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Kesuvos 3
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KESUVOS 2 & 3 - Generously dedicated by Reb A. Wolfson, a sincere Ohev Torah
and Mokir Torah and himself an example of Torah u'Gedulah b'Makom Echad.
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1) [line 7] KOL D'MEKADESH A'DA'ATA D'RABANAN MEKADESH
(a) Under certain specific circumstances, the Rabanan "uprooted" Kidushin
which were valid mid'Oraisa in order to protect a man or woman from the
effects of a Get or Kidushin that might cause them permanent emotional
torment. The reason the Rabanan are able to uproot Kidushin in this manner is
because of the principle of "Kol d'Mekadesh...." This principle teaches that
every man who is Mekadesh a woman (by means of Kesef, Shtar or Bi'ah, see
Kidushin 2a) bears in mind that if (either at present or in the future) the
Rabanan do not approve of his Kidushin, it should retroactively (see
Insights) not be valid. (Even if a person claims, or announces, that he is an
exception to the rule, and he does not have in mind such a condition, it
makes no difference -- RITVA.) It if for this reason that we announce upon
effecting a Kidushin, that the Kidushin is being done "k'Das Moshe v'Yisrael"
(i.e. in accordance with Torah law and with Rabbinical enactments), as Rashi
and the Rishonim explain.
(b) The Rabanan only retroactively uprooted Kidushin with the principle of
"Kol d'Mekadesh" when a man gave a Get (divorce document) to his wife, but
for some reason it was not valid mid'Oraisa. When no Get at all was given,
though, the Rabanan did not retroactively uproot the Kidushin (RASHBA and
Rishonim). According to some (RASHI Shabbos 155b), the Rabanan also uprooted
Kidushin (when necessary) in cases where evidence was presented that the
husband died but the evidence was not acceptable mid'Oraisa.
(c) Sometimes the Rabanan saw reason to annul the Kidushin from its onset
(that is, for the future, as opposed to retroactively) because the husband
effected the Kidushin in an unjust manner. In such cases, they annulled the
Kidushin even though no Get at all was presented. According to some, it is
not even necessary to evoke the principle of "Kol d'Mekadesh" to revoke the
Kidushin in such cases. Since the husband acted unjustly, the Rabanan were
able to revoke his Kidushin by "overriding" the Torah law. (See Yevamos 90b,
and TOSFOS Bava Basra 48b DH Teinach.)
2) [line 8] V'AFKE'INHU RABANAN L'KIDUSHIN - and the Chachamim uprooted the
Kidushin retroactively
3) [line 29] L'ASNUYEI - to make a stipulation
4) [line 31] TAKANAS EZRA - the enactment of the Beis Din of Ezra
5) [last line] D'TERI'ACH LEHU - the groom made the necessary arrangements
before Shabbos (making a wedding possible even on Yom Rishon or Yom Sheni)
3b---------------------------------------3b
6) [line 14] NAHAGU?? LEGAMREI NI'AKREI!! - It became *customary* [to get
married on Yom Shelishi]?? It (getting married on Yom Revi'i) should have
been completely abolished!!
7) [line 28] ISPARVA DIDEI - the commander's forerunners (those servants who
are responsible for providing rations for the commander and his soldiers)
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