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But even if we assume that the officiating rabbi and the cantor are eligible witnesses, the practice in many communities is to designate the witnesses who will attest that the act of kiddushin transpired, and they are deemed as the only witnesses who can confirm the act of kiddushin . 9 Hagahot ha-Semag , mitzvah 183 (7); Teshuvot Ridvaz 2:707; Shakh, SA HM 36:8; Beit Meir 42:4. One of the reasons for this practice is the concern that arises from Ritva's view, namely that an ineligible witnesse disqualifies eligible witnesses, 10 Hiddushei ha-Ritva , Kiddushin 43a. and some authorities have endorsed his position. 11 Tosafot Yeshanim , Bava Batra 113a in the name of Rashbam ; Teshuvot Zikhron Yehudah 81; Rabbeinu Yeruham , Sefer Meisharim 7; Teshuvot Tzitz Eliezer 8:37:9, in the name of Ritva, who wrote: "And many held like him." However, other decisors factor Ritva's posture into consideration only as a supporting argument (a senif ) for ruling leniently. 12 Teshuvot Rabbi Akiva Eiger , Mahadura Tinyana, 56:28; Teshuvot Maharsham 2:101; Teshuvot Sha'arei Tzion 2, EH 11. In the present case, we factored Ritva's opinion into consideration as an additional ground for invalidating the kiddushin. 13 For extensive discussion of Ritva's view in general and the basis for determining the Halakhah in accordance with a minority view in particular, see this writer's Rabbinic Authority , vol. 3, 245–252. In the case at hand, the officiating rabbi did not designate witnesses. | {
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2. Lack of intention of the ineligible and the eligible witnesses to testify | {
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Another basis for leniency is the view of Shakh, namely that if there were relatives and ineligible witnesses standing under the wedding canopy and none of the witnesses (including the eligible ones) intended to testify, the entire testimony is nullified. 14 Shakh , SA HM 36:1. See Ketzot ha-Hoshen 36:1 who is of the view that the opinion of Shakh must be taken into consideration. | {
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Amongst the guests in the hall at the time of the wedding ceremony, there were three men who were religiously observant, but even so, the opinion of Shakh must be taken into consideration; 15 Shakh , supra n, 14. therefore, the situation here is one of a double doubt ( sefek sefeika ) that disqualifies these three people, as Rabbi Soloveichik contends: 16 Soloveichik , supra n. 5, 305. | {
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Even if it had emerged that amongst the guests in the hall, there were two men who refrained from desecrating the Shabbat in the presence of an ultra-Orthodox rabbi, even then there is a double doubt because we must adjoin the view of Shakh . . . whereby even though an eligible witness is fit to testify even if he did not intend to do so, in any case if amongst the witnesses there were relatives or ineligible persons then the eligible witness is fit to testify only if he had intent to testify. But if the eligible witness did not have intent to testify, then the presence of the relative and the ineligible witness disqualifies his testimony. And if so, even if we assume that amongst the guests there were two Jews in the category of tinokot shenishbu [this refers to those who sin inadvertently, but are not held accountable due to having been deprived of a Jewish education], who desecrated the Shabbat only in private, and they stood up in their places to watch the kiddushin – in any case, because the Conservative rabbi and the relatives who stood on the stage were certainly scripturally ineligible, therefore the fact that the Conservative rabbi and the relatives on the stage were watching, disqualifies the testimony of the two Jews who desecrated the Shabbat in private and were deemed to be tinokot shenishbu. | {
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3. Validity of the kiddushin by virtue of "We are witnesses"– anan sahadi | {
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Prima facie , even in the absence of two eligible witnesses for establishing the kiddushin such as in our case, seemingly we should adopt the rulings of Havot Yair, Hatam Sofer and Iggerot Moshe whereby halakhically observant Jews who sat amongst the guests and watched the kiddushin ceremony, without hearing the husband's statement, "You are hereby betrothed . . ." and without seeing the passing of the ring from the groom to the bride, may serve as witnesses by virtue of the concept of "we are witnesses" ( anan sahadi ). | {
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Our response to this posture is that in the wake of the ineligibility of the witnesses, the kiddushin would have been voidable, and if our intention was to validate the marriage by means of other people amongst those present at the kiddushin ceremony, we would have considered invoking the views mentioned above. 17 Teshuvot Havot Yair 19; Teshuvot Hatam Sofer , EH 1:100, quoted in Pithei Teshuvah , SA EH 42:11; Teshuvot Iggerot Moshe EH 1:76–77; 3:32; 4:13. However, in the present case, we are seeking a way to invalidate the kiddushin due to the husband's get recalcitrance! Therefore, notwithstanding the argument that there is a tradition in relation to rulings concerning forbidden relations, whereby the authorities must take into account all the strict views, 18 SA EH 17:15; Helkat Mehokeik , ibid. , 31; Bi'ur ha-Gra , ibid., 61; Mahatzit ha-Shekel , ibid., 56; Teshuvot Kedushat Yom Tov 9, in the name of Rabbi Yom Tov Elgazi; Arukh ha-Shulhan , EH 42:2; Teshuvot Sha'arei Rahamim (Rabbi Haim Rahamin Franco), EH 19; Teshuvot Pnei Yitzhak 1:10, 13. Cf. Taz , SA EH 17:15. in a situation involving get intransigence many legists argue that the ruling ought to be lenient and in certain situations may rely upon a minority view. 19 Teshuvot ha - Rosh 51:2; Teshuvot Zikhron Yehudah 92; Teshuvot Maharik , shoresh 121; Teshuvot Betzalel Ashkenazi 32; Teshuvot ha-Mabit 1:135; Teshuvot Mas'at Binyamin 109; Teshuvot Tzemah Tzedek (Krochmal) 103; Teshuvot Noda be-Yehudah , Mahadura Kama, EH 29, 57; Teshuvot Simhat Yom Tov 12; Teshuvot Hayyim ve-Shalom 2:110; Teshuvot Yabia Omer 7, EH 8:19. For reliance upon a minority view, see Teshuvot Ma'sat Binyamin 44, 105; Teshuvot Re'em 36; Beit Shmuel SA EH 17:47; Teshuvot ha-Mabit 188. Cf. Helkat Mehokeik, SA EH 17:31. See further, this writer's Rabbinic Authority , vol. 3, 247–250, 252–256. | {
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As emphasized by Rabbi Sinai Sapir, a nineteenth century Lithuanian decisor: 20 Teshuvot Minhat Ani 51. | {
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In relation to the halakhot of being a chained woman ( igun ), it is not right to cobble together strictures on the basis of fine distinctions and subtle rejections of legal arguments; rather, we ought to prefer the superior path of lenient decision-making, for at the end of the day we are dealing with people's lives. . . . | {
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Since we rule leniently, it is appropriate that we follow the majority of the authorities concerning invoking "we are witnesses" as a means to establish the act of kiddushin . 21 Teshuvot Yehaveh Da'at 6, Kelalei ha-Hora'ah , p. 32:9; PDR 4:164, 166 (Rabbi Hadaya, Rabbi Elyashiv and Rabbi Zolty). Owing to the fact that the majority of decisors reject the view of Havot Yair, Hatam Sofer and Iggerot Moshe, 22 Teshuvot Mahari Weil 7; Teshuvot Mishpetei Shmuel 20; Teshuvot Shem Aryeh 1:31; Teshuvot Ein Yitzhak 2, EH 64; Teshuvot Or Li 73b. we have refrained from adopting it in the circumstances of this case, particularly in view of the fact that in addition to the above decisors, their view is rejected by several leading contemporary legists such as Rabbi Eliezer Waldenberg, Rabbi Ovadia Yosef, Rabbi Osher Weiss and Rabbi Tzion Boaron. 23 Teshuvot Tzitz Eliezer 8:37; Teshuvot Yabia Omer 8, EH 3, and 8:5; Teshuvot Minhat Osher 2:83; Teshuvot Sha'arei Tzion 2:11, 3:22. Cf. R. Elyashiv, Kovetz Teshuvot 5:193 and R. Eliyahu, Teshuvot Ma'amar Mordekhai 1, HM 3 who endorse the view of Rabbi M. Sofer, Rabbi M. Feinstein and others. See supra n. 17. Finally, in the wake of the designation of two witnesses to attest and establish the act of kiddushin which is a common practice today, there is no basis to endorse Havot Yair's, Hatam Sofer's and Iggerot Moshe's posture. 24 Mahari Weil , supra n. 22; Teshuvot Perah Matteh Aharon 2:117; Teshuvot Ne'eman Shmuel 79; Teshuvot Yad ha-Levi EH 23–24; Teshuvot Binyan Tzion 1:157. | {
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Moreover, recourse to "we are witnesses" is conditional upon the fact that the officiating rabbi is halakhically observant in general, and is expert in the halakhot of kiddushin and marriage in particular, as stated above. 25 Shevut Ya'akov , supra n. 7; Knesset Yehezkel , supra n. 7; Divrei Malkiel , supra n. 7; Teshuvot Shem Aryeh , supra n. 22; Teshuvot Tzitz Eliezer 8:37:9. According to Taz , SA EH 19:1, too, the officiating rabbi must have a basic knowledge of the halakhot pertaining to conducting the wedding ceremony. The fact that the officiating rabbi did not designate witnesses to the kiddushin , was not expert in additional halakhot relating to the kiddushin and marriage ceremony, and was unaware of the problem that was liable to arise as a result of adopting Ritva's position, attests to a lack of halakhic expertise. As such, in the case before us one cannot invoke "we are the witnesses," which is based on the implied assumption that it is possible to rely on the expertise of the officiating rabbi; hence, guests amongst the invitees who watched the kiddushin ceremony cannot serve as validating witnesses to the kiddushin . Finally, even Rabbi Feinstein, who aligns himself with the posture of Havot Yair and Hatam Sofer, agrees that in the wake of an officiating rabbi who is not versed in matters of kiddushin, the application of "we are witnesses" will be ineffective. 26 Teshuvot Iggerot Moshe EH 1:77. | {
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4. Doubt as to whether the couple understood that the kiddushin was effectuated by the handing over of the ring | {
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The Torah teaches us: 27 Devarim 24:1. "When a man taketh a wife . . ." and the Talmud explains exegetically, "When a man taketh a wife, and not when [a woman] taketh [a man]." 28 Kiddushin 4b. | {
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Moreover, at the beginning of Chapters 1 and 2 of Mishnah Kiddushin respectively, we read: "The man betroths" and "the woman is acquired." In other words, as opposed to sale in which the money is handed over in consideration of the object that was acquired, here, in kiddushin , the money is given an act of undertaking an obligation(s) (a kinyan ) of a prospective husband toward his prospective wife. | {
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According to the literal interpretation of the Torah and the Mishnah, the man executes the act of undertaking a duty through kiddushin vis-à-vis the the woman, the prospective spouse is passive, and negates her mind and her will in the face of her husband and seemingly the wife is being acquired by the husband. This appears to be the case according to the well-known words of Ran who elucidates: 29 Nedarim 30a, s.v. ve-ishah . | {
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Since the Torah said, "When a man takes a woman," and it did not say, "When a woman be taken to be with a man," she has no legal capacity to transfer herself into his legal jurisdiction. Rather, in agreeing to be taken in marriage by the man, she negates her own will and mind and is then considered as ownerless property ( hefker – AYW) vis-à-vis her husband. At that point, the husband transfers her into his domain, hence the act of "taking someone in kiddushin " can only be executed by a man and never by a woman. | {
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However, if one examines closely the words of Ran and other authorities, one sees that an act is required on the part of the woman, whereby she negates her will with respect to the act of kiddushin . 30 Hiddushei R. Shimon Shkop , Kiddushin 1; Sha'arei Yosher 7:12; Kehillot Ya'akov , Kiddushin 7 (Comments); Mishnat Shlomo , Kiddushin 2; File 870175/4, Haifa Regional Beit Din, 7 Tevet 5775; Minhat Osher, Kiddushin 1. In other words, whereas, the man establishes the kiddushin via the execution of a kinyan , the woman must accept ( kabalah ) the money in order to finalize the kiddushin . See Minhat Osher, Kiddushin 20. As noted by some of the above-cited legists , kiddushin generates an acquisition of a prohibition ( kinyan issur ) that a married woman is prohibited to the world except to her husband rather than being a monetary acquisition (a kinyan mamon ) like owning chattel. On the other hand, the kiddushin is created via the acquisition of money ( kinyan kesef ). See Teshuvot Avnei Millium 17. In other words, kiddushin is established by the transfer of money (e.g. a ring) from the man to the woman which symbolizes the undertaking by the man of his marital duties vis-à-vis his prospective wife based upon mutual consent rather than a medium of acquisition. Furthermore, whereas, a sales transaction executed via the transfer of money (a kinyan kesef ) between the buyer and the seller is for the purpose of payment; in a matter of kiddushin , the transfer of an item of monetary value ( sha'vei kesef ) is a symbol for establishing intimacy ( kinyan ishut ). See Seridei Esh, Kiddushin 13. Lest one construe the Ran's words as suggesting that the consummation of kiddushin entails that the man is acquiring a monetary asset, namely his spouse, nothing could be further from the truth. As Ran notes elsewhere: 31 Ran on Rif, Gittin 9a, s.v ve'katvu . See also, Hiddushei ha-Ra'ah, Kiddushin 2a; Teshuvot Helkat Yoav 1, EH 4; Teshuvot Avnei Nezer EH 123:9. Though in numerous instances Rashba argues that a husband possesses a kinyan vis-à-vis his wife (see Teshuvot ha-Rashba 4:40, 5:174; Hiddushei ha-Rashba, Gittin 75a; Hiddushei ha-Rashba, Ketuvot 59b) it should be understood as either a kinyan issur (see supra n. 30) or denoting that the husband has certain obligations and rights vis-à-vis his wife. Lest one argues that Rashba's use of the term means that the husband owns his wife like chattel, Rashba explicitly states that the husband does not possess his wife. See Hiddushei ha-Rashba, Kiddushin 6b; Hiddushei ha-Rashba, Bava Batra 48b. The position of Netivot ha-Mishpat should be understood in the same fashion. See Teshuvot Hemdat Shlomo EH 18. | {
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The woman is not the asset of the husband . . . | {
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The couple must be aware of the fact that the act of kiddushin is executed with intent for the purpose of kiddushin. 32 SA EH 27:1–3; Helkat Mehokeik , ibid. 1, 4; Beit Shmuel , ibid., 5, 7. In other words, the man's intent is that his engagement in conjugal relations will be exclusively with his spouse, namely personal exclusivity ( kinyan ishut ). 33 Ohr Sameah, Ishut 4:2; Teshuvot Meishiv Davar 4:35; Avnei Millium 42:1; B. Lifshitz, "Topics regarding the nature of divorce, kiddushin and marriage," (Hebrew) ed. A. Edrei et.al., Studies in Law and Halakhah: Menachem Elon Memorial Volume , Jerusalem, 2018, 532, n. 20. Rema rules: "But a man is not believed when he says that his intention was not for kiddushin ." 34 Rema, SA EH 26:2. Apparently, according to Rema, there is an assumption that a person executing the kiddushin intends for it to be for the purpose of kiddushin . What does this refer to? It refers to the situation in which the person executing the kiddushin is halakhically observant in general, and knows that there is an obligation to have intention for the act of kiddushin in particular. However, in the circumstances of the present case, the person executing the kiddushin was brought up in a Conservative family, and attended Conservative Talmud torah studies classes (during extra-curricular time) and confirmation classes from the age of eight until the age of sixteen. It is therefore unreasonable to assume that the person was knowledgeable in Halakhah and intended that the act be executed for the purpose of kiddushin . Moreover, in the absence of the witnesses hearing the kiddushin formula (" harei at mekudeshet . . ."), if it is crystal clear that the man and woman intended to consummate the kiddushin , then the kiddushin is valid. 35 Rema, SA EH 27:3. In the absence of the man's recitation of the kiddushin formula to the woman prior to the transfer of the ring, some contend that the kiddushin is invalid. See Beit Shmuel , ad locum, 12; Helkat Mehokeik , ad locum 9; Bi'ur ha-Gra , ad locum, 19. For the source for these rulings see Kiddushin 6a; SA EH 27:1. | {
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In the present case, the couple exchanged rings. Although the plaintiff gave a ring to the defendant after the ketubah had been read, it is altogether extremely doubtful whether the plaintiff understood that the ring that had been given to her earlier at the time of the kiddushin entailed a man's undertaking to accept certain marital duties rather than a merely ceremonial act. Even if the officiating rabbi understood the halakhic difference between the respective rings exchanged, and therefore arranged it so that the plaintiff would give a ring to the defendant after the reading of the ketubah , he did not explain to the couple the differentiated significance of this ring exchange. Therefore, a doubt arises as to whether the officiating rabbi was able to explain the difference between the giving of the kiddushin ring by the groom to the bride, and the subsequent giving of the ring as a gift by the plaintiff to the defendant after the reading of the ketubah . In relation to both rings, the intention may have been only to exchange gifts. | {
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As Rabbi Moshe Feinstein aptly notes: 36 Teshuvot Iggerot Moshe , EH 3:25. | {
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Even if he gives her a ring, the fact that she also gives him a ring proves that the ring that he gave was also a mere gift on account of them becoming man and wife, but it does not relate in any fashion to executing kiddushin . | {
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5. Giving a ring before saying, "You are hereby betrothed" | {
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The groom must recite the statement of kiddushin – "You are hereby betrothed to me . . ." prior to giving the ring, 37 MT, Ishut 3:1; Knesset ha-Gedolah , EH 27, Hagahot Tur 8; ha-Mikneh , Kiddushin – Kuntres Aharon 27:9. and if the bride received the ring prior to the statement having been recited – the validity of the kiddushin is doubtful. 38 Otzar ha-Poskim , Kiddushin 28:31:41–43. Some contend that the kiddushin is invalid. See Magid Mishneh, MT Ishut 3:8 in the name of Rashba; Bedek ha-Bayit, Tur EH 36. | {
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In the present case, as appears in the video of the ceremony, the giving of the ring by the groom preceded his reciting of the kiddushin formula, "You are hereby betrothed." In other words, the act of kiddushin was executed without the statement. Now, if the man would have spoken with the woman about matters of kiddushin and given her the ring in silence, the kiddushin would be valid. 39 Kiddushin 6a; SA , EH 27:1. Similarily, in the present case the kiddushin ought to have been equally recognized. However, as we noted, the parties were unaware of the fact that they were dealing with "matters of kiddushin ," ( iskei kiddushin ) for they viewed the ceremony as the exchange of presents, and had no awareness of the aspect of the prospective husband's undertaking of his marital responsibilities at the time of the kiddushin . As Rabbi Osher Weiss incisively observes: 40 File no. 1126792/1, Netanya Regional Beit Din, October 1, 2017. Rabbi Weiss's utilization of the word of "acquisition" is to be used as denoting a man's decision to undertake an obligation(s) upon marriage rather than viewing his prospective spouse as acquiring a piece of chattel. See further, Minhat Osher, Kiddushin 1, 2, 5; Minhat Osher , Bereshit , Hayei Sarah, 26. See further supra notes 30–31. Cf. others who contend that even if a Jewish couple live together and have an exclusive relationship of intimacy with each other (a husband's kinyan of ishut) such as a civil marriage rather than intend to be intimate for the sake of kiddushin , should the ties dissolve; a get ought to be executed in order to nullify the husband's undertaking of the duty of intimacy. See Teshuvot Iggerot Moshe EH 3:25 in the name of Rabbi Henkin; Rabbi Sheinberg, Ohr ha-Ner , Tractate Gittin (end) in the name of Hazon Ish. See infra chapter 4c, n. 63. | {
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A husband's act of kiddushin is different according to our Torah . . . from what is customary in the modern world. According to the Torah, the husband acquires his wife by giving her a ring as kiddushin of money . . . The kiddushin is effectuated by him but one requires only her consent. . . . However, the modern understanding in the world is that we have a mutual obligation each for the other without any symbolic act of undertaking an obligation ( kinyan ) . . . it is a sign of endearment and love. Therefore, the practice is to exchange rings and the primary validity of the betrothal according to their outlook is in their declaration . . . rather than money. | {
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Therefore, it is very doubtful whether the couple understood that giving the ring is the actualization of this symbolic act or whether they regarded the ring simply as part of the marriage ceremony. | {
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6. Ownership of the ring by the person who executes the kiddushin (the mekadesh ) | {
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The kiddushin ring must belong to the prospective husband who executes the kiddushin . The purchase of it by the groom, 41 Tur , EH 28. excludes the use of a borrowed ring, 42 Teshuvot ha-Rosh 35:2. a stolen ring 43 SA EH 28:1. or one belonging to his partner 44 SA EH 28:18. for kiddushin . It becomes the responsibility of the officiating rabbi to establish that the ring does indeed belong to the groom. 45 Beit Shmuel SA 28:49. | {
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In the present case, prior to the ceremony, the parents of the defendant told the plaintiff that they had purchased a ring as a gift, and it should be used in the ceremony. In the absence of an act of acquisition, ownership of the ring vested in the plaintiff, since the defendant's parents announced that they bought the ring for her as a gift, indicating acquisition by way of a statement attesting to a halakhic transfer of ownership ( kinyan odita ). However, a preliminary condition for recognition of this type of acquisition is that the statement was said in the presence of two eligible witnesses. 46 SA EH 39:8; Ketzot ha-Hoshen 194:4; Imre Binah , Halva'ah 16, in the name of Maharsha and Maharam Lublin. | {
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Clearly, the defendant did not need to execute the symbolic act of acquiring the ring via lifting ( kinyan hagbahah ). 47 Bava Batra 86a. Acquisition may be executed via possessing the ring in his hand ( kinyan yad ). However, such acquisition is valid provided that the person had intent to acquire the object. 48 Tosafot Bava Batra 54a, s.v. adatah ; Hiddushei Rabbi Shimon Shkop, Bava Metzia 23. Cf. others who contend that the effectiveness of acquiring the ring via possession ( kinyan yad ) is contingent upon the execution of lifting the ring. See Ketzot ha-Hoshen 268:2. In our case, given the defendant's lack of Jewish education in general and ignorance of the halakhot of acquisition in particular, the defendant lacked the intent to acquire the ring. Furthermore, seemingly since the defendant's parents gave the ring to their son and we know that "when another mind conveys title" ( da'at aheret maknah ) the defendant may acquire title, 49 Nimukei Yosef, Bava Batra 41a; Hiddushei ha-Rashba, Gittin 20b. so the transfer ought to be effective. Nevertheless, given the parents lack of Jewish education in general and the halakhot of acquisition in particular, such a transfer never transpired. | {
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To state it differently, before the kiddushin ring was given by the defendant to the plaintiff, ownership of it remained vested in his parents, and the kiddushin was in fact executed with a ring that did not belong to the defendant, hence the kiddushin is invalid or minimally a doubtful marriage if construed as a borrowed ring or as a gift to be returned to the donor. 50 Concerning a borrowed ring, see SA EH 28:1; Be'er Hetev SA EH 28:4. Regarding a gifted ring from a third party, see SA EH 28:19, Rema , ad. locum; SA EH 28:20; Otzar ha-Poskim SA EH 28:20(105). Concerning a gifted ring from the defendant's parents to the defendant, assuming that the parents had intentions to transfer ownership to him as a gift and the defendant had intention to acquire it, the kiddushin would be valid. See Otzar ha-Poskim SA EH 28, 1:5; Arukh ha-Shulhan EH 28:84. Howver, as we mentioned neither the parents nor their son, the defendant were versed in the halakhot of acquisition. As such, the gift transfer of the ring never occurred. In short, we are dealing with a doubtful marriage. | {
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Finally, even if such a statement was declared in front of two witnesses and consequently the ring now belongs to the plaintiff, it is a matter of debate as to whether a second kiddushin has to be executed if the prospective wife gave her ring to her prospective husband to be utilized as the kiddushin ring. 51 Hiddushei ha-Rashba Gittin 20b; Teshuvot Hatam Sofer EH 1:86; Teshuvot Rabbi Akiva Eiger, Mahadura Tinyana, 45; Teshuvot Pri ha-Aretz 1, EH 4; Teshuvot Maharash Engel 6:8; Teshuvot ha-Sabba Kadisha 2, EH 13; Teshuvot Imrei David 22. | {
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7. Absence of finality of intention in the kiddushin ring requiring appraisal | {
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A wife cannot be acquired by means of an object the value of which cannot be appraised by experts, since its value may be wrongly appraised; therefore, the bride cannot be assured of its appraisal. 52 SA EH 31:2, and the validity of such kiddushin is doubtful ( safek kiddushin ). See Rema , ibid.; Helkat Mehokeik , ibid . , 4; Beit Shmuel , ibid., 3. | {
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In our case, the plaintiff was married by means of a ring containing several diamonds, and she had no idea of the value of the ring and its worth prior to the kiddushin . As we mentioned, she knew only that she would receive this ring in the wedding hall in the course of the wedding ceremony. | {
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Moreover, when the face of the bride is covered at the moment of the giving of the ring, this indicates that she is not particular about the object with which she is being betrothed, and the value of the ring is not important to her. 53 Rema, SA EH 31:2, in the name of Rashba. In the present case, however, the bride's face was uncovered at the time that the ring was given. 54 Whether the witnesses are obligated to see the bride's face is subject to debate. See Teshuvot ha-Mabit 1:227–228; Rema, SA EH 31:2; Teshuvot Hatam Sofer EH 1:100; Teshuvot Ein Yitzhak 1:62; Pithei Teshuvah SA EH 31. Furthermore, in order to dispel the concern about the absence of finality of intention on the part of the bride, the officiating rabbi ought to have asked her whether the ring was indeed worth one perutah . 55 Rema SA EH 31:12. The value of a perutah, which is a type of coin, is 1/1244 of a troy ounce (1/40 gram) of pure silver. See Hazon Ish HM 16:30. In the present case – he did not ask. | {
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8. Seclusion of the bride and groom ( yihud ) | {
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There are several interpretations of the definition of the marital canopy (" hupah "). According to some decisors, it is the bringing of the bride to the house of the groom for the purpose of marriage. 56 Beit Shmuel , SA EH 55:4; Bi'ur ha-Gra , ibid. 9. Others are of the opinion that it is obligatory for the couple to seclude themselves in a special place for the purpose of marriage, 57 Rema, SA EH 55:1; Helkat Mehokek , ibid. 9. and there are other interpretations as well. 58 Arukh ha-Shulhan , EH 55:4–11. According to the second view, which is the common practice in the Ashkenazic community, 59 B. Adler, Marriage in accordance to Halakhah (Hebrew), vol. 1, 382. the bride and groom seclude themselves in a "seclusion room" after the wedding ceremony, and two eligible witnesses must be present when the couple goes into the room. 60 Teshuvot ha - Ridvaz 1:121; ha-Mikneh , Kiddushin , Kuntres Aharon 55:1; Teshuvot Imre David 29. | {
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In the present case, the Ashkenazic couple was secluded without the presence of two witnesses. In other words, the officiating rabbi was evidently unaware that the kiddushin and marriage ritual require the presence of two witnesses at the time of the seclusion. | {
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Decision | {
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In view of all the above, the kiddushin of the plaintiff and the defendant are voidable for the following reasons: | {
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First, according to Rabbi Ehrenberg, who teaches us: 61 Teshuvot Devar Yehoshua 3:20. | {
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Since the witness was a transgressor of the Shabbat, there is a suspicion that the rabbi who performed the kiddushin for them also did not perform the kiddushin in a way that caused them to have effect . . . for the witnesses might not have watched the ring being given, or if the word li "to me," as required by Even ha-Ezer 27:4, were missing, and as a result there is no valid kiddushin , and the officiating rabbi must check this; this is acceptable if the rabbi who is the officiating rabbi is an observant person who is expert in the nature of kiddushin – we can rely on the presumption that the kiddushin were in accordance with the law . . . If there are no witnesses to this, and in particular if the officiating rabbi is not an expert and cannot be presumed to have conducted [them] in accordance with the law . . . it is doubtful whether kiddushin took place, and the woman is presumed to be unmarried, even if we know that there were eligible witnesses at the time of the kiddushin to attest to their validity. | {
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In other words, even if there were eligible witnesses, according to Rabbi Ehrenberg, the woman is deemed to be unmarried, because the officiating rabbi was not proficient in the halakhot of the ceremony of kiddushin and marriage! | {
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Indeed, in our case, as we explained, the officiating rabbi did not attend to all that was required in order for the kiddushin to be valid and consequently "we are witnesses" ( anan sahadi ) was ineffective as a vehicle to establish the act of kiddushin . | {
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To state it differently, when dealing with a doubtful marriage ( kiddushei safek ), there are numerous early authorities as well as other decisors who argue that we reinstate the original presumption of the wife, namely she has the presumption ( hazakah ) of being a single woman and she is biblically permitted to remarry without a get . 62 Ran on Rif Kiddushin 5b; Pri Hadash, YD 110, Kelalei Sefeik Sefeika 1; Teshuvot Maharit EH 18; Mishneh le-Melekh , MT Edut 6:7; Teshuvot Hikrei Lev 1 , YD 111; Teshuvot ha-Ridvaz 4:57; Teshuvot Torat Hesed of Lublin OH 15:4; Teshuvot Ein Yitzhak EH 59. Cf. Hiddushei ha-Ramban, Kiddushin 66a and Teshuvot Maharik , shoresh 171 who argue that in a case of a halakhic doubt the original presumption of being a single woman is not reinstated. Following in the footsteps of some authorities who arrive at the conclusion that she is permitted to remarry rabbinically without a get , 63 Tosafot, Kiddushin 79a, s.v. kidshei ; Hadrei Lev, EH 175. See further supra Chapter 2. we have decided to invalidate the kiddushin based upon the fact that the groom used a ring which did not belong to him, and given the various improprieties emerging from the wedding ceremony due to the halakhic incompetence of the officiating rabbi, as per the view of Rabbi Ehrenberg. 64 See supra text accompanying n. 61. | {
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Secondly, notwithstanding some who contend that a wedding officiated by a Conservative rabbi is a case of a doubtful marriage ( safek kiddushin ) where one can either obligate or coerce the giving of a get , 65 File no. 3360-21-2, Beit Din ha-Rabbani ha-Gadol, March 10, 2010. Though the Beit Din argues that based upon Iggerot Moshe , supra n. 3 we are dealing with a doubtful kiddushin , however a review of Iggerot Moshe , supra n. 5 will show that Rabbi Feinstein invalidates the marriage. in accordance with the rulings of Rabbi Moshe Feinstein and Rabbi Ahron Soloveichik, due to the fact that the officiating rabbi was affiliated with the Conservative Movement in general, and subscribed to its views in particular as well as Rabbi Ehrenberg's position of the halakhic incompetence of the officiating rabbi the kiddushin that he conducted are not to be recognized. | {
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Accordingly, the plaintiff is permitted to remarry without a get any Jew, including a Kohen . | {
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This decision was approved by a renowned halakhic authority. 66 Whether there is a halakhic requirement devolving upon a beit din to enlist the support of "a second opinion" or this rabbinic approval is reflective of a practice (" nohag ") is subject to controversy. See this writer's Rabbinic Authority , vol. 3, 256–262. | {
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C. A kiddushin ring: A borrowed ring or a gift on the condition to return it? | {
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During January 1993, the couple in question married. In September 2010, the couple separated and the civil divorce was finalized in September 2016. We summoned the husband (hereinafter: the defendant) to appear in beit din and he refused to respond to the summons. We scheduled a beit din hearing, we heard the arguments of the wife (hereinafter: the plaintiff), and during January 2018 we obligated the defendant to give a get to the plaintiff. To date, he has been recalcitrant in regard to giving the get . | {
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Prior to the defendant's giving a kiddushin ring (loosely translated: the wedding ring) to the plaintiff, the rabbi who officiated at the wedding ceremony (the mesadeir kiddushin ) asked the defendant – "Is the ring yours and have you paid for it?" His reply was that the ring belongs to him and he purchased it. However, the plaintiff, as well as other relatives that stood under the wedding canopy ( hupah ) during the time of the kiddushin, said that the defendant lied regarding the ownership of the ring. | {
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As described, "a crisis" occurred when the individuals standing under the wedding canopy realized that there was no wedding ring. Suddenly, one of the people standing there, a friend of the defendant, removed his ring and he gave it to the defendant, and with this ring the act of kiddushin was consummated. After the ceremony, the defendant's friend approached the plaintiff and requested that his ring be returned to him. The plaintiff agreed, she removed the ring and returned it to the defendant's friend. | {
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Discussion | {
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"ref": "Rabbinic Authority V, Part 2; Rabbinic Authority; The Reality, Chapter 4; Case studies of a wife's claim for voiding a marriage and levirate marriage (\"yibum\"), c) The wedding ring; A borrowed ring or a gift on the condition to return it? 5",
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Even though many authorities claim that traditionally, all strict views must be considered in matters concerning forbidden sexual relations, 1 SA EH 17:15; Helkat Mehokeik, SA EH 17:31; Bi'ur ha-Gra, SA EH 17:61; Mahatzit ha-Shekel, SA EH 17:56; Teshuvot Kedushat Yom Tov 9 in the name of Rabbi Yom Tov Algazi; Erekh ha-Shulhan EH 42:2; Arukh ha-Shulhan, EH 42:2; Teshuvot Sha'arei Rahamim Franco, EH 19; Teshuvot Sha'ar Asher EH 29; Teshuvot Pnei Yitzhak 1:10, 13. Cf. Taz, SA EH 17:15. nevertheless, in a matter of get recalcitrance ( igun ) many contend that the lenient view ought to be adopted. 2 Teshuvot ha-Rosh 51:2, Teshuvot Zikhron Yehudah 92; Teshuvot Maharik, shoresh 121; Teshuvot Betzalel Ashkenazi 32; Teshuvot ha-Mabit 1:135; Teshuvot Mas'at Binyamin 109; Teshuvot Tzemah Tzedek EH 103; Teshuvot Noda be-Yehudah EH Mahadura Kama 29, 57; Teshuvot Simhat Yom Tov 12; Teshuvot Hayyim ve-Shalom 2:110; Teshuvot Yabia Omer 8, EH 8 (19). For reliance upon a minority view, see Teshuvot Ma'sat Binyamin 44, 105; Teshuvot Re'em 36; Beit Shmuel SA EH 17:47; Teshuvot ha-Mabit 188. Cf. Helkat Mehokeik, SA EH 17:31. See further, this writer's Rabbinic Authority , vol. 3, 247–250, 252–256. As Rabbi Yitzhak Bacher teaches us, if every Torah scholar abstains from addressing these issues and declares that he will not enter "a place where there is a mighty flame" due to the stringency of prohibited sexual relationships, this is not the proper approach to adopt. Every Torah scholar, may he be a minor or major scholar, is obligated "to search with candles in the holes and cracks," and maybe he will discover a medicine for the daughters of Yisrael in order to save them from get recalcitrance. 3 Teshuvot Divrei Emet 9. See also, Piskei ha-Rosh Nidah 10:3; Teshuvot Ma'sat Binyamin 44, 109; Teshuvot Maharashdam EH 57. | {
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As Rabbi Avraham Shapiro, former Chief Rabbi of the State of Israel, observes in a case which did not entail get recalcitrance ( igun ): 4 Sefer Minhat Avraham 4:6. | {
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We do not work excessively hard to consider carefully all potential leniencies, but in the case of an agunah , the beit din must work hard to identify a leniency in order that she not remains an agunah. | {
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As Rosh states: 5 Teshuvot ha-Rosh 51:2. | {
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Every teacher is to review all the sides of the issue in order to permit (her to remarry). | {
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Accordingly, we have canvassed the halakhot to void the kiddushin (loosely translated: the marriage) of the above couple and to release her from the chains of igun . | {
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The emerging question from the facts of the case is: at the time the defendant's friend transferred his ring to the defendant, what was his intention? Did he intend to lend his ring for the act of kiddushin or did he intend to gift it on condition that it would be returned after the ceremony? | {
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Let us address both possibilities. | {
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1. The validity of a borrowed wedding ring | {
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The threshold question is whether he asked for the ring in order to marry his prospective wife or requested to borrow it without specifying the reason for borrowing the ring. Clearly, given the circumstances, the reason for borrowing the ring was for the purposes of marrying his prospective wife. | {
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Let's begin with the words of Rabbi Shmuel Kol, a contemporary commentator on Rambam's Mishneh Torah, regarding a borrowed kiddushin ring, who expounds: 6 Har ha-Melekh , 7, Ishut , pp. 424–428. | {
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Many problems emerge regarding kiddushin with a borrowed ring by men who are not Torah observant. They live many years together (as spouses – AYW) and exchange rings between themselves as a sign of trust and mutual agreement to maintain joint lives as a husband and wife. . . . Frequently, after having sired children, they turn to the rabbinate (Israeli rabbinate of the Chief Rabbi – AYW) in order to have a marriage (a halakhic union – AYW) executed. The rabbi who officiates at the marriage asks and clarifies in the following manner: "Is the ring yours? Did you purchase it with your money?" The secular groom, who does not understand the import of these strange questions, responds frequently: "Yes, absolutely." And he thinks, what do they want for me, did I steal the gold ring? . . . He fails to raise in his mind the significance of how the marriage ring reached his possession for a second time via the bride that lent it to him for the purpose of the marriage ceremony. She does not raise in her mind that she has to gift it to him. Rather, she gave him the ring for the ceremony and the rest is in the hands of the rabbinate. | {
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As we will see, this fear of dealing with individuals who are ignorant of Halakhah is factored into consideration by the decisors. 7 However, if the husband requested of his wife to gift him the ring, the kiddushin would be valid. See Teshuvot Hatam Sofer EH 1:86; Teshuvot Rabbi Akiva Eiger, Mahadurah Tinyana 45. Can we speak of a groom halakhically intending to give a borrowed ring to his bride? | {
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Rosh states: 8 Piskei ha-Rosh, Kiddushin 1:20. | {
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If he lent the ring for a specified time and he gave permission to the borrower to lend it to a third party in order to marry her, notified him that the ring is lent for a specified time and it was given to her, she is deemed married due to deriving benefit from its use as well as the adornment until a prescribed time. One must appraise that the benefit from the adornment is worth the value of a perutah . 9 The value of a perutah, which is a type of coin, is 1/1244 of a troy ounce (1/40 gram) of pure silver. See Hazon Ish HM 16:30. She is married even though the actual ring does not belong to her. If he says let me borrow the ring in order to marry her with it, she is married due to the fact that he borrowed it on the assumption that he wanted to marry a woman. . . . We are witnesses that he resolved in his heart to give it to him in language which would be effective regarding the act of kiddushin that will enable her to be married. . . . | {
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According to Rosh's presentation, does the borrower have a right of possession ("a zekhut kinyanit ") in the borrowed ring? As we know "a lease ( sekhiru t) for a day is a sale." 10 Avodah Zarah 15a. In other words, though a leased item is not considered to be owned by the lessee, nevertheless the lessee possesses the asset and the lease is for a set time. 11 MT, Sekhirut 7:1 , She'elah ve-Pikadon 1:5. The right of possession of the lessee manifests itself in the fact that the lessor transferred to him the benefit from the asset rather than the actual ownership of the asset. 12 MT, Mekhirah 23:1; Teshuvot ha-Rashba 1:1028; Teshuvot ha-Rosh 1:6; Hiddushei ha-Ritva, Bava Metzia 103a in the name of Ra'ah ; Yam shel Shlomo, Bava Kama 5:33; Bi'ur ha-Gra HM 315:3; Ketzot ha-Hoshen 311:1. Similarly, Rosh ascribes to this approach that the nature of the lessee's right vis-à-vis the asset is a possessive right. 13 Teshuvot ha-Rosh 1:6. As Rosh writes elsewhere: 14 Piskei ha-Rosh, Bava Kama 5:10. | {
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A lease for a day is a sale and the sale is for his benefit. | {
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If we turn to the nature of borrowing ( she'elah ) in accordance with Rosh's words, the borrower acquires a possessive right in the ring for a prescribed time for a specific use, i.e. the act of kiddushin . Similar to a lease where the lessee does not acquire an ownership right in the asset, analogously the husband does not receive such a right in the ring. However, as noted by Rosh, similar to a leased item, the prospective wife ( mekudeshet ) must derive a benefit from utilizing the ring during the time of the kiddushin . | {
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His ruling is equally clarified in another responsum, 15 Teshuvot ha-Rosh 32:2 and cited by Tur and Shulhan Arukh, with the commentaries on the Shulhan Arukh not citing a dissenting view. 16 Tur EH 29; SA EH 29:19. Other decisors concur that the borrower has a possessive right for use just as the lessee. 17 Teshuvot Terumat ha-Deshen 210; SA HM 341:3; Beit Shmuel, SA EH 28:48; Levush EH 28:19; Teshuvot Hatam Sofer EH 106. For other authorities, see Otzar ha-Poskim EH 28:19, pp. 12–15. | {
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Adopting the posture of Rosh raises a few difficulties. | {
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First, in our present case, regarding the friend of the defendant who is interested in aiding the kiddushin to transpire, we may assume that he intends to transfer ( hakna'ah ) the ring in a halakhically effective fashion. However, in our situation, we have reason to suspect that the lender is not versed with the halakhot of executing a transfer! While he studied in a Yeshiva day school for his elementary school years, afterwards he enrolled and studied in public school and did not gain an advanced Jewish education. | {
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Secondly, as we noted, Rosh teaches us: 18 Piskei ha-Rosh, supra n. 8. However, ex post facto , the transfer to a sub-borrower is valid and consequently the kiddushin are valid. See Terumat ha-Deshen supra n. 17. | {
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If he lent him the ring for a specific time and gave him permission to lend it to a third party to marry a woman, she is deemed married. | {
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Generally, the borrower is proscribed from lending the borrowed item to a third party. In our case, the defendant would be unable to lend his friend's ring to his prospective spouse for the consummation of kiddushin . 19 Terumat ha-Deshen , supra n. 17 in the name of Ma'harikh. However, Rosh argues that if the lender permits the borrower to lend it to a third party, the loan is valid. And in our case, the circumstances demonstrate that the lender (the defendant's friend) authorized the defendant to lend the ring to his prospective wife. As such, the kiddushin ought to be valid. However, Rabbi Ephraim Navon demurs and understands that Rosh contends that the lender can expropriate the lent item from the sub-borrower, and therefore she would not be married. 20 Mahaneh Ephraim, She'elah u-Pikadon 6. In fact, elsewhere, Rabbi Navon's interpretation is found supported in Rosh's ruling. 21 Teshuvot ha-Rosh 35:2. Given that expropriation is valid, therefore the benefit derived from the use of the ring cannot serve as a medium to establish the kiddushin ( kesef kiddushin ). 22 For additional problems with adopting Rosh's posture, see Otzar ha-Poskim, EH 28:19, pp. 13–14. | {
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Furthermore, in our circumstances, the borrower and the lender did not make the plaintiff aware that the ring was borrowed. The reason is that one has to inform her that the borrowing was for a specified time, lest she think that the ring was hers forever, and therefore she agreed to adorn herself with the ring. For otherwise, when she would realize that it wasn't given to her permanently, there would be no kiddushin even though she had derived benefit from the adornment which was valued at least a perutah, as she had no intent for this benefit to serve as the kiddushin . 23 Teshuvot Beit David EH 21. | {
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The following question is posed to Rashba: | {
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Some say that a borrowed ring for the purpose of marrying a woman deems her married . . . And here, where it was borrowed in order to marry a woman, and it was lent for that purpose, she is deemed married, and this is how the Geonim ruled . . . | {
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Rashba replies: 24 Teshuvot ha-Rashba 4:273. | {
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Those Geonim who ruled in this fashion – I never heard about them, and I do not agree with their posture . . . We are dealing with a loan, not a gift or a sale. For neither a sale nor a gift is ever [formulated] in the language of a loan. . . . A person knows that one does not marry with a borrowed utensil, and resolves to give it as a gift . . . Firstly, most people are not proficient in these halakhot . Moreover, most people err in this matter because they do not know the halakhah of kiddushin . | {
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Rashba claims that consummating a kiddushin with a borrowed ring is invalid due to the fact that lender does not intend to transfer the ring to the groom (the mekadesh ), because he is unaware that for the kiddushin to be effective one requires that the ring be transferred. In rabbinic parlance, one requires the knowledge of the lender to transfer it in accordance with the rules of undertaking duties ( da'at makneh ) accompanied by the execution of a symbolic act to undertake a duty (a kinyan ), and the lender is bereft of such knowledge. | {
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One might argue that it suffices if the lender had a general intent to transfer the item to the groom at an unspecified time and without designation of a particular symbolic act. 25 Ketzot ha-Hoshen 275:4; Netivot ha-Mishpat 200:14. However, in our situation, the lender was bereft of such intention. Nonetheless, in pursuance to Shakh and Netivot ha-Mishpat, 26 Shakh, SA HM 358:1; Netivot ha-Mishpat 197:4. if it is clear that he desires that his friend benefit from the monetary item, even if he is unaware of the halakhot regarding a halakhic transfer, then the transfer is valid. As such, in our present case, it is clear that the groom's friend (i.e. the lender) wants his ring to be used in the ceremony and consequently his transfer ought to be effective. 27 Teshuvot Minhat Osher 2:80. As such, Rashba's stance is problematic. | {
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Rashba's line of reasoning stands in variance with Rosh's rationale that the lender and borrower want the halakhic status change from being a single woman to being a married woman (known as the halot condition), and consequently he intends to transfer the item in a halakhically effective manner. | {
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Yet, numerous other decisors subscribe to Rashba's opinion. 28 Teshuvot ha-Rivash 170; Teshuvot ha-Rosh 35:2 in the name of Rabbi Barukh; Teshuvot Tzemah Tzedek EH 98:4 in the name of Rash mi-Shantz; Teshuvot ha-Saba Kadisha 1 EH 13; Teshuvot Yabia Omer 6, EH 6. In fact, Rabbi Avraham Borenstein observes: 29 Teshuvot Avnei Nezer EH 136. | {
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Even though in a case of a borrowed ring by the prospective husband, Shulhan Arukh rules that she is married, in pursuance to Rosh, Rashba in 4:273 disagrees, and the Beit Yosef surely did not see this responsum, because if he did, he would have cited it. Also, Knesset ha-Gedolah . . . who is uncertain whether Rashba agrees with Rosh, and also Maharhash did not see. And if Beit Yosef would have seen it, he would not have ruled like Rosh, and marrying a woman with a borrowed ring creates a doubtful marriage. | {
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In another responsum, Rashba adds: 30 Teshuvot ha-Rashba 6:2. | {
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She becomes married via the benefit derived from her adornment which is worth the value of a perutah . . . . However, if he lent it to her for an extended period of time and stated that the benefit derived from the span of time is worth the value of a perutah, and he said to her explicitly, "be married to me by the benefit derived of the adornment of this ring for an allotted time," she is married, because he did not marry her with the actual ring but with the benefit she derived. | {
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In other words, according to Rashba, the halakhic status change from being a single woman to being a married woman is grounded in the benefit derived from wearing the ring of kiddushin rather than from possessing the ring. | {
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As we pointed out, while there are differences between the views of Rosh and Rashba concerning the validity of utilizing a borrowed ring for the act of kiddushin , nevertheless the common denominator of their postures is that the woman is married due to the use or adornment which is worth the value of a perutah . | {
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The question which emerges from our presentation is whether deriving the benefit of adornment which is valued at a perutah is considered monetary substance equivalent to legal tender (" mamon ") and is therefore a means to execute or undertake an obligation (a kinyan ), or is it something lacking a physical property ( a "davar shein bo mamash" )? | {
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We read in the Talmud that there is a dispute between Ulla and Rabba as to whether a betrothal performed with a priestly tithe on produce ( terumot ) and other tithes (and gifts) which are a benefit is valid. Rabba is of the opinion that the benefit of these rights ( tovat hana'ah ) is not considered to have monetary value and thus it is invalid; whereas Ulla is of the opinion that this benefit is considered to have a monetary value and thus it is valid. 31 Kiddushin 58a. | {
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Decisors were also in disagreement about this matter. Some authorities agreed with Ulla that this benefit is considered to have monetary value 32 Mahaneh Ephraim, Tovat Hana'ah , s.v. venimzah ; Teshuvot Na'ot Ya'akov 4; Teshuvot Maharit 2, HM 93. and the woman is considered married. On the other hand, there were numerous authorities who decided in accordance with Rabba that this benefit has no monetary value and consequently is not a means of acquisition and therefore she is not married. 33 MT, Ishut 5:6 and Magid Mishneh , ad. loc. Mordekhai, Shevuot 766 in the name of Maharam; Ketzot ha-Hoshen 203:1; Teshuvot Beit ha-Levi 3:46; Netivot ha-Mishpat 276:4. | {
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Even if we would ascribe to the view that an accrued benefit has monetary value, in the present case, at the time of the kiddushin the groom (the defendant), refrained from stating to the bride (the plaintiff) that she is being married via the vehicle of derivate benefit of being adorned by the wearing of his friend's ring. 34 Rabbeinu Yeruham, Sefer Meisharim, Netiv 22, 1; ha-Sabba Kadisha , supra n. 28. The utilization of the word of "acquisition" is to be used as denoting a man's decision to undertake an obligation(s) upon marriage rather than viewing his prospective spouse as being acquired as chattel. See further, Minhat Osher, Kiddushin 1, 2, 5; Minhat Osher , Bereshit, Hayei Sarah, 26. See supra chapter 4a, n. 21. | {
"url": "https://www.sefaria.org/Rabbinic_Authority_V,_Part_2;_Rabbinic_Authority;_The_Reality,_Chapter_4;_Case_studies_of_a_wife's_claim_for_voiding_a_marriage_and_levirate_marriage_(\"yibum\"),_c)_The_wedding_ring;_A_borrowed_ring_or_a_gift_on_the_condition_to_return_it?.47",
"ref": "Rabbinic Authority V, Part 2; Rabbinic Authority; The Reality, Chapter 4; Case studies of a wife's claim for voiding a marriage and levirate marriage (\"yibum\"), c) The wedding ring; A borrowed ring or a gift on the condition to return it? 47",
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Accordingly, in pursuance to the view that the benefit of adornment does not constitute a means to acquire a woman via the act of kiddushin where the defendant gave his prospective wife his friend's ring, the marriage is invalid. | {
"url": "https://www.sefaria.org/Rabbinic_Authority_V,_Part_2;_Rabbinic_Authority;_The_Reality,_Chapter_4;_Case_studies_of_a_wife's_claim_for_voiding_a_marriage_and_levirate_marriage_(\"yibum\"),_c)_The_wedding_ring;_A_borrowed_ring_or_a_gift_on_the_condition_to_return_it?.48",
"ref": "Rabbinic Authority V, Part 2; Rabbinic Authority; The Reality, Chapter 4; Case studies of a wife's claim for voiding a marriage and levirate marriage (\"yibum\"), c) The wedding ring; A borrowed ring or a gift on the condition to return it? 48",
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2. A kiddushin ring- a conditional gift | {
"url": "https://www.sefaria.org/Rabbinic_Authority_V,_Part_2;_Rabbinic_Authority;_The_Reality,_Chapter_4;_Case_studies_of_a_wife's_claim_for_voiding_a_marriage_and_levirate_marriage_(\"yibum\"),_c)_The_wedding_ring;_A_borrowed_ring_or_a_gift_on_the_condition_to_return_it?.49",
"ref": "Rabbinic Authority V, Part 2; Rabbinic Authority; The Reality, Chapter 4; Case studies of a wife's claim for voiding a marriage and levirate marriage (\"yibum\"), c) The wedding ring; A borrowed ring or a gift on the condition to return it? 49",
"versionTitle": "Rabbinic Authority: The Vision and the Reality, Urim Publications. Jerusalem, 2013",
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Subsets and Splits