Translation:Shulchan Aruch/Even ha-Ezer/33
How a Woman is Married Via Sexual Relations[edit]
(Contains 2 paragraphs)
Paragraph 1- How can a woman marry via sexual relations? If the man tells the woman in the presence of two witnesses, “you shall be married to me with this sexual relationship,” and he secludes with the woman in the presence of the witnesses, she would be married, notwithstanding the fact that this is a brazen act, regardless of whether the intercourse was vaginal or anal. The woman would have the status of an arusah, and not a nesuah. There are those who say this is only where the man had the relations with her in his father-in-law’s home. If he brought her to his house and had sexual relations there or if he already performed kiddushin on her and had sexual relations, she would have the status of a nesuah. There are those who say that in a case where a single man has sexual relations with a single girl in the presence of witnesses, we would be concerned that it was done for the sake of marriage because there is a presumption that a man does not have sexual relations for merely promiscuous purposes. If the man was already established as one who has promiscuous relationships, however, there is no concern. There are those who are lenient in all cases. See later Siman 149 and 167:2 and above 15:10.
Paragraph 2- If one marries via sexual relations, his intention is on the conclusion of the intercourse. Thus, if the woman accepted marriage from a third party before the intercourse was concluded, she would be married to the second man. If he just penetrated and immediately pulled out, however, or if he initially said his intention was to marry with penetration, the marriage would be effective immediately.