Responsa על קידושין 11:18
Teshuvot Maharam
Q. Without any previous courting A gave money or presents to Leah saying they were tokens of love. The witnesses testify that A did not speak to Leah about marriage while he gave her the money, and that she did not express her consent.
A. If there are witnesses that A proposed to Leah on a previous occasion and that she accepted his proposal, she is betrothed to A, even though A did not expressly say he was betrothing her. When there are no such witnesses, but both, A and Leah, admit that they had a previous understanding between them, or that at the time A gave the money to Leah they both intended the money to bind them in betrothal, Leah is betrothed to A. Moreover, the mere statement of A to Leah that he gave her the money as a token of love may constitute a betrothal, and therefore, Leah needs a divorce from A before she can marry another.
SOURCES: Cr. 19; Pr. 519–520; Mord. Kid. 521; Tesh. Maim. to Ishut, 4.
A. If there are witnesses that A proposed to Leah on a previous occasion and that she accepted his proposal, she is betrothed to A, even though A did not expressly say he was betrothing her. When there are no such witnesses, but both, A and Leah, admit that they had a previous understanding between them, or that at the time A gave the money to Leah they both intended the money to bind them in betrothal, Leah is betrothed to A. Moreover, the mere statement of A to Leah that he gave her the money as a token of love may constitute a betrothal, and therefore, Leah needs a divorce from A before she can marry another.
SOURCES: Cr. 19; Pr. 519–520; Mord. Kid. 521; Tesh. Maim. to Ishut, 4.
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Teshuvot Maharam
Q. A, who fell sick, gave a bill of divorce to his wife on the condition that it be valid from the time of its delivery if he should die as a result of that sickness. A died as a result of that sickness and the people did not allow his wife to touch him, weep over him, or even walk after his hearse, claiming that such action on her part would invalidate her divorce.
A. The people were wrong. It is not within the province of a wife to invalidate her divorce.
SOURCES: Pr. 857; Mordecai Hagadol, p. 230c.
A. The people were wrong. It is not within the province of a wife to invalidate her divorce.
SOURCES: Pr. 857; Mordecai Hagadol, p. 230c.
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