Validity of Kiddushin by Silence While Both Grasping an Object

From: Rabbi Akiva Eiger

To: Rabbi Zalman

Description

A man told a woman to take an object as a deposit, then declared kiddushin while both held it; she was silent and later threw it back. Rabbi Akiva Eiger disagrees with the correspondent's firm ruling that silence here constitutes consent under sha'as matan ma'os, and constructs a multi-layered lenient analysis based on the pikadon framing, a sfek sfeika, and the woman's own testimony. He concludes the kiddushin are not valid, conditional on the correspondent's agreement.

Source: Shu"t Rabbi Akiva Eiger §97

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