when is the daughter of one's wife become אסור to him, is it after קידושין, נישואין or only after ביאה? Tosfos clearly says you do not need ביאה although the pasuk says ערוות אשה ובתה however the פתחי תשובה understands in tosfos that you need נישואין the Rambam holds that קידושין is enough to make her asur. (forgive me for not giving the מראה מקומות it's in the ברכת אברהם),
just a point, I think Tosfos might just mean that the pasuk is not literal and you need not wait till ביאה but perhaps he agrees with the rambam? in any case the achronim say not like me. let me know if you want the sources.
3 comments:
i am not sure why it is so clear to you in tosafos that it dependent on nisuin rather than kiddushin. Tosafos says clearly that you don't need biah, and chupah is sufficient to be in violation, but then ends of that "b'kiddushin talya milsa". The aruch laner explains that based on rashi that "isha" implies marriage, kiddushin would be sufficient, but based on the gemara that it needs to be "she'er" the violation would only be after chupah (nissuin).
I agree with you, but the פתחי תשובה doesn't. I will tell you later where it is.
ט"ו סק"ה
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