Relevance
This point that the concept of Nissuin did not change with the giving of the Torah according to Rambam, has practical relevance in Jewish law as well. By Rambam illustrating this idea of marriage, he clarifies his definition of the concept of chuppah, which is the final step in a Jewish marriage.
Concerning the definition of the word chuppah, there are various opinions that are expressed in the code of Jewish law:
Text 10
He cannot have relations with her... until he brings her into his house, is secluded with her and separates her for himself, and this seclusion is known as entering into the chuppah...There are those who say that the chuppah is ...(that) the groom must bring her into his house for the purposes of marriage... And there are those who say that the chuppah is when they spread a cloth over her head at the time of the blessing, and there are those who say that a virgin's chuppah is when she goes out in a headdress and for a widow when they become secluded. The simple custom nowadays is to call the chuppah a place where they place a cloth on poles and bring the groom and bride underneath in public and he engages her there and they say the blessings of engagement and marriage and then they walk them to their house and they eat together in a secluded places, this is how the chuppah is done now.
Shulchan Aruch, Even HaEzer 55:1
The concept of chuppah is one that has many interpretations in Jewish thought. Rambam’s classification though, that “he brings her to his home, enters into privacy with her, and thus singles her out as his [wife] ... (and their entry into) privacy is referred to as entry into the chuppah,” is very similar to the description of marriage before the giving of the Torah.
The reason for this is because according to Rambam, the concept of marriage after the giving of the Torah is the same as the concept of marriage before the giving of the Torah; i.e. the act of married life. Therefore, the manner in which the woman gets married after the giving of the Torah—chuppah—is the same as before the giving of the Torah. Rambam’s stance, that Nissuin remained the same after the giving of the Torah as before the giving of the Torah, the concept of chuppah, which finalizes a Jewish marriage, can only be the act of living together as man as wife—as only then can they truly be considered married.
There is however, a difference between the process of becoming husband and wife before the giving of the Torah and after the giving of the Torah. Before the giving of the Torah, (and after the giving of the Torah for a Noahide) in order to consummate the marriage, he “would bring her home, conduct relations in private and thus make her his wife.” However, concerning marriage after the giving of the Torah, Rambam writes,
“Once she enters the chuppah, she is called a ‘married woman’ (nesu'ah), although [the couple] has not engaged in sexual relations.”
While the above seems to negate the previous conclusion that marriage post the giving of the Torah is the same as marriage after the giving of the Torah, that they are both expressive of an actual spousal relationship, in truth this is not the case for two reasons:
- The act of seclusion that effects a Jewish marriage is similar to the act of marriage, as it needs to be in a way that expresses that he “singles her out as his [wife].” The seclusion needs to be in a way that expresses permanency and not merely that they happen to be secluded.
- The seclusion needs to be in a way that there is a potential for physical relations. As Rambam writes, “[The above applies when] it is fitting to engage in relations with the woman. If, however, the woman is in the niddah state [when relations are forbidden], the marriage bond is not completed and she is still considered to be a betrothed woman, (arusah) although she entered the chuppah and remained in privacy [with her husband].”
Rambam’s rationale for the two above-mentioned points is as was previously explained. According to his view, the concept of marriage is the same as before the giving of the Torah. Therefore, when there is no possibility for the couple to engage in physical relations, the marriage cannot be consummated. When, however, they can engage in physical relations, the marriage can be consummated, even if they actually did not engage in them.
