1

וַיֹּאמְרוּ נִקְרָא לַנַּעֲרָ וְנִשְׁאֲלָה אֶת־פִּיהָ׃ - And they said, “Let us call the girl and ask for her reply.”

Rashi: מִכָּאן שֶׁאֵין מַשִּׂיאִין אֶת הָאִשָּׁה אֶלָּא מִדַּעְתָּהּ (בראשית רבה): Genesis.24.57

EDIT: IIRC, traditionally, Rivkah was 3yo when she married Isaac.

Halachicly speaking, is an underage girl also asked for necessary consent before being married out?

10
  • 1
    If she has no father she cannot be married. The chachomim allowed it on condition she can change her mind till twelve which she cant if her father married her. Here by rivka her father was dead, so I dont know how she could be married. I think some say she wasnt until she was twelve.
    – interested
    Commented Nov 14, 2020 at 19:06
  • 1
    She is clearly of above average intelligence than a normal three year old. I wouldn't learn anything from here.
    – robev
    Commented Nov 14, 2020 at 19:07
  • @robev Well rashi does.
    – interested
    Commented Nov 14, 2020 at 19:08
  • @interested I meant learn anything about a three year old. Rivka was like an adult.
    – robev
    Commented Nov 14, 2020 at 19:10
  • mafteiach.app/likkutei_sichos/282/kitzur
    – interested
    Commented Nov 14, 2020 at 19:11

1 Answer 1

3

This falls in line with Shulchan Aruch, Even Ha'ezer 42:1

אין האשה מתקדשת אלא לרצונה והמקדש אשה בעל כרחה אינה מקודשת

A woman can only become engaged by her will. One who engages a woman against her will, she is not engaged.

However it is also worth noting the earlier siman in 37:1 and 2:

The father can marry off his daughter without her knowledge all the time while she is a ketanah [minor below the age of 12]. When she becomes na'arah [a young woman between 12 and 12.5], her option to be married is still in his hands. He also has the right of possession of what she finds or the work of her hands and the price of her Ketubah if she is widowed or divorced. From her engagement, he has the right of possession of everything until she reaches full puberty. Therefore, the father receives all betrothals for his daughter until she reaches maturity. Even if she is deaf or mentally ill and her father marries her off, she is considered a married woman and if she is at least 3 years and a day old, she can be married through sexual intercourse with the knowledge of her father. Younger than this, if her father passes her to be married through intercourse, she is not considered to be married....

Once he daughter becomes a bogeret [older than twelve and a half], her father no longer has authority over her [to marry her off], and she is like all other women, who are not married without their consent.

When we apply this to the case of Rivka, although she left her father's house age three, it is worth noting that in Seder Olam Rabbah 1 according to the understanding of the Gra, it writes that she actually only actually got married when she was fourteen which would satisfy all opinions:

נמצא אבינו יצחק נשא את רבקה בת (י"ד) [ג'] שנה

6
  • Wow, thank you. Doesn't " (י"ד) [ג'] " mean don't read 14, read 3? I knew both points: that 3yo can be married and consent is needed, but does anybody link the two? It appears that 3yo is not asked at all.
    – Al Berko
    Commented Nov 14, 2020 at 19:30
  • It is bracketed to show that it is an alternative understanding. As mentioned it is the view of the Vilna Gaon
    – Dov
    Commented Nov 14, 2020 at 19:36
  • I learned that round parenthesis stands for a wrong version fixed in square ones. Isn't it like in Gemmorah?
    – Al Berko
    Commented Nov 14, 2020 at 19:50
  • Yes as far as the Gemorah but it is in this context a reference the Gra's amendment. And if that doesn't work for you - refer to Tosafos on Yevamos 61b where it brings Rabbi Shmuel Chasid who also follows that she was 14 - sefaria.org/…
    – Dov
    Commented Nov 14, 2020 at 20:02
  • 1
    Regardless, there is another midrashic opinion that Rivka was a teenager at the time of her marriage, and there are different opinions about whether to interpret the midrash cited by Rashi (betrothed at age 3) as literal. Finally, it's worth mentioning that even according to Rashi, one can infer that the marriage wasn't consummated until Rivka reached the age of majority (see Rashi to 25:26).
    – Fred
    Commented Nov 18, 2020 at 0:10

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .