web analytics
September 23, 2014 / 28 Elul, 5774
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



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.

SocialTwist Tell-a-Friend

Current Top Story
Jihad boy, age 13, poses with assault rifle in ISIS propaganda photo.
ISIS Urges Muslims Worldwide, ‘Kill A Disbeliever’
Latest Judaism Stories
The mothers of the three Israeli boys kidnapped and murdered by Hamas terrorists were at the United Nations on June 23, 2014. Naftali Frenkel's mother addressed the UN Human Rights Council.

A statement issued by the Frenkel, Yifrach and Sha’ar families thanks Israel for ‘justice served.’

Teens-091214-Shofar

Hamas’ tunnels were destroyed as were plans for their unparalleled terror attacks on Rosh Hashana.

Hertzberg-092614

Perhaps the most important leadership lesson Elkana taught us is to never underestimate the difference a single person can make.

Teller-Rabbi-Hanoch-NEW

“he’s my rabbi” the Black painter said with pride, pulling out a photo of the Rebbe from his wallet

The Torah notes that even when we are dispersed God will return us to Him.

Simply, for Rambam the number 14 (2×7) was his favored organizing principle.

One of the cornerstones of our Jewish life is chesed, kindness. Chesed can only be taught by example

Our understanding of what is and what is not possible creates imagined ceilings of opportunity for us.

This young, innocent child gave me a powerful, warm surge of energy and strength.

The Chafetz Chaim answered that there are two forms of teshuvah; teshuvah m’ahava and teshuvah m’yirah.

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

A Role Reversal
‘Return, O Wayward Sons…’
(Chagigah 15a)

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

In Parshas Re’eh the Torah tells us about the bechira to adhere to the commandments of Hashem and refrain from sin. In Parshas Nitzavim, the Torah tells us that we have the choice to repent after we have sinned.

As Moshe is about to die, why does God tell him about how the Israelites will ruin everything?

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

The Chafetz Chaim answered that there are two forms of teshuvah; teshuvah m’ahava and teshuvah m’yirah.

Taste-of-Lomdus-logo

Since it is a Rabbinic prohibition we may follow the more lenient opinion.

They ask, how can Rabbeinu Gershom forbid marrying more than one wife, when the Torah explicitly permits it in this parshah?

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Tosafos there takes issue with Rashi’s view that the letters that are formed in the knots of the tefillin are considered part of the name of Hashem.

The Rambam says that in order to honor Shabbos, one must wash his hands, face, and feet with warm water on Friday.

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: