More Discussions for this daf
1. Comparing Kidushin to Gitin 2. Through a Shtar 3. Three ways
4. Tosfos DH Hacha 5. Kesef 6. Kidushin Against A Woman's Wishes
7. Darko Shel Ish la'Chazor 8. Misas ha'Ba'al 9. Rashi
10. Use of Derech in Masculine and Feminine Terms 11. Kidushin against a woman's will 12. Comparing the term "ha'Ishah Niknis" to "ha'Ish Mekadesh"
13. Get for Yibum 14. Eirusin 15. ha'Isha Niknes
16. Erusin vs. Nisu'in 17. Hiskadshi Li in Rashi
DAF DISCUSSIONS - KIDUSHIN 2

robkarr asked:

we compare gitin to marriage in all halachas. why therefore can

one get married at night since we can not get divorced at night

(it requires masah beis din which does not sit at night))

robkarr, passaic, nj usa

The Kollel replies:

Let me quote to you to an article which appeared in Meoros Daf Hayomi (vol 101)

Making Weddings at Night

Jewish communities are accustomed to perform chupos either during the day or at night. However, the poskim discuss at length the permissibility of chupos at night. The first posek who was doubtful about the matter was the Mahari Mintz. On this basis the Re'em (II §35) changed his town's minhag to do kiddushin at night, and instituted that it be done only during the day.

Divorces only at night: The basis for the doubt is whether we can compare making kiddushin to giving a get. The Mahari Mintz rules that a get given at night is pasul according to the Torah. The reason: gerushin is considered the beginning of a din and we are not allowed to do any din at night. [The Rema writes (Shulchan Aruch Even HaEzer 123:5) that the halacha is that we must reckon like this opinion]. In many places (Kiddushin 5a, and others) we find that the Torah compares the halachos of gerushin to those of kiddushin, and many halachos of kiddushin are inferred from those of gittin. For instance, that kiddushin is accomplished by means of a shtar is derived from the fact that divorce is accomplished by means of a shtar i.e. a get. Likewise, we know that we can use a shaliach to perform kiddushin because we know that a shaliach can be used to hand over a get and make gerushin. Therefore, there is reason to say that just like gerushin can be done only during the day, so, too, kiddushin.

The segula of kiddushin at night: Nonetheless, this opinion was not generally accepted. In practically every Jewish community, one has his choice. If he desires, he can make kiddushin at night, just as during the day. According to R. Akiva Eiger (Responsa "R. Akiva Eiger Tanina" §71) our sugya contains proof that kiddushin can be done at night. Beis Shamai and Beis Hillel disagree in our sugya about when a divorced man lodges somewhere with his former wife. Must we be afraid that he was mekadesh her again? From the fact that this point is a matter of dispute it is clear that kiddushin done at night is effective. The Responsa "Yehudah Ya'aleh" even praises (II Even HaEzer, Choshen Mishpat §38) doing kiddushin at night. Chazal tell us that the second luchos that HaShem gave secretly remained. Night, too, has the aspect of secrecy because of the darkness, and night kiddushin is thus a segula for a lasting marriage.

However, R. Akiva Eiger concludes that there is room to differentiate between kiddushin using money and kiddushin using a shtar. Possibly, the latter must be compared to gittin and kiddushin by means of shtar cannot be done at night. At any rate, since our custom is to do kiddushin with money -- a gold ring being considered as worth money - our weddings can be done at night, and the kiddushin is undoubtedly effective.

Additionally, even if though we learn from Gitin to Kiddushin we only learn the Dinim of which are indigenous to Get. If Get does not work at night it is a Halachah in Din which is not performed at night and not a Halachah in Get.

Dov Zupnik