Q&A: Do Commandments Require Intention?
Do Commandments Require Intention?
Question
In tractate Kiddushin there is a discussion where they say that if a man betroths a woman because he was paid to do so, the betrothal takes effect.
That is, there is no need for the intention to be to fulfill God's commandment through kiddushin, only to say the words.
Doesn't this contradict the Rabbi's theory that a commandment without intention has no religious value?
Answer
What does the Sabbatical year have to do with Mount Sinai? Ask better: how does the betrothal of a secular person take effect? After all, he does not intend it as a commandment. And according to my view, he is not even someone capable of fulfilling commandments at all. The answer is that kiddushin is a contract, not a commandment. And the contract takes effect if the parties want it and know what they are undertaking. In general, according to most opinions, kiddushin is not a commandment at all, but rather a preparatory condition for the commandment of being fruitful and multiplying. And even according to Maimonides, who is usually interpreted as holding otherwise, in my opinion that is not necessary.
Discussion on Answer
You can just search online. For example here: https://www.etzion.org.il/he/halakha/even-haezer/marriage-and-divorce/%D7%9E%D7%A6%D7%95%D7%95%D7%AA-%D7%A7%D7%99%D7%93%D7%95%D7%A9%D7%99%D7%9F
By the way, I saw there that he writes what I have written more than once as well: that even according to Maimonides there is not necessarily a commandment here, since he also counts procedures and definitions.
What does this have to do with "the law of Moses and Israel"? Jewish law determines how betrothal is done, and that is the law of Moses and Israel. It has no connection to the question of whether this is a commandment or not.
There is no need for intention if it is not a commandment. You do need to intend the contract that you are making. But even without that it is valid, because things in one's heart are not legally binding. A secular person who does not believe in the binding force of the commandments is not someone capable of fulfilling commandments, regardless of intentions. Commandments require faith. I explained this in my article here, "Causing a Secular Person to Sin" (you can search for it). But if he enters into a kiddushin contract, it is valid as a contract even if there is no commandment for him. And with procreation, of course, he has not fulfilled a commandment, just like with any other commandment.
What do you mean, not a commandment?
Isn't there a commandment to marry a woman?
If so, why do they say, "according to the law of Moses and Israel"?
As clearly as possible.
There is a commandment to get married, isn't that so?
And if not, can you give a source for that?
And if so, what about intention?
And if we follow the Rabbi's approach, that the commandment is procreation and marriage is only a preparatory condition for the commandment, then does a secular person who brings children into the world without intending to fulfill a commandment perform a commandment?