Chapter Overview
Chapter 4 examines situations where kiddushin may be:
- Valid
- Invalid
- Doubtful (safek kiddushin)
The Rambam discusses:
- Consent
- Delivery of the kiddushin object
- Witness requirements
- Minors
- Deaf and mentally incompetent persons
- Forbidden relationships
- Non-Jews and slaves
- Throwing or transferring the kiddushin object
A recurring theme is determining whether a woman’s actions truly demonstrate acceptance of marriage.
Halachah 1 – Consent Is Essential
A woman cannot be married against her will.
If a woman is forced to accept kiddushin:
The kiddushin are invalid.
By contrast, if a man is coerced into performing kiddushin:
The kiddushin take effect.
The Rambam also notes that a man may betroth multiple women simultaneously, provided each receives at least a perutah’s worth.
Halachah 2 – One Gift for Multiple Women
If one woman receives the money on behalf of several women, and proper language is used:
All may become betrothed.
However, ambiguous wording can create only doubtful kiddushin.
Halachot 3-4 – Directing the Gift Elsewhere
If the woman says:
- “Give it to your father”
- “Give it to my father”
- “Give it to another person”
she is generally not betrothed.
But if she says:
“Give it to him on my behalf”
she has appointed him as her representative, and the kiddushin are valid.
Halachah 5 – Giving to a Rock, Poor Person, or Dog
The Rambam analyzes unusual cases.
“Place it on this rock”
- If the rock belongs to her → valid.
- Shared ownership → doubtful.
- Public rock → invalid.
“Give it to a poor person”
Not kiddushin.
“Give it to my dog”
Valid, because she benefits.
“Give it to a dog attacking me”
Doubtful kiddushin, because the gift protects her.
Halachah 6 – Requests for Gifts
A woman asks a merchant:
“Give me some fruit.”
He replies:
“If I give it to you, will you be betrothed to me?”
If she explicitly agrees:
Kiddushin take effect.
But if she merely responds:
“Give it,” “Throw it,” or similar language,
she may simply be insisting on receiving the item rather than accepting marriage.
No kiddushin result.
Halachot 7-8 – Witnesses
This is one of the foundational principles of Kiddushin.
One Witness
Kiddushin performed before only one witness:
Do not take effect.
Even if both parties admit it.
No Witnesses
Certainly invalid.
Invalid Witnesses
If the witnesses are Biblically disqualified:
No kiddushin.
Rabbinically disqualified witnesses may create a situation of doubt requiring a get.
Halachot 9-10 – Minors and Rabbinic Kiddushin
A minor boy cannot create kiddushin.
A grown man who “marries” an orphaned girl no longer under her father’s authority enters a different category.
Depending upon:
- Her age
- Her maturity
she may require mi’un (formal refusal).
Halachah 11 – Mi’un
A rabbinically married minor girl may reject the marriage by declaring before witnesses:
“I do not want this husband.”
She then leaves:
Without a get.
Why?
Because the original marriage existed only by rabbinic authority.
Halachah 12 – Deaf and Mentally Incompetent Persons
Cheresh (deaf-mute)
Marriage exists by rabbinic law.
Shoteh (mentally incompetent person)
No marriage is created at all.
The distinction is important throughout later chapters.
Halachah 13 – Saris and Aylonit
A:
- Saris (male incapable of reproduction)
- Aylonit (female incapable of reproduction)
may nevertheless enter completely valid kiddushin.
Fertility is not required for marriage.
Halachah 14 – Tumtum and Androgynos
Because their halachic gender status is uncertain:
Any kiddushin involving them are:
Safek kiddushin.
A get would be required out of doubt.
Halachah 15 – Forbidden Relationships
The Rambam restates a central rule:
Arayot
No kiddushin take effect.
Examples include Biblical incest prohibitions.
Exception
A woman who is a niddah:
Although relations are prohibited, kiddushin remain fully valid.
Halachah 16 – A Married Woman Accepting New Kiddushin
A striking ruling:
If a married woman accepts kiddushin from another man in her husband’s presence, the Rambam discusses circumstances in which her claim that she was already divorced may be believed.
This produces highly unusual legal consequences and depends on specific evidentiary rules.
Halachah 17 – Secondary and Lesser Prohibitions
Kiddushin generally do take effect regarding:
- Shniyot (rabbinic relatives)
- Lav prohibitions
- Positive-commandment prohibitions
Even though the marriage is forbidden.
The parties still require a get.
Halachah 18 – Non-Jews and Slaves
Kiddushin with:
- A non-Jewish woman
- A slave woman
are ineffective.
Likewise:
- A non-Jew
- A slave
cannot perform valid kiddushin with a Jewish woman.
However, a Jewish apostate:
Still creates fully valid kiddushin.
Halachot 19-20 – Half-Slave Status
A woman who is:
Half slave and half free
occupies an intermediate status.
Kiddushin do not fully take effect until her emancipation is completed.
Afterwards, the earlier kiddushin are completed automatically.
Halachah 21 – Intoxication
A drunk person’s kiddushin are generally valid.
Only if he reaches:
The intoxication of Lot
where awareness is essentially absent,
do the kiddushin fail.
Halachot 22-23 – Less Than a Perutah
Kiddushin require at least:
A perutah’s value.
Less than that ordinarily fails.
The Rambam introduces an important doubt:
Perhaps an object worth less than a perutah here is worth more elsewhere.
This can create:
Safek kiddushin.
Perishable food items are treated more leniently because they cannot realistically reach another market before spoiling.
Halachah 24 – Gifts Sent Later
If invalid kiddushin were attempted and gifts were later sent:
The gifts do not retroactively create kiddushin.
Examples:
- Kiddushin with less than a perutah.
- Kiddushin by a minor.
The later presents are assumed to stem from the earlier invalid attempt.
Halachot 25-26 – Throwing the Kiddushin
A woman need not physically receive the kiddushin in her hand.
If thrown into:
- Her hand
- Her lap
- Her courtyard
- Her field
the kiddushin take effect.
Shared Property
If thrown into jointly-owned space:
Safek kiddushin.
Public Domain
The determining factor becomes control.
- Closer to him → not betrothed.
- Closer to her → betrothed.
- Intermediate location → doubtful.
The Rambam defines “close” not merely by distance but by who can effectively guard and control the object.
Chapter Theme
Chapter 4 explores the boundaries of kiddushin. The Rambam analyzes consent, witness testimony, transfer of the kiddushin object, minors, mentally incompetent persons, forbidden relationships, and countless cases of legal uncertainty. The central lesson is that kiddushin require clear intent, proper consent, valid witnesses, and an unequivocal act establishing the marital bond.