1

According to Halacha, if a man was coerced/forced to do kiddushin to a woman, under threat of penalty (from say a Beit Din) is that a valid kiddushin? Or no, since this was done against his true will is it invalid?

0

1 Answer 1

6

In Bava Basra 48b (as well as numerous other places, see מסורת הש׳׳ס), the Gemara says "תליוה וקדיש קידושיו קידושין" - "if he 'hung' her [aka forced her] to accept Kiddushin, it is effective". However, the Gemara retracts this, and concludes that it is ineffective, through the mechanism of אפקעינהו רבנן לקידושין מיניה, the Rabbis revoked his קידושין. How this works is beyond the scope of this question.

However, a number of ראשונים, Ramban and Rashba among them, infer than since the Gemara only rejects תליוה וקדיש, he hung her, but not תליוהו וקדיש, he was forced to do קידושין, that in this case, it is effective. This is the way the Rambam rules (אישות ד:א).

You must log in to answer this question.

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