Daily Mitzvah (Rambam)

The 213th mitzvah is that we are commanded to acquire [by kiddushin1] a woman before2 marrying her [n'suin]: either by giving her something3 [of sufficient value]; by giving her a document [of marriage]; or by having marital relations [for the purpose of kiddushin]. This is the mitzvah of kiddushin.

This mitzvah is hinted to in the Torah in the verse,4 "When a man acquires a woman and has relations with her...." This implies that he can acquire her through having relations.

[That a document may be used is alluded to in the verse5 which states that after receiving a writ of divorce,] "She leaves...and may marry another man." [Since the divorce and the marriage are described together, they can be compared:] just as she leaves by means of a document, so too she may marry by means of a document.

So too, the use of money may be derived from the verse6 regarding a Jewish maidservant,7 [that upon reaching puberty, she goes free,] "without money." Our Sages explain,8 "There is no money received by this master, but another master does receive money. Who is this? The girl's father [who receives money when his daughter gets married]."9

However, only kiddushin by means of relations has the validity of a law m'dioraysa,10 as explained in many places in Kesuvos,11 Kiddushin,12 and Niddah.13 All the details of this law have been thoroughly explained in the designated tractate, i.e., Kiddushin.

Our Sages stated explicitly14 that kiddushin by means of relations is a Torah law. This statement proves that kiddushin counts as a law of the Torah.

Footnotes

1.

In Jewish law, there are two steps to a marriage, kiddushin and n'suin. After the first step, they are considered husband and wife, but they may not yet live together as such until after n'suin. During Talmudic times there was a twelve-month period between the two stages, but today they are performed together.

2.

See Chinuch, mitzvah 539; Yad Halevi P213:1 (that this is also the Rambam's intention here); Kesef Mishneh, Hilchos Ishus, Ch. 1, end of Halachah 2 (as to the Rambam's description of this mitzvah as n'suin). According to Kapach, 5731, this phrase could be translated, "acquire a woman in order to live as husband and wife" (kinyan shel ishus).

3.

This could be money or an object.

4.

Deut. 24:1.

5.

Deut. 24:2.

6.

Ex. 21:11.

7.

See P233.

8.

Kiddushin 4a.

9.

The Talmud compares the two parties who, at different times, could have control over the girl: her father, and her master, who has purchased her as a servant. The master, as the verse relates, need not receive money in order for her to be released from his control. Upon reaching puberty, she automatically goes free.

However, since only the case of the master is described in the verse, the Talmud derives that in the other case (the father), he does receive money when she is released from his control (i.e., through kiddushin). We therefore see that marriage can be effected by means of giving money.

10.

According to many, the Rambam later changed his mind. See Haga'os Haramach, Kesef Mishneh, and other commentaries to Hilchos Ishus, beg. of Ch.1. Sefer Nashim, Kapach edition, 5747, note 5 (p.13). Sefer Hamitzvos, Kapach, 5731, P213, footnote 17.

11.

3a.

12.

Ch. 1, Mishneh 1.

13.

Ch. 5, Mishneh 4.

14.

Kiddushin 9b.