Translation:Shulchan Aruch/Even ha-Ezer/36

Paragraph 1- A woman is able to appoint an agent to accept marriage on her behalf, but there is a mitzvah for her to accept it directly if she is able. There is no prohibition, however, as there is for a man. The man would tell the agent, “so-and-so, who sent you as an agent, shall be married to me,” and the agent would say “I have married her to you.” If the agent says, “yes,” that would suffice. Even if he was silent and they were discussing the topic and the husband gave the agent the marriage item and did not say elaborate or say anything, that would suffice. If he is marrying the woman via document, he must write it with the knowledge of the agent. There are those who say he must write it with the knowledge of the woman.

Paragraph 2- In all aspects of marriage, the laws of a man with his agent are the same as those of a woman with her agent.

Paragraph 3- If the woman tells the agent to accept the marriage in a specific place and the agent accepted in another place or deviated in any other way from the agency, she would be not married.

Paragraph 4- If the woman told the agent, “he is in such-and-such place,” and he accepts the marriage in a different location, the woman would be married because she was just telling him where he would be.

Paragraph 5- There are those who say that a marriage-agent cannot appoint another agent because his agency is mere words which cannot be transferred to an agent. See above 35:6 where this is discussed.

Paragraph 6- If one marries via an agent he should not perform the kiddushin a second time at the time of the chupa so as not to cast aspersions on the initial marriage, causing people to say the marriage of an agent is of no effect. See earlier at the end of Siman 34. If one retracted the agency prior to the woman accepting the marriage, the agency would be void and the woman would not be married. If it is uncertain whether the agency was voided prior to or subsequent to the acceptance of the marriage, the woman’s marriage would be uncertain.

Paragraph 7- If the woman’s agent accepted the marriage from one man, and the woman herself accepted the marriage from another man, and it is uncertain whether the agent’s marriage preceded the woman’s or if the woman’s marriage preceded the agent’s, the woman would be prohibited to both men and would need a get from both. If they want, one man can give the get and the other can marry her and would perform another marriage ceremony. When is this true? With respect to unrelated men. If the agent married her to the father and the woman herself married his son or bother, they would both have to give a get and she would be prohibited to both.

Paragraph 8- A woman can be made an agent to accept marriage on behalf of another woman, even if it results in her becoming a rival wife to the agent because the man marries them both. There are those who say that even in a case where the woman told the agent to accept marriage for her as well and the agent did not respond in the affirmative but was silent and accepted the marriage without elaboration, we assume the agent accepted for the principal as well.

Paragraph 9- If a woman is an agent to accept marriage for another, and when the man give the marriage he tells the agent “and you as well” or “likewise to you,” they would both be married. If he did not tell her that, however, but just said “and you,” the agent who accepted the marriage would have an uncertain marriage because the man may have just intended so see what her thoughts were, as if he said, “and what would say about such a thing?,” and she accepted the marriage because the question of what she is thinking is still outstanding.

Paragraph 10- There are those who say that a father cannot become an agent to marry his adult daughter, but the authorities disagree with this view.

Paragraph 11- If one accepted marriage for his adult daughter but was not appointed as an agent, there are those who say the daughter would need a get out of doubt.

Paragraph 12- A woman cannot appoint an agent to accept marriage from her perspective husband’s agent. If she did appoint one, however, her marriage would be uncertain.