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36 ‎[1] **All the Laws of Agency Pertaining to the Woman** • 12 Paragraphs
The woman is permitted to appoint an agent to accept her betrothal but it is preferred that she be betrothed in person if possible. However there is no prohibition like there is for men. The man says to the agent, “behold the specific woman that sent you is betrothed to me,” and the agent says, “I betroth her to you.” And if he says, “yes,” that is enough. Even if he was silent, if they had been engaged in this matter and he gave to the agent and did not expound or did not say a thing, that is enough. If she is betrothed with a document, he may only write it with the knowledge of the agent. There are those who say he may only write it with her knowledge. ‎[2] In all matters of betrothal the law regulating the relationship of the man to her agent is the same as with the woman herself. ‎[3] If she says to the agent, “accept the betrothal in a specific place,” and he accepts it in another place, or in any matter that is changed from her charge to the agent, she is not betrothed. ‎[4] If she says to him behold he is in a specific place and he accepts in a different place, she is betrothed, for she only meant to tell the agent where he was. ‎[5] There are those who say that the agent of betrothal is not able to appoint another agent since words cannot be given to another agent (see above number 35 paragraph 6 where it is explained). ‎[6] One that is betrothed by means of an agent does not betroth her again at the time of the wedding ceremony, so that no discredit is cast upon the first betrothal, as some may say that the betrothal by the agent had no validity whatever (above. the end Chapter 34). If she cancels the agent’s power before he accepts the betrothal behold it is null and she is not betrothed. If it is not known whether she cancelled the agent’s power before or after she accepted the betrothal behold this is a doubtful betrothal. ‎[7] If betrothal is accepted by her agent from one and she by herself accepts betrothal from another and it is not known if the betrothal which her agent accepted was before hers or if hers was first; she is forbidden to both of them and she needs a bill of divorce from them both. If they agree one may give a bill of divorce and one may marry (and betroth her with another betrothal) (Rabbenu Yerucham, Chapter 22). To what does this refer: non-relatives. However if the agent betrothed her to the father and she betrothed herself to the son or brother, both of them must give a bill of divorce and she is forbidden to both of them. ‎[8] A woman may be appointed an agent for another woman to accept betrothal, even though she may become her rival, in the event that he betrothes both of them. There are those who say that even if she says to her “accept it for me,” and she does not respond “yes” but remains silent and accepts without specification then, for her also she accepts. ‎[9] A woman, that is an agent, to accept betrothal for another woman, when a man extends the betrothal and says to her, “you too” or “and thus you” both of them are betrothed. However if he did not say “to you” rather “and you” behold the one that accepts the betrothal is doubtfully betrothed. Perhaps his only intention was to see what was in her heart as if he said to her, “and what do you say in the matter?” and she accepted the betrothal since he was still asking to see what was in her heart. ‎[10] There is one authority who says that the father may not become an agent to betroth his adult daughter--and there are those who disagree with him. ‎[11] If one accepts betrothal for his adult daughter and was not appointed as an agent, there are those who say she needs a bill of divorce because of doubt. ‎[12] A woman cannot appoint an agent to accept betrothal from the agent of her husband (but if she does, it produces a doubtful betrothal) (*Bet* *Yosef*) (See below Chapter 141, paragraph 1, section on bill of divorce).
Version: Hilchot Kidushin, trans. by Steven H. Garten. HUC, 1975
Source: http://library.huc.edu/pdf/theses/Garten%20Steven%20Howard-CN-Rab-1975%20rdf.pdf
License: CC-BY