Questions tagged [kiddushin-eirusin]

betrothal; the first stage in marriage

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4
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1answer
65 views

Eidei Nisuin at weddings?

At a wedding, we designate both eidei kiddushin (witnesses for the kiddushin) and eidei ketubah (witnesses for the ketubah). However, I haven't really seen the practice of designating eidei nisuin at ...
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0answers
21 views

How is one determined to be an “expert in the nature of divorces and marriages?”

The Shulchan Aruch, Even Haezer 49:3 rules that: כל מי שאינו בקי בטיב גיטין וקידושין לא יהא לו עסק עמהם להורות בהם שבקל יכול לטעות ויתיר את הערוה וגורם להרבות ממזרים בישראל: Anyone who is not ...
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0answers
43 views

When did the practice of doing Kiddushin followed immediately by Nisuin begin?

not really related to: "Why in olden days was there a long break between Kiddushin & Nisuin?" In the times of the Talmud (Ketubot 57a) there was usually a significant amount of time between ...
5
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1answer
59 views

Kiddushin via a valuable coin that's literally worth less than a perutah

Suppose one were to mekadesh a woman using a valuable coin that is literally worth less than a perutah, but the same coin technically carried an additional value. For example: a 1943 1 cent Lincoln ...
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0answers
24 views

Does the verse וארשתיך… count as the language of Kiddushin?

Following the discussion about different formulations of non-Orthodox Ketubahs on this site. A couple wishes to find a milder non-Orthodox formulation of the Kiddushin. So they chose that the groom ...
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2answers
36 views

What do these phrases mean, “come as one” and “teach a precedent”?

What do these phrases mean, "come as one" and "teach a precedent"? I think "come as one" means, they "are both the same" (?), but I am not sure this is the meaning of this in the phrase quoted below. ...
3
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1answer
67 views

Why is the custom to put the wedding ring on the index finger under the chuppah?

Obviously the kiddushin would be valid if one put the ring on another finger, but: why specifically does the groom put the wedding ring on the bride's index finger under the chuppah? where did this ...
4
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1answer
84 views

For kiddushin, why does Rambam say kesef is “mi'divrei sofrim” but doesn't say that for shtar?

In Hilchos Ishus 1:2, the Rambam writes: לִקּוּחִין אֵלּוּ מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה הֵם. וּבְאֶחָד מִשְּׁלֹשָׁה דְּבָרִים אֵלּוּ הָאִשָּׁה נִקְנֵית. בְּכֶסֶף. אוֹ בִּשְׁטָר. אוֹ בְּבִיאָה. ...
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0answers
29 views

If a husband or wife medically die but are resuscitated, is a new kiddushin required? [duplicate]

If a husband or wife is on an operating table and is pronounced clinically dead, but then a couple minutes later is miraculously resuscitated (example): Would this couple require a new kiddushin? ...
5
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2answers
140 views

Why don't people ever get married via a shtar kiddushin?

The Mishnah on Kiddushin 2a lists 3 ways a woman can be mekudeshet (betrothed): via money, via the act of intercourse, via a shtar (document). Now I understand 2 of the acquisition methods: ✅ money-...
4
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1answer
85 views

Could a secular marriage contract conceivably be considered a shtar kiddushin?

Suppose a secular Jewish couple got civilly married- no halachik ceremony- and they get their marriage license. Could this marriage license serve as a Halachik Shtar, ie they'd need a Get if they ...
5
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1answer
61 views

Stipulated Kiddushin case Halachah

I was presented with the following scenario, that differs a bit from the one in Kiddushin (48-50) and couldn't figure the Halacha: A man gives a woman a coin of unknown value before Kosher witnesses (...
8
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1answer
84 views

Why in the olden days was there such a long break between Kiddushin & Nisuin?

In the times of the Gemara, a person would do the Kiddushin and then a year later would do the Nisuin (see Mishnah on Kesuvos 57a). Today we do Erusin and Nissuin at once under the Chupah. Why did ...
0
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1answer
69 views

Is a kiddushin valid if one just gives a ring but doesn't say “harei at mekudeshes li?”

If someone were to just give a ring and not say anything (everything else is Kosher- witnesses etc) would this be considered a valid kiddushin or do we require the saying of "harei at" to make it ...
2
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1answer
53 views

At a wedding, can non-designated witnesses testify later in the court?

This is a follow-up (a clarification) question on how-can-there-be-only-2-halachic-witnesses. Say, there are ten grown-up, Jewish, frum, non-related men presenting at a Chupah, two of which are ...
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3answers
1k views

How can there be only two Halachic witnesses at a large wedding?

By what power or logic can the mesader kiddushin saying that two specific, designated people are the only witnesses to a wedding change the fact that all assembled have seen all that transpired at the ...
5
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2answers
104 views

Why for a divorce does a woman do many different actions, but doesn't do them for Kiddushin?

I've witnessed the giving of a get, and it has many steps (the below bulletpoints are adapted from here). For example: the woman accepts the folded get into her cupped hands grasping it. The woman ...
3
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1answer
69 views

Giving the ring, “harei at” is the kiddushin… what exactly is the nisuin?

I get that giving the ring and saying "harei at mekudeshet li etc" fulfills the kiddushin component of a Jewish Wedding, but when/ what/ how exactly is the nisuin component fulfilled under the chuppah?...
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86 views

Why is “marriage effective contingent upon the approval of the Sages”?

In Gittin 33a, Kesuvos 3a we learn that Rabbanan have the power to uproot a kiddushin because: כל דמקדש אדעתא דרבנן מקדש ואפקעינהו רבנן לקידושין מיניה When a man betroths a woman, he does so ...
6
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1answer
59 views

Why do we say Harei At Mekudeshes Li … “k'Das Moshe v'Yisrael”?

Why do we have this "k'Das Moshe v'Yisrael" addendum? To my knowledge we don't really say this by other mitzvos so why do we say it here/ what's it adding?
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37 views

Where ואהבת לרעך applies to one's wife?

In Kiddushin 41a we read that if the wife is/becomes repulsive to her husband he [might be] overriding/transgressing the Mitzvah of ואהבת: "דאמר רב יהודה אמר רב אסור לאדם שיקדש את האשה עד שיראנה ...
0
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1answer
64 views

Do women always love their husbands?

Following the previous question: "obligation-to-see-a-woman-prior-to-kiddushin" the Gemmorah (Kiddushin 41a) states that: "אבל בהא איסורא לית בה כדר"ל דאמר ר"ל טב למיתב טן דו מלמיתב ארמלו ...
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1answer
56 views

Clarification on obligation to see a woman prior to kiddushin

Kiddushin 41a: "דאמר רב יהודה אמר רב אסור לאדם שיקדש את האשה עד שיראנה שמא יראה בה דבר מגונה ותתגנה עליו ורחמנא אמר "ואהבת לרעך כמוך" Rav Yehuda says that Rav says: It is forbidden for a ...
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1answer
119 views

Why use “Kiddushin” instead of biblical “Erusin”?

Why did the Sages see a need of inventing a new word "Kiddushin" e.g Masechet Kiddushin 46a - שצריכה הימנו קידושין , instead of the biblical Hebrew word "Erusin" used everywhere in the Torah, as in: ...
6
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1answer
136 views

Source why ביאה is not an option for שליח קידושין

This might sound a bit silly, but "that's the Torah and I need to learn it" (R"A). A woman can be Mekudeshet in three ways which Halachah-wise are all equal (neither makes a better Kiddushin). A ...
10
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1answer
854 views

What is a “halachic annulment” of a marriage and when is it employed?

I’m stunned that this question wasn’t previously asked. The Gemara (Gittin 33a) discusses the concept of כל דמקדש אדעתא דרבנן מקדש - anyone who marries does so with the consent of the Rabbis. As ...
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4answers
329 views

Can a Jew be polygamous today?

Polygamy is allowed by the Torah but outlawed in the countries where Jews live. So, because of Dina dmalchuta dina, Jews cannot have more than one wife. Rabbenu Gershom imposed a ban on polygamy for ...
2
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1answer
75 views

No kares for adultery with an arusa

I was listening to this lecture by Rav Herschel Schachter and near the end he parenthetically mentioned that there's an opinion of the Maharam MiRotenburg and Tosafos HaRosh in Yevamos that there's ...
5
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2answers
2k views

How would intercourse be verified as a form of marriage?

The first Mishnah in Talmud Kiddushin says that a woman can be bought (betrothed) via intercourse. As I understand, there must always be 2 witnesses to verify that one of the 3 methods mentioned in ...
5
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3answers
123 views

How can the Rambam say that Kiddushin is a Mitzvah, against the Gemara?

The Rambam in Hilchos Ishus 1:1 makes the following statement: כֵּיוָן שֶׁנִּתְּנָה תּוֹרָה נִצְטַוּוּ יִשְׂרָאֵל שֶׁאִם יִרְצֶה הָאִישׁ לִשָּׂא אִשָּׁה יִקְנֶה אוֹתָהּ תְּחִלָּה בִּפְנֵי עֵדִים ...
4
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3answers
293 views

Halachic issues with double ring wedding ceremony

I was at a wedding in Israel where the rabbi was religious (orthodox) and the couple wasn't. Towards the end of the ceremony, the Rav said that the bride also wanted to give a ring to the groom. The ...
3
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1answer
184 views

Can a wedding band be made from white gold?

Is there any reason why a wedding ring for a woman should not be made from white gold? No gems, no in-carvings of course. I am interested in orthodox views.
4
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1answer
222 views

Negiah before Nisuin

Unless I'm mistaken, after a non-ervah goes to the mikvah, affectionate touch would at most be prohibited rabbinically. I assume here it is prohibited rabbinically. If so, there are two cases I am ...
5
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1answer
127 views

House on wedding ring, why not?

It seems in the past at least for Ashkenazim the wedding rings had houses on them (some of them had a hinge on the roof so that the house opened, from the top) . See. https://www.pinterest.com/...
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1answer
95 views

Witnesses at a wedding for what parts are they necessary and why

Witnesses at a wedding for what parts are they necessary and why (reason/Source Specifically: I was taught that witnesses are necessary for the kiddushin,. **why? (To acquire other things witnesses ...
-1
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1answer
73 views

Can consummation validate a one-witness Kiddushin?

Can consummation validate a one-witness Kiddushin? Halacha states, something like: "When a man consecrates a woman in the presence of a single witness, the kiddushin is not binding." But Halacha ...
1
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1answer
89 views

Can edible food be used for Kiddushin?

If a marriage is based off the exchange of something edible, it would seem that the marriage would work as the edible item, if שוה פרוטה, would facilitate the marriage. But the problem arises when the ...
4
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1answer
127 views

Why does the Rambam begin Hilchos Ishus with what marriage was before Matan Torah?

Why does the Rambam begin Hilchos Ishus with a history lesson of what marriage looked like before Matan Torah? קֹדֶם מַתַּן תּוֹרָה הָיָה אָדָם פּוֹגֵעַ אִשָּׁה בַּשּׁוּק אִם רָצָה הוּא וְהִיא ...
1
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1answer
73 views

Why doesn't the Gemara learn kiddushei kesef from Eliezer initiating kiddushei kesef as a shaliach for Yitzchak?

I'm learning Kiddushin this year and while I haven't yet gotten to the Sugya which delves deeply into the issue of how to derive kiddushei kesef from the gzera shava "Kicha Kicha" I know that ...
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3answers
490 views

How can a man give a woman a gift without getting himself into a safek kiddushin?

According to jewish law a women is betrothed to a man when the man gives the woman a gift worth more than a prutah and recites the words "you are betrothed to me through this object". How can a man ...
5
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1answer
160 views

language of betrothal at wedding

Traditionally, before a husband betroths his wife he says, "Harei at mekudeshet li btabaat zo kdat moshe vyisrael." Is this language necessary in halacha or standardized by tradition (minhag)? If not ...
1
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1answer
163 views

Explain halachic purposes of parts of Jewish marriage

I am trying to understand the purposes of these parts of the Jewish wedding: Tana'im (Some document is read and the 2 moms break a plate) ketubah kiddushin (chatan places ring on kalah's finger) ...
2
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1answer
43 views

Kidushin with food from someone else's banquet

I heard that a person can perform kidushin with the food of someone else's banquet, when he's been invited as a guest. Is this true? If so, why? (Do the owners of the banquet relinquish ownership ...
8
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1answer
488 views

Ring and kiddushin

Where did the concept of the chosson (groom) giving the kallah (bride) a ring, specifically, for kiddushin (i.e. under the chuppah) come from?
5
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0answers
92 views

What does the Ritva hold about טלי קידושיך מעל גבי קרקע?

The case of "טלי גיטיך מעל גבי קרקע" (where the husband told his wife to pick up her גט [divorce document], rather than handing it to her directly) is an invalid divorce (רבא, Gittin 24a). The ...
4
votes
1answer
2k views

Minhag to wear wedding ring on the right hand

I don't have much background on this question--it's simply that I've seen some married Chabad women wearing their rings on the right hand. Why? Is it because the right hand is considered "preferable" ...
2
votes
2answers
144 views

Is Ketubah a biblical obligation accd to Rambam?

The Rambam, before starting Hilchos Ishus writes הלכות אישות. יש בכללן ארבע מצות, שתי מצות עשה, ושתי מצות לא תעשה. וזה הוא פרטן:‏ .א: לישא אשה בכתובה וקידושין Does the Rambam hold that ...
12
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2answers
216 views

Status of Paper Money as Currency

According to this question, Maasar Sheni cannot be redeemed using paper money. That certainly seems to be the common assumption, but is that discussed anywhere? Is paper money the same as banknotes, ...
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1answer
66 views

Kiddushin by a man who has the din of a חייב מיתה

If a man has the din of חייב מיתה and performs קידושין, is his קידושין valid? We know that in the case of a man whose חייב מיתה, if a person were to go and kill that man, the man who killed him would ...
2
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0answers
133 views

Issues with kallah trying on wedding ring before wedding

Does the kallah trying on a wedding ring for size before the actual wedding cause a problem of her having taken possession of the ring before the wedding?