Is amira necessary by kiddushin and if so why? In addition, is the amira only to clarify that the ring, biah etc. is for marriage or is there another reason? For instance if it is obvious that it was being done for kidushin but there was no amira is the kidushin valid?
P.S. I want to thank you very much for alaways answering my questions.The kollel iyun hadaf has been mechazek my learning tremendously!
Yitzi Loewy, USA
It would appear at first glance, that Kidushin does not need Amira, as we find on Daf 6a that if a man was talking with a lady about Kidushin and he then gave her Kidushin without saying anything, she is Mekudeshes. However, the Rashba on 5a and the Ritva on 41b both say that this is only because it is as if he specifically stated that he is giving the money for Kidushin. The Ramban in Milchamos Gitin 78a offers an alternative explanation. He says that since he already spoke with the lady about Kidushin it is considered a continuation of his original speaking. We see from these Rishonim that Kidushin needs an Amira.
Furthermore, we may infer that the Amira is not merely to show his intentions, since we are dealing with a situation in which his intentions are clear. It must be that Kiddushin requires an Amira in order to be valid.
See also Lechem Mishnah Geirushin 1:9, Toras Gitin 141:66 and Avnei Milu'im 35:9 all of whom state clearly that Kidushin needs an Amira.
Further proof for this is often brought from the Gemara in Nedarim 6b that debates whether truncated forms of speech (Yados) are acceptable for Kidushin. The Gemara is discussing cases where there is no doubt that the aim is Kidushin, so the debate must be if the Amira is acceptable.
Reb Baruch Ber Zatsa"l explains (Bircas Shmuel 1) in the name of Reb Chaim Soloveitchik, that an Amira for Kidushin is necessary for the act to be considered an act of Kidushin, because we learn from Ki Yikach that he must demonstrate his intention to make a Kidushin with an Amira.