ABSTRACT
The second stage was betrothal (kiddushin or erusin; sponsali). In English, Italian, and Latin, the terms for engagement (fidanzamento) and betrothal (sponsali) are used interchangeably for an agreement to marry in the future (per verba de future). In Jewish law, each constitutes a different status that could be linked or separated. For Jews, the use of the present tense verb (per verba de presenti) created a religiously binding betrothal; for Catholics, an indissoluble marriage. A secret or clandestine betrothal (kidushei seter) was considered doubtful (kidushei safek) because one side might have been more enthusiastic, naïve, or treacherous, or subsequently wanted to end it. Such betrothals included those made in jest (kidushei tzhok); by deceit, abduction, or force (kidushei hatifah); by giving gifts under false pretenses (sivlonot); by minors (kiddushei ketanah); and by intercourse (kidushei bi-ah). To limit these, Jews, like Catholics, required the presence of witnesses, parents, relatives, and clergy. To end a betrothal, Jews had three options: divorce (gerushin), the female’s right of refusal (mi-un), and annulment (hafka-ah). For annulment, like Catholics, Jews sought impediments and procedural irregularities, not for proper implementation of law but to use its contradictions to ameliorate their situation.
