Shulchan Arukh Even HaEzer · Siman 34

Shulchan Arukh Even HaEzer 34 — English translation

Translation: Hilchot Kidushin, trans. by Steven H. Garten. HUC, 1975. Section numbers match the Hebrew text above.

1. 1The Blessings of the Betrothal and if it Requires Ten • 4 paragraphs All who betroth a woman whether in person or through an agent recites a blessing (he or his agent) (Tur) [and there are those who say that another (R. Moses of Coucy and an anonymous commentator on the Mishnah) should recite a blessing and so it is customary] : “who sanctified us by his commandments and commanded us concerning Arayot for which the punishment was death, the form depending upon the kind of incest. There is no literal translation of Arayot . It may be defined as any sexual act which is not considered moral and therefore is forbidden. There are certain relationships which have been prohibited either by Biblical or Rabbinic injunctions. They are: BIBLICAL PROHIBITIONS | TALMUDIC EXTENSIONS A. CONSANGUINITY a. In the Ascending Line 1. Mother | Grandmother (paternal as well as maternal). b. In the Descending Line 2. Daughter (implied in granddaughter). 3. Granddaughter (son’s or daughter’s daughter). | Son’s or daughter’s granddaughter. c. Collateral Consanguinity 4. Sister and half-sister (either born in wedlock or not). 5. Father’s sister. | Grandfather’s sister. 6. Mother’s sister. | Grandmother’s sister. B. AFFINITY a. Through One’s Own Marriage 7. Wife’s mother. Wife’s Grandmother. | Wife’s stepmother not strictly prohibited, but objectionable. 8. Wife’s daughter (stepdaughter). 9. Wife’s granddaughter. 10. Wife’s sister (during the life time of the divorced wife). b. Through Marriage of Near Blood Relation 11. Father’s wife (stepmother). | Father’s or mother’s stepmother. 12. Father’s brother’s wife. | Mother’s brother’s wife; father’s uterine brother’s wife. 13. Son’s wife. | Grandson’s or great grandson’s wife. 14. Brother’s wife (except in the case of levirate). and prohibited to us relations with betrothed women, permitted to us women married under the Ḥuppah -- the term originally referred to the bridal canopy or bridal chamber and sometimes the wedding itself. In ancient times the Ḥuppah was the tent or room of the groom into which, at the end of the betrothal period, the bride was brought for the consummation of the marriage. In later times it became simply a canopy which was erected out of four sticks and a piece of cloth. There is still debate as to the legal consequences of a Ḥuppah . One view is that the Ḥuppah represents the groom’s home and this fulfills the need for the bride to be brought to the groom’s home for Nissuin . Another view is that the Ḥuppah embraces a private meeting for the consummation of the marriage proper. Today we use the Ḥuppah in the ceremony and have the marriage consummated at a later time. and by the betrothal ceremony: “Blessed are you Lord who blesses Israel.” [There are those who say the text of the blessing in different words by saying “and permitted to us marriage by means of Ḥuppah and Kidushin ” (Tur) and concludes it with “Blessed are Thou who sanctifies his people Israel through Ḥuppah and Kidushin ” (Thus wrote R. Asher Ben Yechiel) and thus it is customary in these lands] and after he finishes the blessing he shall betroth her.
2. 2It is customary to arrange this blessing over a cup of wine and bless upon it first and afterwards make this blessing, and if there is no wine or any intoxicating drink, he blesses it. by itself.
3. 3If the man did not make the blessing of betrothal at the time of the betrothal he should not say it. at the time of the marriage ceremony. [Note: There are those who say that one makes this blessing at the time of the marriage (Mordechai, Chapter 1, Ketubot ), and thus it is customary (even if he had long since betrothed the woman) he should pronounce the blessing of betrothal under the Ḥuppah . And there are those who say that he should again betroth her under the Ḥuppah , in order that the betrothal should take place near the time of the blessing (R. Isaac Ben Sheshet #82; see below #36) and if the blessing of betrothal had already been pronounced at the time of the first betrothal there are those who say that one repeats the blessing under the Ḥuppah without mentioning the name of God because of the onlookers ( Ibid ., “concerning the matter of betrothal through an agent” and so it appears to me correct.)]
4. 4The blessing of betrothal requires ten to exist â priori.

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