לזכות ידיד נפשי הר' אברהם שרגא בן מלכה אסתר וכל בני ביתו לברכה והצלחה בכל מעשי ידיו!
A guy REALLY likes a girl. It happens. He wants to marry her. He gets up the guts and proposes. She says "sure, but it'll cost ya. 100k. In my bank account. By tomorrow". He looks at her. He thinks of his bank situation and ... agrees. He says " הרי את מקודשת לי with 100 thousand American dollars" and transfers the money into her account [in front of two witnesses]. Is she married??
The poskim say .... yes [not only that but she is rich]. But what type of KINYAN does she make on the money? The woman needs to ACQUIRE the כסף קידושין?!
1] Some say it is a קנין אודיתא. Those who learn daf yomi [and chazer each daf at least four times:-)] will remember the gemara in Bava Basra 149 that says that one can effect a kinyan by "admitting" that the object or money belongs to another person. [Reb Elchonon - the real one and not the imposter - explains the mechanics of the kinyan that it is because הודאת בעל דין כמאה עדים דמי so by admitting that the money belongs to the other person it does.] By transferring the money he is admitting that it belongs to her. But this is not universal as some say that קנין אודיתא only works with a שכיב מרע.
2] Others say it is a קנין סיטומתא which is a kinyan that is predicated on the custom of businessmen at that time. It could be marking barrels, giving the key to the place where the merchandise is stored, or as they used to do in the diamond industry [and maybe still do] shaking hands and saying "mazel un bracha". Today kinyanim of money are made via bank transfers so it has halachic basis.
3] דינא דמלכותא דינא - It is the law of the land that bank transfers are effective.
4] Rav Moshe ztz"l said that something irrevocable like a bank transfer is a kinyan.
5] Some say it might be like קנין במעמד שלשתן. The gemara [Gittin 13] says: It has also been stated that Shmuel said in the name of Levi: If a man says. You owe me some money, give it to So-and-so, [if he said so] in the presence of the third party. [the last-named] becomes the legal owner. So too here.
What about marrying her by credit card. He goes to the kosher pizza store, sees a beautiful girl behind the counter, his intuition tells him that SHE IS THE ONE, buys a pie and when he hands her his credit card for the swipe, he says, add 50 bucks for marriage [in the presence of two witnesses]. She swipes. Then she faints. Are they married [after she is revived]?
NO say the poskim!
Why NOT?? What is the difference between marriage via bank transfer and via credit card?
Think about it and tell me what you think...
Speaking of credit cards - we have about 3k to go. Be a partner and get the zchus of thousands who come to the blog to learn weekly. It is like passive income. You will have long forgot about your donation but in shomayim you continue piling up merits!! If you feel that nobody learns anything new on this blog [like everybody already knew about the question of marrying a woman via a bank transfer and by credit card] and nobody gets any chizzuk from any of the posts then please don't give:-).
