[Avodah] Did RSRH Write LH about Shimon and Levi

[Saul Mashbaum]

RTKatz:
>>
It was already established back from the time of Rivkah ("Nish'alah es
pi hana'arah") that Jews do not marry off a daughter or a sister
without her consent.
>>
It is a common misconception that the cited phrase indicates that
Rivkah's consent was necessary for the proposed marriage. As is clear
from the Biblical text, the cited phrase relates to something else:
the proposal that Rivkah leave her father's house immediately, as
Eliezer requested, rather than remain in his house for a while, as her
family suggested.
On the contrary, the text does not indicate at all that Rivkah
consented to the proposed marriage.

Al pi halacha,  a father *may* marry off a minor daughter without her
consent. This well-known Talmudic principle  is the halacha, as stated
explicitly in Even HaEzer 37;1, without dispute. The Mechaber in 37;11
cites the statement in the g'mara that it is a mitzva for the father
not to exercise the right he has marry off his minor daughter. The
Rama there cites the opinion of Tosfot which justifies  marrying off
minor daughters without their consent, and concludes that this was the
common practice in Ashkenaz.
Thus, the statement " Jews do not marry off a daughter or a sister
without her consent" , when applied to a minor, is incorrect both in
theory and in widespread practice, up to modern times.

Saul Mashbaum