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Nesuin: Difference between revisions
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# Besides chupa and mesira, biyah is another form of Nesuin.<ref> Rambam Ishut 10:1. The Gemara Yevamot 55b explains that ha’arah is effective for a man marrying a woman. Rashi s.v. kicha explains that the gemara is discussing Kiddushin. However, the Rif (Yevamot 18b) writes that the gemara is referring to Nesuin. On that basis he explains that the Gemara Kiddushin 10a is only discussing whether the biyah of Kiddushin can also affect Nesuin, however, it is obvious that biyah is effective to create Nesuin for a woman who previously had Kiddushin. The Rambam (Ishut 10:1) agrees. The Ran (Kiddushin 5b s.v. garsinan) questions the Rif because the Gemara Yevamot was only speaking about Kiddushin. See the Ran who implies that he understood the Rambam as saying that biyah is a form of chupa. Shulchan Aruch EH 55:1 follows the Rif. Biur Hagra 55:6 supports the Rif from the Tosefta. | # Besides chupa and mesira, biyah is another form of Nesuin.<ref> Rambam Ishut 10:1. The Gemara Yevamot 55b explains that ha’arah is effective for a man marrying a woman. Rashi s.v. kicha explains that the gemara is discussing Kiddushin. However, the Rif (Yevamot 18b) writes that the gemara is referring to Nesuin. On that basis he explains that the Gemara Kiddushin 10a is only discussing whether the biyah of Kiddushin can also affect Nesuin, however, it is obvious that biyah is effective to create Nesuin for a woman who previously had Kiddushin. The Rambam (Ishut 10:1) agrees. The Ran (Kiddushin 5b s.v. garsinan) questions the Rif because the Gemara Yevamot was only speaking about Kiddushin. See the Ran who implies that he understood the Rambam as saying that biyah is a form of chupa. Shulchan Aruch EH 55:1 follows the Rif. Biur Hagra 55:6 supports the Rif from the Tosefta. | ||
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==Sources== | ==Sources== | ||
