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Is Nisuin Biblical or Rabbinic?



The Next CEO of Stack OverflowHow can the Rambam say that Kiddushin is a Mitzvah, against the Gemara?How can a convert be a Na'arah Me'orasah?Does anyone hold you can make a stipulation on NisuinWhy use “Kiddushin” instead of biblical “Erusin”?Why in the olden days was there such a long break between Kiddushin & Nisuin?












1















In exploring the topic of a convert or orphan who is married as a Na'arah, I stumbled upon a surprising piece in the Beis Shmuel:




...הואיל קידושין דאורייתא הם ונישואין אינם מדאורייתא...



...since Kiddushin is from the Torah, but Nisuin is not from the Torah...




While it's obvious that Kiddushin is from the Torah, I was surprised to see an opinion that Nisuin is not from the Torah, as I had never heard of such a thing before. Indeed, it's the Rambam's opinion that Kiddushin and Nisuin are two parts of the same Biblical mitzvah (as discussed here).




  1. What is the Beis Shmuel's source for this assertion?

  2. Whatever the answer to #1, how does the Rambam address it?






marriage







share|improve this question























  • Is this then two questions?

    – Dr. Shmuel
    2 hours ago











  • @Dr.Shmuel Yes, but it's two heavily related questions.

    – DonielF
    2 hours ago
















1















In exploring the topic of a convert or orphan who is married as a Na'arah, I stumbled upon a surprising piece in the Beis Shmuel:




...הואיל קידושין דאורייתא הם ונישואין אינם מדאורייתא...



...since Kiddushin is from the Torah, but Nisuin is not from the Torah...




While it's obvious that Kiddushin is from the Torah, I was surprised to see an opinion that Nisuin is not from the Torah, as I had never heard of such a thing before. Indeed, it's the Rambam's opinion that Kiddushin and Nisuin are two parts of the same Biblical mitzvah (as discussed here).




  1. What is the Beis Shmuel's source for this assertion?

  2. Whatever the answer to #1, how does the Rambam address it?






marriage







share|improve this question























  • Is this then two questions?

    – Dr. Shmuel
    2 hours ago











  • @Dr.Shmuel Yes, but it's two heavily related questions.

    – DonielF
    2 hours ago














1












1








1








In exploring the topic of a convert or orphan who is married as a Na'arah, I stumbled upon a surprising piece in the Beis Shmuel:




...הואיל קידושין דאורייתא הם ונישואין אינם מדאורייתא...



...since Kiddushin is from the Torah, but Nisuin is not from the Torah...




While it's obvious that Kiddushin is from the Torah, I was surprised to see an opinion that Nisuin is not from the Torah, as I had never heard of such a thing before. Indeed, it's the Rambam's opinion that Kiddushin and Nisuin are two parts of the same Biblical mitzvah (as discussed here).




  1. What is the Beis Shmuel's source for this assertion?

  2. Whatever the answer to #1, how does the Rambam address it?






marriage







share|improve this question














In exploring the topic of a convert or orphan who is married as a Na'arah, I stumbled upon a surprising piece in the Beis Shmuel:




...הואיל קידושין דאורייתא הם ונישואין אינם מדאורייתא...



...since Kiddushin is from the Torah, but Nisuin is not from the Torah...




While it's obvious that Kiddushin is from the Torah, I was surprised to see an opinion that Nisuin is not from the Torah, as I had never heard of such a thing before. Indeed, it's the Rambam's opinion that Kiddushin and Nisuin are two parts of the same Biblical mitzvah (as discussed here).




  1. What is the Beis Shmuel's source for this assertion?

  2. Whatever the answer to #1, how does the Rambam address it?






marriage




marriage






share|improve this question













share|improve this question











share|improve this question




share|improve this question










asked 3 hours ago









DonielFDonielF

16.6k12587




16.6k12587













  • Is this then two questions?

    – Dr. Shmuel
    2 hours ago











  • @Dr.Shmuel Yes, but it's two heavily related questions.

    – DonielF
    2 hours ago



















  • Is this then two questions?

    – Dr. Shmuel
    2 hours ago











  • @Dr.Shmuel Yes, but it's two heavily related questions.

    – DonielF
    2 hours ago

















Is this then two questions?

– Dr. Shmuel
2 hours ago





Is this then two questions?

– Dr. Shmuel
2 hours ago













@Dr.Shmuel Yes, but it's two heavily related questions.

– DonielF
2 hours ago





@Dr.Shmuel Yes, but it's two heavily related questions.

– DonielF
2 hours ago










1 Answer
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The Beis Shmuel does not mean to say that in general nisuin is Rabbinical. He is referring to the Mordechai which the Rema on which he is commenting refers to, which explains that since the father is dead, the nisuin in this case is Rabbinical, while the kiddushin performed before the father died is Biblical. Language of the Mordechai, תקטז:




כי אמרו אפילו ישאנה בעודה קטנה כיון שקידושיה היו קידושין דאורייתא ונשואין דרבנן דליכא אב למימסר לחופה הרי היא כביאת זנות...



[Some Rabbis] said that even if he marries her while she is still a minor, since the kiddushin was Biblical and the nissuin Rabbinical, as there is no father to transfer her to the chuppah, it will be like zenus...







share|improve this answer

































    1 Answer
    1






    active

    oldest

    votes








    1 Answer
    1






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    2














    The Beis Shmuel does not mean to say that in general nisuin is Rabbinical. He is referring to the Mordechai which the Rema on which he is commenting refers to, which explains that since the father is dead, the nisuin in this case is Rabbinical, while the kiddushin performed before the father died is Biblical. Language of the Mordechai, תקטז:




    כי אמרו אפילו ישאנה בעודה קטנה כיון שקידושיה היו קידושין דאורייתא ונשואין דרבנן דליכא אב למימסר לחופה הרי היא כביאת זנות...



    [Some Rabbis] said that even if he marries her while she is still a minor, since the kiddushin was Biblical and the nissuin Rabbinical, as there is no father to transfer her to the chuppah, it will be like zenus...







    share|improve this answer






























      2














      The Beis Shmuel does not mean to say that in general nisuin is Rabbinical. He is referring to the Mordechai which the Rema on which he is commenting refers to, which explains that since the father is dead, the nisuin in this case is Rabbinical, while the kiddushin performed before the father died is Biblical. Language of the Mordechai, תקטז:




      כי אמרו אפילו ישאנה בעודה קטנה כיון שקידושיה היו קידושין דאורייתא ונשואין דרבנן דליכא אב למימסר לחופה הרי היא כביאת זנות...



      [Some Rabbis] said that even if he marries her while she is still a minor, since the kiddushin was Biblical and the nissuin Rabbinical, as there is no father to transfer her to the chuppah, it will be like zenus...







      share|improve this answer




























        2












        2








        2







        The Beis Shmuel does not mean to say that in general nisuin is Rabbinical. He is referring to the Mordechai which the Rema on which he is commenting refers to, which explains that since the father is dead, the nisuin in this case is Rabbinical, while the kiddushin performed before the father died is Biblical. Language of the Mordechai, תקטז:




        כי אמרו אפילו ישאנה בעודה קטנה כיון שקידושיה היו קידושין דאורייתא ונשואין דרבנן דליכא אב למימסר לחופה הרי היא כביאת זנות...



        [Some Rabbis] said that even if he marries her while she is still a minor, since the kiddushin was Biblical and the nissuin Rabbinical, as there is no father to transfer her to the chuppah, it will be like zenus...







        share|improve this answer















        The Beis Shmuel does not mean to say that in general nisuin is Rabbinical. He is referring to the Mordechai which the Rema on which he is commenting refers to, which explains that since the father is dead, the nisuin in this case is Rabbinical, while the kiddushin performed before the father died is Biblical. Language of the Mordechai, תקטז:




        כי אמרו אפילו ישאנה בעודה קטנה כיון שקידושיה היו קידושין דאורייתא ונשואין דרבנן דליכא אב למימסר לחופה הרי היא כביאת זנות...



        [Some Rabbis] said that even if he marries her while she is still a minor, since the kiddushin was Biblical and the nissuin Rabbinical, as there is no father to transfer her to the chuppah, it will be like zenus...








        share|improve this answer














        share|improve this answer



        share|improve this answer








        edited 1 hour ago

























        answered 1 hour ago









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