web analytics
September 2, 2015 / 18 Elul, 5775
At a Glance
Judaism
Sponsored Post


Home » Judaism » Parsha »

Who Were Yosef’s Eidei Kiddushin?

According to many, bnei Yisrael, prior to mattan Torah, had to undergo a gerus process.

Parsha-Perspectives-logo

Note to readers: This column is dedicated to the refuah sheleimah of Shlomo Eliezer ben Chaya Sarah Elka.

In this week’s parshah Yosef brings his two sons to his father Yaakov to receive blessings before his death. Rashi tells us that when Yaakov was about to bless Yosef’s sons the shechinah left him as a result of some of Yosef’s sons’ evil descendants. Yaakov then asked Yosef, “Who are these?” Rashi interprets this question to mean the following: from where did they come from that they are not worthy to receive blessings? Yosef’s answer: they are my children that Hashem gave me “bazeh – in this.” Rashi explains that Yosef showed Yaakov the shetar kiddushin and kesubah. Rashi elucidates that Yaakov’s question was based on the assumption that they were not born from kedushah – to which Yosef showed him that he married Asnas and had a proper kiddushin and nissu’in.

Many Acharonim discuss how Yosef’s kiddushin was valid, when the Gemara in Kiddushin (65b) clearly states, “ein davar shebe’ervah pachos mishtayim – any matter relating to ervah must have two [kosher] witnesses in order to be valid.”

The sefer, Yitziv Pisgam, authored by the Klausenburger Rebbe, suggests that perhaps Yosef did kiddushin via hoda’as ba’al din (admitting that they married). He suggests that this is the meaning of the word “bazeh” that Yosef used, for the Torah source that one’s admission is acceptable as testimony is from the pasuk in Parshas Mishpatim: “ki hu zeh.” Therefore Yosef’s answer to his father that he performed kiddushin using hoda’as ba’al din is derived from the word “zeh.”

However, the Gemara in Kiddushin 65b discusses whether hoda’as ba’al din would suffice for kiddushin. Regarding monetary matters, if one admits that he owes money his testimony outweighs the testimony of even 100 actual witnesses. But whenever his admission affects others, he is not believed. The Gemara says that regarding kiddushin one’s admission affects others – and is therefore not believed.

The Rishonim disagree as to whom the admission affects. Rashi (Kiddushin 65b) and Tosafos (Gittin 4a) say that it affects the relatives of the man and woman, with the relatives now forbidden to the new couple. The Rashba writes that it affects all the men in the world who cannot marry her since she is a married woman. However, according to both explanations, hoda’as ba’al din would not have been applicable to Yosef. So how was his kiddushin valid?

I want to suggest that prior to mattan Torah this halacha would have been different. The Rambam writes in Hilchos Ishus 1:1 that before mattan Torah, if a man and a woman would agree to marry and wanted to live together they would simply live together. The act of living together was a union that rendered a woman as married, forbidding her to be with anyone else. Many believe that bnei Yisrael, prior to mattan Torah, only had a status of Yisrael l’chumrah. Since Yosef and Asnas could have simply lived together, thereby rendering her as forbidden to the entire world (as bnei Noach), there was no problem that their hoda’ah would deem her forbidden – since they could have forbade her without kiddushin.

This suggestion only fits according to the Rashba, who explained that the people affected by hoda’as ba’al din of kiddushin are all the men in the world who the woman becomes forbidden to as a result of their admission. Since they have the ability to forbid her without their admission, they can also do so by admitting that they are married. However, according to Rashi and Tosafos, the relatives of the man and woman would not become forbidden to them if they would simply live together. So we still need to explain how, in their views, the kiddushin was valid.

Perhaps I can suggest another solution to answer the question in accordance with Rashi and Tosafos’s view. According to many, bnei Yisrael, prior to mattan Torah, had the status of bnei Yisrael. But they had to undergo a gerus process in order to achieve that status. The Maharal (Gur Aryeh, Parshas Vayigash 46:10) says that even though they were born to a mother who had already performed the gerus process, the offspring would have to convert as well. A ger is considered as not related to his biological relatives. The Maharal explains that this is how Shimon was allowed to marry Dina, his sister from his mother and father – as they were not related (they were gerim). It also explains how Yaakov married two sisters.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Who Were Yosef’s Eidei Kiddushin?”

Comments are closed.

Current Top Story
Jewish blood libel cartoon posted on Facebook sometime in 2014 by an UNRWA teacher in Jordan.
UNRWA Teacher in Jordan Promotes Hatred of Jews on Facebook
Latest Judaism Stories
Rabbi Lord Jonathan Sacks

Happiness is not the central value of the Torah. Occurring ten times more is the word “simcha,” JOY

Torat-Hakehillah-logo-NEW

The common translation of the opening words of this week’s parsha, Ki Seitzei, is: “When you go out to war against your enemy.” Actually the text reads “al oyvecha” upon your enemy. The Torah is saying that when Israel goes out to war, they will be over and above their enemy. The reason why Bnei […]

Rabbi Avi Weiss

The love between Gd & Israel is deeper than marriage; beyond the infinite love of parent for child

Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?

Zvi Kirschner
(Via E-Mail)

Since giving the machatzis hashekel will not change his financial situation, he is obligated to do so even though it is more than a fifth of his income.

Today, few people fast during the Days of Selichot, but the custom is to rise early to recite Selichot.

Each month is associated with a particular tribe. The month of Elul is matched up with Gad. What makes Gad unique?

Sanctions and indictment of the Jew, holding him to a higher standard, is as common and misplaced as ever.

To allow for free will, there are times when Hashem will allow a person the “opportunity to be the messenger.”

“There is a mitzvah to pay the worker on that day,” answered Mr. Lerner.

Be happy. Be grateful. God knows what he is doing. It is all happening for a reason.

We get so busy living our lives, handling our day-to-day little crises that we forget to go that one step deeper and appreciate our lives.

The promise for long life only comes from 2 commandments; What’s the connection between them?

Mighty Amalek deliberately attacked enemy’s weakest members, despicable even by ancient standards

If we parents fail to honor responsibilities then society’s children will pay the price for our sins

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

Since giving the machatzis hashekel will not change his financial situation, he is obligated to do so even though it is more than a fifth of his income.

Taste-of-Lomdus-logo

We can suggest that since Hashem Himself appointed Dovid there is no question. The rules are only in place for when we must chose a king ourselves.

Perhaps a careful reading of the pesukim in the parsha will shed light on this dilemma.

The second parshah of Shema is referring to keeping the rest of the mitzvos, and there the Torah does not require that one spend all of his money in order to perform the mitzvos.

Why would Moshe Rabbeinu have thought that the vow that disallowed him to enter Eretz Yisrael was annulled simply because he was allowed to conquer and enter the land of Sichon and Og?

In addition to the restrictions of Tisha B’Av, there are several restrictions that one may not perform during the week that Tisha B’Av falls in.

We do not find that Pinchas was chastised for what he did; on the contrary he was greatly rewarded.

The Shulchan Aruch in the very first siman states that one should rise in the morning like a lion, implying that simply rising form bed requires strength of a lion, in line with the Midrash.

Printed from: http://www.jewishpress.com/judaism/parsha/who-were-yosefs-eidei-kiddushin/2012/12/26/

Scan this QR code to visit this page online: