web analytics
April 17, 2014 / 17 Nisan, 5774
At a Glance
Judaism
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



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

Share Button

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.

Based on this, according to Rashi and Tosafos, we can understand why their admission to their kiddushin did not prohibit them from any of their relatives. Since they did not have any relatives, they were not prohibiting anyone from marrying them. Thus, according to all opinions, the kiddushin was valid.

Share Button

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.

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

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Arab rioters hurl objects at Israeli security personnel who use pepper spray to quell the violence emanating from the Al Aqsa mosque on the Temple Mount.
Arab Violence Closes Temple Mount to Visitors Again
Latest Judaism Stories

The following is President Obama’s statement on Passover (April 14, 2014). As he has in the past, the President held an official Passover Seder at the White House. Michelle and I send our warmest greetings to all those celebrating Passover in the United States, in Israel, and around the world. On Tuesday, just as we […]

Rebbetzin Esther Jungreis

The tendency to rely on human beings rather than G-d has been our curse throughout the centuries.

Haggadah used at the Passover Seder

“Who is wise? One who learns from each person” (Pirkei Avot 4:1)

Rabbi Sacks

In Judaism, to be without questions is a sign not of faith, but of lack of depth.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

Rashi is bothered by the expression Hashem used: “the Jews need only travel.”

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Two husbands were there to instruct us in Texas hold ‘em – and we needed them.

Question: Why do we start counting sefirat ha’omer in chutz la’aretz on the second night of Pesach when the omer in the times of the Beit Hamikdash was cut on Chol HaMoed?

M. Goldman
(Via E-Mail)

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

She was followed by the shadows of the Six Million, by the ever so subtle awareness of their vanished presence.

Marror is the reliving of the bitter enslavement and matzah is the under-eighteen-minutes redemption.

Rabbi David Bar-Hayim argues it is time for Ashkenazim to abandon the prohibition against Kitnyot. What do you think?

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

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

Taste-of-Lomdus-logo

One difference between Bnei Yisrael and Bnei Noach is that shiurim only apply to Bnei Yisrael.

The Gemara, in Kiddushin 57b, searches for a source to confirm that the bird that is to be set free is permitted to be eaten after the process is concluded.

The Gemara (Niddah 31b) states that Rabbi Shimon bar Yochai was asked why a woman who gives birth must bring a korban.

The Ritvah understands that the kosher signs are not just “signs” indicating that a fish is kosher; rather, they are what actually render the fish kosher. This may also be applied to the kosher signs of an animal, but the Ritvah does not indicate this.

If a korban chatas cannot be brought as a nedavah, how can one read the parshah of the korban chatas if he is not certain that he is obligated to bring one?

Following the Minchah (afternoon) service, led by the Vyelipoler Rebbe, Rabbi Yosef Frankel, rally participants recited several passages of Tehillim.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

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: