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"Harei At"

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  1. stuck
    Member

    If someone suddenly puts a ring on a girl and says Harei At, are they married?

    What if a boy and girl are playing and he does that?

    Posted 7 months ago #
  2. yitayningwut
    Bruno Michel Iksil

    If there are two kosher eidim, then yes. If it is clear from the situation that it they don't mean it, that might be a heter. I am not in the inyan.

    Posted 7 months ago #
  3. stuck
    Member

    What is he meant it, but she didn't? (i.e. he ambushed her in front of two eidem.)

    Posted 7 months ago #
  4. Sam2
    Member

    She has to have Da'as. If it's sudden then we might be able to assume that she didn't.

    Posted 7 months ago #
  5. yitayningwut
    Bruno Michel Iksil

    A woman cannot be forced into a kiddushin. If she appeared to consent, you have a problem.

    Posted 7 months ago #
  6. A Sheep without a Spleen
    Member

    What "stuck" really means to say is-
    This is the thread where everyone writes about the story they once heard about some guy who did something he thought was funny and then later realized it wasn't as funny as he thought it was originally and then they went to some rabbi and he gave some psak, but the poster cant quite accurately remember what said psak was and so he writes his own psak as fact and the story is very funny and probably not true, but it could have been true if it was.

    Posted 7 months ago #
  7. Obaminator
    Member

    The famous story is of a boy and girl playing and him putting a ring on her and saying harei at. Whatever the veracity of the story is, from what I remember the conclusion being that he had to give a safek gitten in case the marriage was effective. It would seem she would then be precluded from marrying a Kohen in the future.

    Posted 6 months ago #
  8. real-brisker
    Now that's Brisk, Baby!

    stuck - Joseph?

    Posted 6 months ago #
  9. bein_hasdorim
    Member

    stuck how old is the boy?

    Posted 6 months ago #
  10. gezuntheit
    Member

    How does age impact the issue?

    Posted 6 months ago #
  11. nitpicker
    Member

    what do you mean, "A famous story".
    Many such stories have happend and each requires
    being dealt with by competent rabbonnim.
    it is unfortunate that young people (boys and girls)
    sometimes regard doing this as a great joke.

    the proper response of the girl should be to immediately
    remove and return or drop the ring; and/or she should immediately
    say, "no I am not!". or something to that effect.

    Posted 6 months ago #
  12. kapusta
    CR Queen - “Best of luck. Avoid roasted cabbage, don’t eat earwax, and look on the bright side of life!”

    stuck - Joseph?

    At least one more (and maybe more) on this thread.

    *kapusta*

    Posted 6 months ago #
  13. mommamia22
    Member

    How old do the children and the aidim have to be to be considered "kosher"? What if it's clear that it's just "pretend" play to all?

    Posted 6 months ago #
  14. yitayningwut
    Bruno Michel Iksil

    Bar/bas mitzvah. If it's clear that it's not real there may be a heter, I'm not sure. If we're talking really after the fact - like the girl grew up, got married, had a kid, and realized "yoish my kid might be a mamzer" - I am sure a rav would use this angle to say there is no problem whatsoever, but I don't know the sugya well enough to be more specific.

    Posted 6 months ago #
  15. deiyezooger
    Say my name 6 times fast. cmon. TRY IT

    There are many teshuvos including some in Igros Moshe discussing such stories. Of course it depends in many things like if it apears she agreed, if there was 2 kosher eidim (shomrei torah imitzvos)etc.

    Posted 6 months ago #
  16. Dr. Seuss
    Member

    A child under Bar/Bas Mitzvah cannot halachicly get married?

    Posted 6 months ago #
  17. 2qwerty
    Member

    Few people mentioned about eidim but i don't think they are necessary at all.

    Posted 6 months ago #
  18. real-brisker
    Now that's Brisk, Baby!

    kapusta - Not hard to spot him, no?

    Posted 6 months ago #
  19. blabla
    Member

    I heard of a few creepy stories of boys saying that and it WAS a problem. Just ask your LOR if anything does happen!

    Posted 6 months ago #
  20. Nechomah
    Member

    I heard about a carnival where someone set up a "wedding booth" and kids ran this scenario. I believe it accurate when I say that gitten had to be given, at least al safek. Kids have to realize the seriousness when they say this.

    Posted 6 months ago #
  21. Dr. Seuss
    Member

    2qwerty: So they are married even if there are no eidim?

    Posted 6 months ago #
  22. Sam2
    Member

    2qwerty: Of course you need Eidim. Kiddushin isn't Chal unless there are two Kasher Eidim.

    It's Mefurash in the Shulchan Aruch that a child under Bar Mitzvah cannot be Mekadesh a woman.

    Posted 6 months ago #
  23. yungerman1
    Member

    nitpicker- The "famous story" is probably the one that is in Igros Moshe.

    Dr. Seuss- A girl under bat mitzvah can be married off by her father min haTorah and by her mother/brother mDirabannan.

    2qwerty- As far as I know there is no kiddushin without eidim. (other than possibly a shtar written in his handwriting that she has in her possession)

    mommamia22- That is part of the question. Generally we say "D'varim Shebilev Lo Havi Devarim" loosely translated as intent which contradicts the actions that we see are not taken into consideration.

    Posted 6 months ago #
  24. BTGuy
    Member

    Well, that's one way to get married, I guess.

    Posted 6 months ago #
  25. oot for life
    Member

    i girl i once dated told me her rabbonim had told her not to accept shalach manos from any boys as it could create a problem of sufek kiddushin.

    I had never heard of such a thing so I went and gave her a nice big basket anyway... we got married a few months later

    Posted 6 months ago #
  26. gezuntheit
    Member

    yungerman1: So I can marry off my 11 year old sister?

    Posted 6 months ago #
  27. Sam2
    Member

    OOT: It's brought down in some Poskim that the reason boys don't send Shalach Manos to girls is because there is a Chashash Kiddushin. That might still apply in many communities today but there are also plenty of places where it would be normal for boys to send girls gifts and therefore there is no Chashash Kiddushin.

    Her Rabbonim could have told her to explicitly state before taking any of the Shalach Manos that she is not accepting Kiddushin by taking these. That would also work.

    Posted 6 months ago #
  28. gezuntheit
    Member

    Sam: Uh, in which communities is it "normal for boys to send girls gifts"?

    Posted 6 months ago #
  29. Sam2
    Member

    Plenty of out-of-town places as well as in a lot of places when people are dating it's normal, even though you know you're not being Mekadesh or even getting engaged yet.

    Posted 6 months ago #
  30. gezuntheit
    Member

    You learn something new everyday.

    Posted 6 months ago #
  31. nitpicker
    Member

    There is at least one in igros moshe that required a get
    and at least one that did not.

    Posted 6 months ago #
  32. Dr. Seuss
    Member

    That's like saying there was at least one kashrus shaila in the IM that was determined kosher and there was at least one kashrus shaila in the IM that was determined non-kosher.

    Posted 6 months ago #
  33. nitpicker
    Member

    To Dr. Seuss:
    Yes indeed, that was the point.

    As I wrote in earlier post, such a situation requires the attention of competent rabbonnim, not to be trifled with by
    coffee addicts.

    Posted 6 months ago #
  34. oomis1105
    Member

    I personally know someone to whom this happened, and it was a very sticky wicket until the rabbanim decided she did not need a GET. It ALMOST came to it, though, because there were lots of eidim, and they were going out together for a while, when he said it playfully and she did not object.

    Posted 6 months ago #
  35. shein
    Nice As Can Be

    Coffee addicts can't have a halachic discussion?

    Posted 6 months ago #
  36. nitpicker
    Member

    to shein: it depends what you mean. most rabbonnim wouldnt touch a question like this and would refer it to someone of gadol or near gadol status.

    I can't think why, all they need do is post and wait for an answer. (sneer)

    This public discussion is dangerous and can lead to being machshil people.
    mods, what do you think?
    This is my last word on this topic

    Posted 6 months ago #
  37. shein
    Nice As Can Be

    So any halachic discussion should be verboten by that logic, since someone might act upon it. So should forums ban all halachic discussion, in your opinion?

    Posted 6 months ago #

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