Shulchan Arukh Even HaEzer · Siman 61

Shulchan Arukh Even HaEzer 61 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1Once a man enters the chuppah with his fiancee, even though he has not been with her, she is his wife in all regards. And he evaluates the main value of the ketubah [the marriage contract] and the extra [value] in case she is widowed or divorced. What case are we talking about? When she is able to have relations. But if while was in niddah , [ritually impure], she entered the chuppah , and he secluded himself with her, she is not his wife, rather in all matters she is like a fiancee, since she was in niddah . There are those who say that specifically regarding whether she can collect the additional value [of the ketubah ], then she is still a fiancee. But for everything else, she is still considered married. Rem"a: see earlier, the beginning of siman 55, what is called a chuppah , and they need to write a ketubah before the chuppah , so that she is fit for marital relations (Rambam Perek 10, Ishut). And one opinion says that a chuppah where she is a niddah is still a chuppah even though she is not fitting for marital relations. This is the same law if he [the husband] did not write the ketubah . Nevertheless, initially, it should be written beforehand. A woman who is sick with a deathly illness, even though she entered with the bed under the chuppah so that her husband would inherit her, it is not considered a chuppah since she is not fitting for relations, so her husband does not inherit her (Responsa of the R"SH, rule 54). She entered the chuppah and he did not make the bridegroom blessing, it is a complete chuppah sine blessings do not prevent and he can eventually make the blessing (Tur Siman 62). Initially, he should bless her before he secludes himself with her (this is implicit in the R"SH's responsa). See earlier siman 55.Nowadays, we customarily recite the blessing under the chuppah before he secludes himself with her. It is customary that the bride and the groom fast the day of the chuppah (see Orach Chaim siman 573). If he mistakenly engaged her, and he had the marriage ceremony with her, and afterwards it was found out that the engagement was a mistake, even though he returned and engaged her, he does not need to make a second sheva brachot , it is enough with the first blessings. There are those who say to make a chuppah under the sky as a good sign that their children will be like the stars of the heaven.
2. 2It is proper not to marry with nisuin (chupa, the completion of the marriage ceremony) until the women is ritually purified [from menstruant status). Note: Nowadays the custom is not to check, and we do not wait until purification. Nevertheless it is appropriate to notify the groom that she is nidda (menstrually impure; Mordechai chapter Af Al Pi, in the name of R"I).

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