Wednesday, June 5, 2024

Breaking an Engagement

 Igros Moshe (E.H.1:91 page 239). Concerning the case of someone who is engaged to a young lady. Is it permitted for another man to try and become engaged to her with her consent? Is this a case of Ani Hehapech becharara? It is clear that if the first couple has not yet decided to finalize the engagement there is no problem. However if they have decided but are still lacking the customary kinyan there is a dispute among the poskim whether it is permitted. Once the kinyan is made there is a cherem against nullifying the engagement.

6 comments:

  1. What kind of engagement are we talking about? It can't be eirusin.

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    Replies
    1. it simply means that the engagement today

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    2. I'm not aware of any halakhic recognition of modern engagement. It's simply a statement of intention. Is the giving of the diamond ring legally significant to create some kind of kinyan?

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    3. It is enough to prevent others

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    4. Well on one hand, this ties into your Common Sense post. It's common sense that if I see a girl and want to ask her out and she's engaged, I back off. But for the guy who says there's no common sense, only Torah, what's the halakhic justification for recognizing this relationship as exclusive?

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    5. If no decision was made than it is not exclusive!

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