What is Nisuin? (And Why doesn't Anyone Seem to Care?)- part 2

1. Last week we showed the contrast between the clear instructions of how to do Kiddushin vs the lack of any direction of how to do Nisuin.

2. We asked what Nisuin does that is seperate from kiddushin and came up with two answers. First, we saw that Kiddushin forbids the woman to other men, and even forbids the women to her husband. It is Nisuin that allows the man to have relations with his wife. Second, We learned (from shemot 21:10) that there are three obligations that a husband must take responsibility for his wife -- food, clothing and relations -- and this obligation seems to apply after Nisuin, not after Kiddushin. In contrast, a woman has to give the fruit of her labor during the marriage to her husband. So sexual permission and a shared economic life seem to occur only at the stage of Nisuin, not Kiddushin.

4. We saw that this two step process of marriage is from Tanach/the Bible itself. In some ways, the confirmation of the ancientness of this two-step process in Judaism simply underscores the question -- why is Nisuin not clearly defined in the Talmud?

Let us ask the next question -- when does Nisuin begin?

Rabbi Steinsaltz - "This is the version of the text that Rashi had. However, most early authorities accepted an alternative version of the text that read: 'A daughter is always under the authority of her father until she enters the wedding canopy. They rejected Rashi's text because of the unusual style and in light of the subsequent Gemara, which... cites the alternate version of the text.'"

So what is the Chuppah?

There seem to be two (or three?) models suggested by the Rishonim.

The Rambam - (1135 -1204)

Spain (1135-1160s?), Fez (1160s?-1168), Egypt (1168-1204)

Ramabam's definition of Chuppah is the couple being in a private space for the sake of marriage (nisuin) , where they have the ability -- and halachic permission -- to have sex. Even if they do not engage in relations, the ability to have sex is considered the consummation of the marriage, or the completion of Nisuin. Importantly, therefore, if the couple is halachically not fit to have sex -- like in the case where the woman is in Nidah -- then the chupah is

The Ran

Commentary on the Rif 1(a) to Ketubot, dibur hamatchil (D"H) "O Pirseh Nidah" -- "or if she has begun menstruating"

The Ran - Nissim of Gerona (Wikipedia)

Nissim ben Reuven (1320 – 9th of Shevat, 1376, Hebrew: נסים בן ראובן) of Girona, Catalonia was an influential talmudist and authority on Jewish law. He was one of the last of the great Spanish medieval talmudic scholars. He is also known as the RaN (ר"ן), the Hebrew acronym of his name, as well as the RaNbaR (רנב"ר), the Hebrew acronym of his full name, including his father's name, Reuven (ראובן).^[1]

Biography

Nissim was born in Barcelona, Catalonia. He was a physician and had knowledge of astronomy. His teacher is not known; his works refer to a R. Perez as morenu ("our teacher"), but it is thought that his father, Reuben b. Nissim, was his primary teacher. He was considered the greatest Halachic authority of his generation, and queries were sent to him from throughout the Jewish diaspora. His closest disciples were the Isaac ben Sheshet and Hasdai Crescas.

In his analyses, Nissim frequently refutes other rishonim; in his legal rulings however, he generally adopts their opinions in practice. He was "no friend of mysticism", and even reproved Nahmanides for devoting too much time to the Kabbalah.

Works

His best-known work is his commentary and explanation of Isaac Alfasi's "Sefer Ha-halachot", which had, at that time, been adopted for practical decisions. He is very detailed and explicit where the subject is important from a practical point of view, but extremely brief when dealing with theory. Ran did not write the commentary on all of Alfasi, although the whole commentary is often ascribed to him. Ran is now printed with Alfasi in all standard editions of the Talmud.

Ran also wrote a commentary on the Talmud. The commentary is oriented toward practical decisions as opposed to theory. The commentary has been printed only on some tractates, the rest exists in manuscript or has been lost.

Other works include, responsa, a recently published commentary on the Bible, a work of philosophy, and a collection of sermons ("Derashot Ha'Ran").

The Ran as the last great Sephardic (Spanish) Rabbi: Historical Context

Ferrand Martinez, Archdeacon of Ecijia, directed a 13-year anti-Semitic campaign that began in 1378. Martinez used a series of provocative sermons, through which he openly condemned the Jews with little to no opposition. He rallied non-Jews against the Jews by creating a constant state of fear through riots. Martinez’s efforts led to a series of outbreaks on June 4, 1391,^[3] where several synagogues in Seville were burned to the ground and churches were erected in their place. Amidst this outbreak, many Jews fled the country, some converted to Christianity in fear, and some were sold to Muslims. Martinez set in motion the largest forced mass conversion of Jews in Spain.^[3]

Both the Church and the Crown had not anticipated such a large-scale conversion stemming from an unplanned anti-Semitic campaign led by Ferrand Martinez. The new converts, most of whom were forced, due to their large numbers, were victims of a new problem. A problem that temporarily solved the Jewish presence in Spain, however, led to the creation of a new group that was neither completely Catholic or Jewish.^[4]

The conversos, who were now fully privileged citizens, competed in all aspects of the economic sphere. This resulted in a new wave of racial anti-Semitism that was targeted at the conversos. This anti-Semitism evolved into small and large riots in Toledo, 1449, that now oppressed not the Jews by the Christians, but the New Christians (conversos) by the Old Christians. Thus, the Crown established a National Inquisition in 1478, that would test the loyalty and purity of a newly baptized Christian (converso). Due to continued oppression, some Jews and conversos fled Spain, others created a community that ensure the survival of Judaism in the Iberian Peninsula, although outwardly practising Christianity.^[4]