel 28:53 challenges Shulchan Aruch why he was concerned with the Baal Hameor but not concerned about his opinion regarding when it is Biblical chametz after midday. He answers that the Baal Hameor himself would invalidate such a kiddushin. See Baal Hameor on 21b. Biur Hagra 28:55* disagrees with Shulchan Aruch that he isn't concerned for the opinion of the Ramban or Baal Hameor and holds that the kiddushin is invalid. This is the opinion of Rashi, Tosfot, Rosh, and Rambam.</ref> If the chattan uses chametz after midday or on Pesach itself it is an invalid kiddushin.<ref>Pesachim 7a, Shulchan Aruch E.H. 28:21</ref> | ||
===Double Ring Ceremony=== | ===Double Ring Ceremony=== | ||
