Kiddushin Daf 12

MONEY; NOT DIRT

Shmuel Daf yomi Kiddushin 12a said: If someone betroths a woman with a date, even if a kur of dates is only worth a dinar, we say that she is betrothed, as a single date might be worth a perutah in (the country of) Media (where dates are not so common).

The Ra”n explains that this is because she can say that to her, the date is worth a perutah.

This explanation is challenged by the Acharonim, for if so, the kiddushin should be valid even if it is not worth a perutah in Media (similar to the incident involving Rav Kahana and the kerchief cited above)?

The Pardes Yosef answers: In order for someone to say, “It is worth a perutah to me,” it has to be regarded as “money,” and not mere earth. It is considered “money” if it valued as a perutah somewhere in the world. If the date is worth a perutah in Media, the woman can say here, “It is worth a perutah to me.”

PERUTAH

Today, the custom, based upon the Ram”a is as follows: Under the chupah, prior to the man giving the ring to the woman, the Rabbi asks the witnesses in the presence of the bride whether, in their opinion, the ring is worth a perutah, the minimum amount necessary for the marriage to be effective. This is done in order that the woman should know that her husband is only marrying her with one perutah of the value of the ring, and the remaining value is a present. It follows, therefore, that if the ring were to be found fake, it should not affect the marriage. As long as the ring was worth a perutah, she cannot claim that she consented to the marriage under an erroneous assumption. Although she thought that her present (the ring) was worth more than it actually did, it cannot affect the marriage.

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Delayed Chupah

Rashi explains the Gemora Kesuvos (43b) according to the one that maintains that an arusah is entitled to a kesuvah, and that she may collect from the properties sold by her husband afterwards since there was a lien on his property. The Rambam, however, disagrees and holds that an arusah is never entitled to collect from the property that her husband sold, even if he wrote for her a kesuvah. This document is inferior to all other documents. Shulchan Aruch (E”H, 55:6) rules like this, as well.

There are many times that a kesuvah is written by day, but the chupah does not occur until past sunset. In order that the document should not be regarded as an “early document (if the date written is earlier than when the event took place),” it is customary for those arranging the marriage (mesader kiddushin) to have the choson make a kinyan before sunset that he is obligating himself to all that is written in the kesuvah from now. In this manner, the kesuvah will be valid.

Rav Elyashiv writes that it is preferable to draw up a new kesuvah with the later date, for according to the Rambam, the woman will not be able to collect from properties sold by the husband since a kesuvah written prior to nisuin is an inferior one.

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