Brit Milah Flashcards
קדושין תופסין
(lit. “kiddushin catches”) marriage that is forbidden but, if it takes place, is legally legitimate (marriage must be dissolved with a get.)
E.g. שניות עריות
Marriage between a divorced, adulterous woman and the man with whom she committed adultery.
אין קדושין תופסין
marriage that is forbidden and, if it takes place, has no legal effect.
Any child born from such a union is considered illegitimate.
E.g. עריות (blood relatives
תנאים
conditions made upon engagement
Order of Marriage Ceremony
a. Aufruf on Shabbat before Wedding
b. Mikveh
1. Kabbalat Kinyan
2. Signing of Ketubah
3. Badecken
4. Erusin (Ring giving)
- -2 blessings- wine and הרי את מקודשת לי בטבעת זו כדת משה וישראל
5. Reading of Ketubah to break up Erusin and Kiddushin
6. Kiddushin (Sheva Brachot)
Sheva Brakhot:
who creates the fruit of the vine.
who has created all things for His glory.
Creator of man.
who created man in His image, in the image [of His] likeness [He fashioned] his form, and prepared for him from his own self an everlasting edifice. Blessed are You L-rd, Creator of man.
May the barren one [Jerusalem] rejoice and be happy at the ingathering of her children to her midst in joy. Blessed are You L-rd, who gladdens Zion with her children.
Grant abundant joy to these loving friends, as You bestowed gladness upon Your created being in the Garden of Eden of old. Blessed are You L-rd, who gladdens the groom and bride.
who created joy and happiness, groom and bride, gladness, jubilation, cheer and delight, love, friendship, harmony and fellowship. L-rd our G‑d, let there speedily be heard in the cities of Judah and in the streets of Jerusalem the sound of joy and the sound of happiness, the sound of a groom and the sound of a bride, the sound of exultation of grooms from under their chupah, and youths from their joyous banquets. Blessed are You L-rd, who gladdens the groom with the bride.
Lieberman Clause
Additional clause in the Ketubah indicating a private agreement between partners that they each agree to submit to the authority of the Beit Din, which is to be enforced by local civil authority. Goal: to prevent agunot.
Dates Weddings cannot be performed:
Shabbat, Hagim (transgress laws of hag) Hol HaMoed (אין מעריבין שמחה בשמחה) Mourning periods: Omer (up to ל״ג or excluding ל״ג) 3 weeks before Tisha B’Av (exceptions, varying practices)
Requirements for Conversion (Peretz and Greenwald)
Mila/hatafat dam (for men)(with Bracha leshem Brit Mila, one witness acceptable;)
Kabbalat Ol Malkhut Shamayim and Mitzvot before a Beit Din of 3
Tvila / Mikva -(2 witnesses)
(for practical reasons/necessity BD/mikveh order can be reversed - Klein has them reversed from the outset)
Three components of Brit Milah
מילה
פריעה
מציצה
מילה - cutting of the foreskin
פריעה - tearing and pulling back of membrane
מציצה - sucking blood from wound
Anatomy of Brit Milah
עתרה
עור הפריעה
ערלה
עתרה - crown/glans/head
עור הפריעה - membrane separating foreskin from glans
ערלה - foreskin
Timing of Brit Milah
8th day and on, during the daytime (the earlier the better)
if the child was born naturally (not induced or via c-section), then it takes place even on Shabbat and Yom Kippur
מילה דוחה שבת
only if these days are certainly the 8th day - מילה בזמנה
if there’s ספק due to the child being born בין השמשות, then we postpone until after Shabbat or Chag
kevvater/kevatterin
Godfather/mother
Carry infant to Sandak
Sandak
Holds baby during circumcision
Order of Brit Milah
ברוך הבא
Prayer זה הכסה של אליהו
בא’‘י אמה’‘ע אקב’‘ו על המילה - said by mohel
milah
בא’‘י אמה’‘ע אקב’‘ו להכניסו בבריתו של אברהם אבינו - father/ parents say
כשם שנכנס לברית, כן יכנס לתורה לחופה ולמעשים טובים - community responds
bless over wine
bless over the child and parents’ health
announce his Hebrew name
Textual basis for Get
Deut. 24:1: “When a man takes a wife and marries her, then it comes to pass if she finds no favor in his eyes, because he has found some unseemly thing in her, that he writes her a bill of divorce and give it in her hand and send her out of the house…”
Initial Requirements for Get
Couple remains married until husband gives wife get and she receives it. The court has the function of ensuring that all the formalities required by the law are carried out properly. Need consent of both parties (Rabbenu Gershom takana that wife has to consent) as act of free will (467, Klein).
Mored/Moredet (Get)
Husband/Wife refuses out of spite to allow spouse to exercise conjugal rights for one year. Attempt at reconciliation is made and get is issued if it fails. Different if the husband is loathsome to her. According to some authorities, in case of moredet husband can marry another woman without a get or with or without a התר מאה רבנים, permission of 100 rabbis, or by giving her a get על ידי זכוי (granting her the get is to her benefit, so grant it even if she’s not present).
זכין לאדם שלא בפניו
Principle that we may confer benefit on a person when he is not present it’s a benefit since if they already have a civil divorce and they don’t live together because she is no longer benefiting from him.
Ceremony Description (Get)
Sofer (scribe), rabbi, couple and two witnesses present at get ceremony. Witnesses cannot be related to husband or wife, to each other or to the rabbi. They must be adult males, pious and law abiding. They must not be involved or interested parties. This applies to the witnesses who sign the get and to the witnesses who are present when it’s delivered. Sofer may not be witness, b’de’evad emergency situation he can.
