Thursday, October 18, 2007

does the chosson need to own the chuppah or yichud room? - kesubos 48

Some mesadrei kiddushin have the practice of having the chassan do a kinyan on the yichud room and chuppah, the theory being that the kallah enters the state of marriage by coming into a reshus owned by the chassan (in R’ Cinamon's new sefer BeYom Chasunaso he quotes this as being the minhag of R’ Chait). R’ Hershel Shachter (Bais Yityzchak vol 20 “B’Inyanei Nisuin”) brings a convincing proof from tomorrow’s daf (Kesubos 48) that this is unnecessary. The gemara resolves a contradiction in braysos by concluding that even if the chassan and kallah enter the kallah’s private chatzeir they are married, provided that they have explicit intent for nesuin; if the chassan's chatzeir is used we assume such intent exists b'stama even if not explicitly declared.


  1. It;s based on the rambam, no? i think r ilson is makpid on this, as well as R Sacks

  2. Which Rambam?

    General comment not specifically related to this: I find it funny that you can defend something that goes against pashtus hagemara by citing a Rambam. Now you have a difficult Rambam to defend as well as the minhag - I'm not sure if that makes things better or worse.