Kiddushin as a Speech Act

January 29th, 2010|Kiddushin and Ketubah, Marriage and Family|

The act of kiddushin, the giving of the ring, is accompanied by a verbal statement – harei at mekudeshet li bi’taba’at zo ki’dat Moshe vi’Yisrael, “behold you are betrothed to me with this ring, according to the laws of Moshe and Israel.” On the face of it, this expression would appear to be nothing more than an expression of intent, and not an actual constituent part of the act of kiddushin. This assumption, however, is challenged by the Gemara (Kiddushin 5b) that states that the bride cannot make this statement, and, if she does, the kiddushin is either definitely or