Nesuin - Revision history

Dlhanon at 17:52, 10 July 2017

2017-07-10T17:52:50Z

← Older revision		Revision as of 17:52, 10 July 2017
Line 11:		Line 11:
	# 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.
	</ref>		</ref>
	~~==Outdoor Chuppa==~~
	# There is an Ashkenazic minhag to have the chupah outdoors. <ref>The Rama EH 61:1 records the minhag to do the chupah under the sky in order to receive the bracha of having descendants as many as the stars of the heaven.</ref> Sephardim have the minhag to do it inside.<ref> Yafeh Lelev EH 61:6 writes that the Sephardic minhag was always to do the chupah indoors because often it is cold to do it outdoors. Rav Ovadia Yosef (Yabia Omer EH 3:10:4) agrees that the Sephardic minhag is to do it indoors.</ref>

	==Sources==		==Sources==

Dlhanon at 17:50, 10 July 2017

2017-07-10T17:50:54Z

← Older revision		Revision as of 17:50, 10 July 2017
Line 11:		Line 11:
	# 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.
	</ref>		</ref>
			==Outdoor Chuppa==
			# There is an Ashkenazic minhag to have the chupah outdoors. <ref>The Rama EH 61:1 records the minhag to do the chupah under the sky in order to receive the bracha of having descendants as many as the stars of the heaven.</ref> Sephardim have the minhag to do it inside.<ref> Yafeh Lelev EH 61:6 writes that the Sephardic minhag was always to do the chupah indoors because often it is cold to do it outdoors. Rav Ovadia Yosef (Yabia Omer EH 3:10:4) agrees that the Sephardic minhag is to do it indoors.</ref>

	==Sources==		==Sources==

Dlhanon at 20:08, 16 April 2017

2017-04-16T20:08:36Z

← Older revision		Revision as of 20:08, 16 April 2017
Line 1:		Line 1:
	# ~~There~~ is a ~~major dispute between~~ the ~~early authorities what~~ is ~~considered~~ the ~~halachic~~ act ~~to effect~~ Nesuin~~, marriage~~.		==What Constitutes Nesuin?==
	## ~~The~~ Rambam (Ishut 10:2) ~~holds that when~~ a ~~groom brings his bride into his house with~~ the ~~intention~~ of ~~marriage~~ and ~~they are secluded in a way~~ that ~~biyah is possible,~~ that~~'s considered halachic marriage~~.		# The Mishna speaks about two forms of Nesuin: 1) the woman enters the reshut of the husband 2) the woman is given from the father or his agents to the husband or his agents (mesira). <Ref>The gemara in Ketubot 48b learns from Devarim 22:23 that chupa without biyah is effective in creating Nesuin. As to whether to having the woman handed over from the father or his agents to the husband is deoritta or not, see Rashi s.v. shmuel. Also see Bet Shmuel EH 61:2 who argues that mesira is a weaker acquisition than chupa.
	## ~~The~~ Ran (Ketubot 2a) ~~holds that when~~ a ~~groom brings his bride into his house with~~ the ~~intention of marriage~~ and ~~they are secluded~~ even if biyah ~~isn't possible that's considered halachic marriage~~.		</ref>
	## The Manhig (Hilchot Erusin VeNesuin p. 540) and Orchot Chaim (Hilchot Kiddushin s.v. VeAchar HaErusin) hold that when the groom covers the bride with a cloth that is considered halachic marriage based on the pasuk in Megillat Rut 3:9.		# Rashi (Ketubot 48b s.v. lereshut) explains that the woman entering the reshut of the husband is called chupa. What exactly is chupa?<Ref>It is noteworthy that it seems that another theoretical possibility is that the act of Kiddushin itself begins the marriage and after a year automatically it develops into a complete Nesuin without the need for any other action. Rav Schachter (Kollel Chaburah on Ketubot 57a) explained that indeed this was the opinion of Rabba in Nedarim 73b in his dispute with Abaye.</ref>
	## The Rama EH 55:1 ~~holds~~ that ~~when~~ the ~~bride and groom go under~~ the ~~canopy together~~ that is ~~considered halachic marriage~~.		## According to the Rambam (Ishut 10:2), chupa is a secluded area for the man and the woman which is fit for biyah. This is the opinion of Shulchan Aruch EH 61:1 and minhag of Sephardim.<ref>Rav Schachter (“Hilchot Kiddushin and Nesuin”) explained that the Gra 55:9 implies that the house should belong to the man.
	## The Rambam (Ishut 10:1) ~~holds~~ that ~~Biyah~~ is ~~also considered one~~ of the ~~forms of halachic marriage~~.		</ref>
			## According to the Ran (Ketubot 2a) and Rosh (Ketubot 5:6), chupa is a domain designated for the man and the woman even if it isn’t fit for biyah. Customarily this is accomplished with having the man and woman enter a canopy. This is the opinion of the Rama and minhag of Ashkenazim.<ref>EH 55:1</ref>
			## According to Tosfot (Yoma 13b s.v. lechada), chupa is covering a woman’s head with a cloth. The Manhig (Hilchot Erusin VeNesuin p. 540) and Orchot Chaim (Hilchot Kiddushin s.v. VeAchar HaErusin) hold that when the groom covers the bride with a cloth that is considered halachic marriage based on the pasuk in Megillat Rut 3:9.
			## The Kol Bo (no. 75) writes that a form of chupa is covering the chatan and kallah's heads with a tallit. It is learned from the concept of yiud and a hint to it is the juxtaposition of the mitzvah of tzitzit and marriage (Devarim 22:12-13).<ref>The Orchot Chaim (Hilchot Ketubot no. 4, cited by Bet Yosef 61:1) quotes the Baal Haitur who cites such an opinion but disagrees. Rama 55:1 cites this opinion as well.
			</ref>
			# 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.
			</ref>

			==Sources==
			<references/>
			[[Category:Lifecycles]]
			[[Category:Marriage]]

YitzchakSultan at 21:40, 26 August 2015

2015-08-26T21:40:01Z

← Older revision		Revision as of 21:40, 26 August 2015
Line 1:		Line 1:
	# There is a major dispute between the early authorities what is considered the halachic act to effect Nesuin, marriage.		# There is a major dispute between the early authorities what is considered the halachic act to effect Nesuin, marriage.
	## The Rambam (Ishut 10:2) holds that when a groom brings his bride into his house ~~which~~ is ~~secluded~~ and they'~~re alone,~~ that's considered halachic marriage.		## The Rambam (Ishut 10:2) holds that when a groom brings his bride into his house with the intention of marriage and they are secluded in a way that biyah is possible, that's considered halachic marriage.
			## The Ran (Ketubot 2a) holds that when a groom brings his bride into his house with the intention of marriage and they are secluded even if biyah isn't possible that's considered halachic marriage.
	## The Manhig (Hilchot Erusin VeNesuin p. 540) and Orchot Chaim (Hilchot Kiddushin s.v. VeAchar HaErusin) hold that when the groom covers the bride with a cloth that is considered halachic marriage based on the pasuk in Megillat Rut 3:9.		## The Manhig (Hilchot Erusin VeNesuin p. 540) and Orchot Chaim (Hilchot Kiddushin s.v. VeAchar HaErusin) hold that when the groom covers the bride with a cloth that is considered halachic marriage based on the pasuk in Megillat Rut 3:9.
	## The Rama EH 55:1 holds that when the bride and groom go under the canopy together that is considered halachic marriage.		## The Rama EH 55:1 holds that when the bride and groom go under the canopy together that is considered halachic marriage.
	## ## The Rambam (Ishut 10:1) holds that Biyah is also considered one of the forms of halachic marriage.		## The Rambam (Ishut 10:1) holds that Biyah is also considered one of the forms of halachic marriage.

YitzchakSultan: Created page with "# There is a major dispute between the early authorities what is considered the halachic act to effect Nesuin, marriage. ## The Rambam (Ishut 10:2) holds that when a groom br..."

2015-08-26T21:37:53Z

Created page with "# There is a major dispute between the early authorities what is considered the halachic act to effect Nesuin, marriage. ## The Rambam (Ishut 10:2) holds that when a groom br..."

New page

# There is a major dispute between the early authorities what is considered the halachic act to effect Nesuin, marriage.
## The Rambam (Ishut 10:2) holds that when a groom brings his bride into his house which is secluded and they're alone, that's considered halachic marriage.
## The Manhig (Hilchot Erusin VeNesuin p. 540) and Orchot Chaim (Hilchot Kiddushin s.v. VeAchar HaErusin) hold that when the groom covers the bride with a cloth that is considered halachic marriage based on the pasuk in Megillat Rut 3:9.
## The Rama EH 55:1 holds that when the bride and groom go under the canopy together that is considered halachic marriage.
## ## The Rambam (Ishut 10:1) holds that Biyah is also considered one of the forms of halachic marriage.