Sunday, October 19, 2008

Kiddushin 11 - How Much Money is Needed for Kiddushin?


Beit Shammai required a minimum of a dinar for Kiddushin, a coin with silver content equivalent to 96 barley grains. What is their reason?

Self-esteem? - No, because then some would require more.

Is it because when Torah mentions Kesef (money), it means a silver coin? This withstands questioning.


Or is it because we compare a bride to a Jewish maidservant, who is redeemed by diminishing the price for years served, so she must start with a dinar? This also withstands questioning.

The law follows Beit Hillel, who requires only a minimal coin (prutah, about 5 cents).

Art: A Candlelight Scene: A Man Offering a Gold Chain and Coins to a Girl Seated on a Bed

Thursday, October 16, 2008

Kiddushin 8 - Betrothal with Valuables

A man betrothed a woman by giving her a quantity of silk. He said, “Become betrothed to me with $2,000, and here is this silk as payment.” The silk was indeed worth $2,000. Does the woman, who is not an appraisal expert, rely on his words and wholeheartedly commit herself to marriage? The prevailing ruling is that she does.

If a man said to a woman, “Become betrothed to me with $100,” but instead gave her an item as collateral, she is not betrothed. She did not receive the promised money, nor was collateral given as a gift.

Art: Silks and Satins,  1900 Posters

Wednesday, October 15, 2008

Kiddushin 7 - Cash Flow

If a woman suggests to a man, “Give money to so-and-so and I will thereby become betrothed to you,” and the man gives the money as specified and says the formula, the woman becomes betrothed, through the principle of a guarantor. A loan guarantor, even though he does not personally receive the benefit, still binds himself to repay. So too, she commits herself in return for the money based on her say-so.

An extraordinary man who never accepts gifts (none such today) can marry a woman by giving her the pleasure of taking her gift.

Art: The Gift for the Favorite by Antonio Maria Fabres y Costa

Kiddushin 5 - Terms of Endearment

How is Kiddushin brought about through money? When a man gives a woman money or items worth money and says, "Behold, you are betrothed to me - Harei at mekudeshet li," and she agrees, she is betrothed.

Anyone who does not know the laws of divorce documents and Kiddushin should have no dealings with them, for an unwitting error in the decision could prove intractable.

A woman can not be betrothed by forgoing the repayment of a loan. The loan is given for expenses, with the obligation to repay. Thus, he is not giving her anything of value at this moment.

How about a document? A document is drafted by a man, and it states that a woman is hereby betrothed to him. The Kiddushin is effected when the man gives the document to the woman.

Why does this work? Because “And she will leave the first husband's house, and she will go and be a wife unto another man.” Since “leave” can be effected through a document, so too “be” can be effected through a document.

But if so, can divorce be effected by money? - No, because a defender cannot become an accuser. And while the documents would be different and distinct, money would be the same.

Art: A Young Lady and a Cavalier by Frans Francken (III)

Thursday, October 9, 2008

Gittin 90 (Conclusion) - Reasons for Divorce

Beit Shammai say, “A man may not divorce his wife unless he found in her an act of adultery.” Proof: “Because he found in her an adulterous matter.”

But Beit Hillel says, “Even if she burned his dish.” Proof: “Adulterous or any other matter.”

Rabbi Akiva says, “Even if he found another more attractive than her.” Proof: “And it comes to pass that she does not find favor in his eyes.

Despised by God is anyone who sends away his wife without a compelling reason.

Whenever anyone divorces his first wife, even the Temple Altar sheds tears on his account.

Art: Alfred Sisley with His Wife by Renoir

Gittin 89 - Rumors of Marriage

If a woman was rumored in town to be betrothed, she is treated as though she were betrothed; that is, she may not marry anyone except the man to whom she is rumored to be betrothed unless he gives her a Get.

A rumor of marriage is recognized not as mere gossip. Still, when they say, "We heard the rumor from so-and-so, and they heard it from so-and-so," the court continues to investigate until they find two qualified witnesses who saw the betrothal feast and heard people say, "So-and-so was betrothed today."

Art: The Secret by William-Adolphe Bouguereau

Tuesday, October 7, 2008

Gittin 88 - Divorce Procured by Force

The term "quickly" of the Master of the World means 852 years because of the phrase "you will be aged (venoshantem=852 by gematria), and you will be removed, quickly, from the Land."

Concerning a Get procured by force, the Get is valid if the coercion was applied by the Jewish court and the husband acquiesced. But if the pressure was used by a court of idolaters, the Get is invalid. However, even in a court of idolaters, they may beat the husband and tell him, "Do what the Jewish court tells you to do!" the Get is valid.

Art: Peasants Fighting by Adriaen Brouwer