📖 Daily Rambam (1 Chapter) Hilchot Chapter 9 – Uncertain Kiddushin, Agency, Claims, and Public Reputation

Overview

Chapter 9 deals primarily with situations of uncertainty. Unlike earlier chapters that focused on how Kiddushin is created, this chapter addresses cases where we do not know:

• Which woman was betrothed
• Which man is the husband
• Whether an agent completed his mission
• Whether a public report of Kiddushin is true
• Whether conflicting claims should be believed

The chapter is built around one major principle:

When Kiddushin may have taken effect and we cannot identify exactly how, Halachah often treats the situation as doubtful and requires a get to remove the uncertainty.

 

1. Simultaneous Kiddushin of Relatives

Two Women Who Cannot Both Be Married

If a man attempts to betroth simultaneously:

• Two sisters
• A woman and her daughter
• Any pair related by ervah

neither is betrothed.

The Kiddushin fail completely because the act cannot legally identify a permissible recipient.

Many Women Together

If several women are included in one Kiddushin and among them are:

• Two sisters
• Mother and daughter

and he says:

“All of you are betrothed to me”

none become betrothed.

However, if he says:

“Whoever is fit for marriage to me is betrothed”

then all eligible women become betrothed, while the prohibited relatives are excluded.

 

2. “One of You Is Betrothed”

A man says to two sisters:

“One of you is betrothed to me.”

Or he says to a father:

“One of your daughters is betrothed to me.”

The Kiddushin take hold somewhere, but we cannot identify where.

Result:

• Every possible candidate needs a get.
• He may not marry any of them.

This is a classic case of safek Kiddushin.

 

3. Conflicting Actions by Agents

A man appoints an agent to marry a particular woman.

Before learning what happened, he personally marries:

• Her mother
• Her daughter
• Her sister

and we do not know who married first.

Both women require a get.

The uncertainty creates prohibitions for all involved.

 

4. Presumption that an Agent Fulfilled His Mission

One of the Rambam’s most important principles:

“Chazakat shaliach oseh shlichuto”

An agent is presumed to have completed his assignment.

If a man appoints an agent to find him a wife and the agent dies before reporting back:

We assume he fulfilled his mission.

Since no one knows who the woman was, the man becomes restricted from marrying many women because perhaps they are relatives of the unknown fiancée.

 

5. Extreme Cases of Doubt

A remarkable example:

Five sons appoint their father as agent.

Another father has five daughters.

The father says:

“One of your daughters is betrothed to one of my sons.”

No one knows who was paired with whom.

Result:

• Every daughter requires gittin from every son.
• If one son dies, yibbum/chalitzah complications arise.

This demonstrates how uncertainty alone can generate extensive legal consequences.

 

6. Ambiguous References to Daughters

A father says:

“I betrothed my oldest daughter.”

When he has multiple groups of daughters, Rambam interprets the statement strictly:

“Oldest daughter” means:

The oldest of all daughters.

Similarly:

“Youngest daughter” means:

The youngest of all daughters.

Only that one is affected.

 

7. A Father’s Credibility

Before a daughter reaches adulthood, the Torah grants the father special authority.

Therefore the father may say:

“My daughter is betrothed.”

His statement is believed.

The daughter becomes forbidden to everyone else.

 

Forgotten Identity of the Groom

The father says:

“I married off my daughter, but I do not remember to whom.”

The daughter becomes prohibited to all men.

Later, if he remembers:

“It was this man.”

His identification is accepted.

 

8. Men Claiming to Be the Groom

If one man says:

“I am the groom.”

He is believed.

He may marry her.

If two men each claim to be the groom:

Both give a get.

Alternatively:

• One gives a get.
• The other marries her.

Once she has already married one claimant, later claimants are ignored.

 

9. Woman Claims She Was Betrothed

If a woman says:

“I was betrothed, but I do not know to whom.”

Then a man appears claiming:

“I am the groom.”

He is believed only enough to give a get.

He is not believed enough to marry her.

Chazal feared possible manipulation.

 

10. Conflicting Claims Between Man and Woman

He says: “I betrothed you.”

She says:

“No you did not.”

Then:

• He is forbidden to her relatives.
• She remains permitted to his.

Because he has bound himself by his own statement.

She says: “You betrothed me.”

He denies it.

Then:

• She becomes forbidden to his relatives.
• He remains permitted to hers.

Again, each side is bound by its own admission.

 

11. Witnesses Are Always Required

All these disputes assume the claimant asserts:

“There were witnesses, but they are unavailable.”

Without witnesses:

There is no Kiddushin at all.

This reiterates a fundamental rule from Chapter 4.

 

12. An Agent Who Secretly Marries the Woman Himself

A person appoints an agent:

“Go marry this woman for me.”

Instead, the agent marries her himself.

Legally:

She is married to the agent.

Morally:

The agent is called a wicked person.

The transaction works, but his conduct is condemned.

 

13. Cancellation of Agency

If either side revokes the agency before completion, and it is unknown whether the revocation occurred before the Kiddushin:

The Kiddushin are doubtful.

Therefore:

Safek Kiddushin.

A get is required.

 

14. “I Married One of Five Women”

A man knows he betrothed one of five women, but cannot remember which.

Each woman claims:

“It was me.”

He must:

• Give a get to each woman.
• Avoid all their relatives.

Regarding the ketubah, only one ketubah is actually owed, though special penalties may apply in certain cases.

 

15. The Laws of “Kol” (Public Reputation)

The final section discusses kol, a public report or reputation.

If a strong public rumor develops that:

“This woman became betrothed.”

Halachah may treat her as potentially betrothed even without direct testimony.

Examples include:

• Celebration preparations observed
• Engagement festivities
• Widely reported information tracing back to witnesses

 

What Is Not a Reliable Kol?

A report that merely says:

“She is going to become betrothed.”

is ignored.

Only a report that the event already occurred has significance.

 

16. Amatla – An Explanation That Weakens the Rumor

Suppose a rumor spreads:

“She became betrothed.”

But simultaneously people explain:

• The Kiddushin were conditional.
• The Kiddushin were doubtful.
• Something invalidated them.

This explanation is called an amatla.

An amatla can weaken or eliminate the force of the rumor.

 

17. Sending Engagement Gifts (Sivlonot)

In places where gifts are normally sent after engagement:

Receiving such gifts creates concern that Kiddushin already occurred.

A get may therefore be required out of doubt.

In places where gifts are normally sent before engagement:

No concern exists.

Local custom becomes legally significant.

 

18. Credibility of Personal Statements

At the end of the chapter Rambam discusses a woman who says:

“I am betrothed.”

and later says:

“I am not.”

or

“I am married.”

and later says:

“I am single.”

If she provides a convincing explanation (amatla) for the original statement, she may be believed.

Without a reasonable explanation, her first statement remains binding.

 

Major Theme of Chapter 9

Chapter 9 is the Rambam’s great treatment of uncertainty in marriage law.

The chapter teaches that when Kiddushin may have occurred:

• Uncertain identities,
• Uncertain timing,
• Agency complications,
• Public rumors,
• Conflicting claims,

all receive serious legal weight.

At the same time, the Rambam balances that caution with clear rules of credibility, presumptions, and evidentiary standards, creating a structured system for resolving doubt while protecting the integrity of Jewish marriage.