[Rambam] 3 ways of Kiddushin

Question 1

What are the 3 main leshonot of kiddushin that the man says?

Answer 1

Harei at…
* Mekudeshet li
* Me’ureset li
* Li l’isha ba’zeh

Ishut 3:1

Question 2

If SHE gives the money and SHE says the proposal, what’s the din?

Answer 2

NO kiddushin

Ishut 3:2

Question 3

If SHE gives the money, and HE says the proposal, what’s the din?

Answer 3

NO kiddushin

Ishut 3:2

Question 4

If HE gives the money, and SHE says the proposal, what’s the din?

Answer 4

Safek kiddushin

Ishut 3:2

Question 5

How is kiddushin biShtar done?

Answer in 4 parts

Answer 5

• He writes on a piece of paper (or similar)
• The words “harei at mekudeshet li” (or similar)
• And gives it to her
• Infront of eidim

Ishut 3:3

Question 6

What are two conditions to how the Shtar Kiddushin must be written?

Answer 6

It must be written…
1. Lishma
2. Mi’datah

Ishut 3:4

Question 7

Describe the process of Kiddushin beBiah (4 steps)

Answer 7

1. Says “harei at mekudeshet li” (or similar)
2. They are mityached
3. Infront of eidim
4. Biah

Ishut 3:4

Question 8

At what point of biah does the Kiddushin take effect?

Answer 8

G’mar biah

Ishut 3:5

Question 9

If he says “hareini ba’alech”, does it work? Why?

Answer 9

No

Needs to be “Ki Yikach”

Ishut 3:6

Question 10

If he says “harei at ishti”, does it work?

Answer 10

Yes

Ishut 3:6

Question 11

If he says a vague proposal, such as “harei at meyuchedet li”, does it work?

2 parts to the answer

Answer 11

• No
• Unless he was speaking with her about kiddushin prior - then it’s a safek

Ishut 3:7

Question 12

Can you do kiddushin in a foreign language?

Answer 12

Yes - it can be done in any language that she understands

Ishut 3:8

Question 13

Do you need to formally appoint witnesses for the kiddushin?

Answer 13

No - it’s enough that they see the kiddushin

Ishut 3:8

Question 14

Is there ever a situation where the man doesn’t need to say any words of proposal, and the kiddushin works?

Answer 14

Yes. If they were discussing marriage and she agreed to it. Then he stands up and does kiddushin

Ishut 3:8

Question 15

If a man says “you are mekudeshet to HALF of me”, does it work? Why?

Answer 15

Yes (it’s like he’s saying, I’m going to marry someone else, in addition)

Ishut 3:9

Question 16

If a man says “HALF of you is mekudeshet to me”, does it work? Why?

Answer 16

No (b/c a woman can’t marry two men, so he is effectively saying i’m only married to half of you - and it needs to be “isha ve’lo chatzi isha”)

Reason based on commentaries

Ishut 3:9

Question 17

If he says, “HALF of you is married to me with this prutah (or half), and HALF of you is married to me with this prutah (or half)”, does it work? Why?

Answer 17

Yes. B/c he is being “moneh ve’holech”

Reason based on gemara

Ishut 3:10

Question 18

If he says, “HALF of you is married to me with this prutah TODAY, and HALF of you is married to me with this prutah TOMORROW”, does it work? Why?

Answer 18

Safek.

He is NOT moneh ve’holech, but he is being mekadesh 2 “chatzi isha” IN ONE GO - so maybe it’s okay

Reason based on Kovetz Shiurim (Kiddushin 72)

Ishut 3:10

Question 19

Is Kiddushei kessef Min HaTorah?

Refer to the girsas of the Mishne Torah

Answer 19

Two girsas
* No. “Aval ha’kessef mi’divrei sofrim.” (Most printed editions)
* Yes. “Ve’chen hakessef min haTorah, u’peirusho mi’divrei sofrim” (Ktav Yad Teiman)

Ishut 3:20

Question 20

If one is mekadesh with Biah, what is the outcome?

Mention 2 points

Answer 20

• Gets makat mardut
• Kiddushin works

Ishut 3:21

Question 21

What 2 ways of doing kiddushin (even through kessef), results in makat mardut?

Answer 21

• Doing so without shidduchin (prior agreement)
• Doing kiddushin in the shuk

Ishut 3:22

Question 22

What is the din if a woman is forced into accepting kiddushin? And why?

Based on Maggid Mishne

Answer 22

No kiddushin.

Works through “afkainhu” - he did “she’lo ke’hogen”, so Chazal did with him “she’lo ke’hogen”.

Ishut 4:1

Question 23

What is the din if she threw dinnar infront of him, or into a fire etc.?

Answer 23

No kiddushin

Ishut 4:3

Question 24

What is the din if she says to the man “give the dinnar to so-and-so”?

Two parts to the answer

Answer 24

• Not mekudeshet
• Unless she states “give it to him, so that he will accept it for me”, then it IS kiddushin

Ishut 4:3

Question 25

What is the din if she says “leave the dinnar on a rock”?

3 parts to the answer

Answer 25

• Not mekudeshet
• If rock belongs to her - mekudeshet
• If belongs to both of them - safek

Ishut 4:4

Question 26

What is the din if she says “give the bread to the poor person”?

2 parts to the answer; explain rationale

Answer 26

• Not mekudeshet
• Even if the poor person relies on her - she means give it in the capacity of tzedakah

Ishut 4:4

Question 27

What is the din if she says “give the bread to the dog”?

3 parts to the answer; explain rationale

Answer 27

• Not mekudeshet
• If her dog, mekudeshet [she’s getting hana’ah]
• If dog running after her to bite her, and he saves her - safek [maybe she’s being mekudeshet through the benefit of saving, or she’s just telling him to do what he’s chayav to do]

Ishut 4:4

Question 28

If he’s selling fruit, she asks for some, and he proposes - what’s the din?

2 parts; explain rationale

Answer 28

• If she says “yes” - mekudeshet
• If she says “give them to me” - NOT mekudeshet [she’s effectively saying “don’t play games”]

Ishut 4:5

Question 29

If a man is mekadesh with less than a prutah - what’s the din?

2 parts; rationale

Answer 29

• If less than a prutah of money - NOT mekudeshet
• If less a shaveh prutah - SAFEK [maybe it’s worth a prutah in a different place]

Ishut 4:19

Question 30

If a man is mekadesh with less than a prutah of vegetable/cooked dish … what’s the din?

Explain rationale

Answer 30

No kiddushin - b/c the item will get ruined by the time it gets to the new place

Ishut 4:19

Question 31

If a man is mekadesh with less than a shave prutah, and we know for certain that it’s worth a prutah in another place - what’s the din?

2 commentaries on the Rambam

Answer 31

• Tur - kiddushei VADAI
• Maggid Mishne - still kiddushei SAFEK

Commentaries

Ishut 4:19

Question 32

A man steals item from woman and then is mekadesh her with it, what’s the din?

3 parts

Answer 32

• No kiddushin
• Unless she says “Yes”
• Or is silent, and prior to that there was shidduchin between them

Ishut 5:10

Question 33

If man gives her an item to look after, and later on tries to propose with it, what’s the din?

2 parts

Answer 33

• If she is silent - no kiddushin
• If she says “yes” - kiddushin

Ishut 5:11

Question 34

A man repays debt to woman, and tries to be mekadesh her with the money, what’s the din?

3 parts

Answer 34

• No kiddushin
• Unless she says “Yes”
• Or is silent, and prior to that there was shidduchin between them

Ishut 5:12

Question 35

A man lends money to woman and is then mekadesh her with it, what’s the din?

Explain rationale

Answer 35

No kiddushin
B/c “milveh lehotza’ah nitnah” and she is not benefitting from the money now

Ishut 5:12

Question 36

If he forgives her debt and returns the mashkon to her, what’s the din?

Explain rationale

Answer 36

Kiddushin
B/c she is benefitting from the mashkon that she gets back

Ishut 5:14

Question 37

What’s the case of “hanayat milveh”?

Answer 37

Where the man extends the time of the loan for the woman, and he is mekadesh with that benefit

Ishut 5:15

Question 38

What’s the din of hanayat milveh?

2 parts

Answer 38

• Kiddushin
• Forbidden to do so b/c it’s like Ribbit

Ishut 5:15

Question 39

What’s the case of “kiddushin mi’din Arev”?

Answer 39

• Woman says give dinnar to person B, and I will be mekadesh to you - person A
• Person A proposes, based on the hana’ah the woman gets
• It IS kiddushin

Ishut 5:21

Question 40

What is the mechanism of “din Arev”? And how does the Rambam view it?

Bring 2 of the Rishonim

Answer 40

• Tosefot (Bava Metziah 71b): it’s “as though” the Arev has borrowed the money
• Ritva: Effect is through the hana’ah that the woman (“arev”) receives
• Rambam holds like Ritva

Based on Machaneh Efrayim

Ishut 5:21

Question 41

What is the case of “kiddushin mi’din Eved K’nani”?

Answer 41

• Person B gives dinnar to woman
• …and be mekadesh to Person A
• Person A proposes
• It IS kiddushin

Ishut 5:22

Question 42

What’s the case of kiddushin using dinnim of both “Arev” and “Eved knani”?

Answer 42

• Woman says to Person A: give dinnar to person B, and I will be mekadesh to him
• Person B proposes, based on the hana’ah the woman gets
• It IS kiddushin

Ishut 5:21

Question 43

If a woman gives money to man, and he proposes based on the hana’ah of accepting it, what’s the din?

Answer 43

If he’s an adam chashuv - then mekudeshet

Ishut 5:22

Question 44

Can a man do kiddushin through giving a mashkon to a woman?

Answer 44

• If he’s mekadesh with dinnar, and gives mashkon in the meantime - NO kiddushin
• If he gives her a mashkon that he has from debts to others - MEKUDESHET

Ishut 5:23

Question 45

Kiddushin on condition that you return the dinnar to me, what’s the din?

Rationale

Answer 45

NO kiddushin - if she does not return it, tannai not fulfiled it, if she does return it, she has not benefited anything

Ishut 5:25

Question 46

If woman received bundle, and later on it was clear that there was money hidden in it - and he proposed on that as well, what’s the din?

Answer 46

• If she says yes - kiddushin
• If she remains silent - then SAFEK kiddushin (b/c maybe bundle is worth a prutah in another place)

Ishut 5:25