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Law to Confiscate Kiddushin

שו”תCategory: HalachaLaw to Confiscate Kiddushin
asked 4 years ago

Hello Rabbi,
Two questions about the law to expropriate Kiddushin that is on the Knesset table.
A. If a law is passed to revoke a marriage license in the event that a divorce is not granted, will the revocation of the marriage license apply retroactively or will it apply retroactively from now on?
I thought that even if in the case of a confiscation of a kiddushin in a court of law by virtue of “all the temple is known to the rabbis of the temple” it applies retroactively from now on, in the case of the law it will apply retroactively completely from the following explanation:
The entire temple, according to the rabbis, is actually a sanctification for a period of time. What is the period? As long as the opinion of the rabbis supports the sanctification. If the sages inform me that their opinion is against the sanctification because of a certain reason, the time is up and the sanctification expires. Therefore, according to this understanding, the validity of the forfeiture of the sanctification is from now on retroactively. This is also the reason why, as time passes, it is difficult to forfeit the sanctification in a court of law because a stronger and stronger reason is needed to determine that the opinion of the sages is not favorable to the sanctification.
The law of confiscation of the Kiddushin works by the mechanism of confiscating the Kiddushin money. In this case, the Kiddushin did not apply at all because a man does not consecrate a woman with his friend’s money. Therefore, the confiscation of the Kiddushin will apply completely retroactively. Here there is no question of time or reasonableness. The state has the power to confiscate money even for the past, and even if a lot of time has passed, the Kiddushin are completely null and void retroactively.
on. Will the forfeiture of the consecration also apply to consecration by deed, or can a deed be consecrated even without ownership or value of the deed?
hand.


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0 Answers
מיכי Staff answered 4 years ago
I see that this is a family business (I just now received an email about it from your relative, may he live). A. I don’t know what law you’re talking about? She wrote to me about the forfeiture of the Kiddushin money, and it applies retroactively. I don’t understand why it matters whether it’s retroactively from here on out or retroactively. This is a scholarly distinction, and simply put, everything retroactively is retroactively from here on out. The underlying assumption is that there is no such thing as retroactively. B. As for your argument (I understood you were talking about the misappropriation of money), I don’t think so. The money is also misappropriated from here on out retroactively. C. Beyond this, conditional sanctification is not sanctification for a time. D. In my opinion, ‘every temple’ is not a simple condition, but rather the concept of sanctification depends on the consent of the public. Not that the temple was the condition. E. There are opinions that abandoning Kiddushin is prospective, but these are individual and narrow opinions. I myself wrote this once, in light of my words in section D. F. If it is about throwing away the money, it is of course of no use to the bill or billet. The bill itself may not be worth a penny.  

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