POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 3
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) *ONES* DOES NOT COUNT IN GITIN
(a) By Torah law, if a Tenai was fulfilled because of Ones,
the Get is invalid.
1. Righteous women may refrain from remarrying, from
concern that there was an Ones, and the Get is
invalid.
2. Immoral women will deny that there was an Ones, even
when they have heard or know that there was.
i. They will remarry; the children born from such
a marriage are Mamzers (bastards, who cannot
marry those of legitimate lineage.)
3. To solve both of these concerns, Chazal decreed that
in a case of Ones, the Get is valid.
(b) Question: If the Torah says that the Get is invalid, can
Chazal decree that it is valid, and permit a married
woman to remarry?
(c) Answer: Yes! All who get married consent that the
marriage should be as Chazal desire; in this case, Chazal
uproot the marriage.
1. (Ravina): This is understandable for who engages a
woman with money (the marriage is uprooted, and the
money is a gift).
(d) Question (Ravina): What if the engagement was the act of
marital relations?
(e) Answer (Rav Ashi): The marriage is uprooted; the marital
act retroactively becomes an act of harlotry.
(f) According to some, Rava said the following: Also by
Gitin, one is not liable for Ones (i.e. the Get is
invalid).
(g) Question (Mishnah): 'This is your Get if I don't come
within a year' - if he dies during the year, the Get is
invalid.
1. We infer, if he got sick, the Get is valid!
2. Answer: Even if he got sick, the Get is invalid -
the Mishnah teaches that a Get cannot take effect
after death.
3. Question: But the Mishnah already taught this -
'This is your Get ... after (my) death', is invalid!
4. Answer: The end of the Mishnah (if I don't come
within a year ... ) comes to argue on Raboseinu who
say that the Get is valid (and we may not infer that
if he got sick, the Get is valid).
(h) Question: The end of that Mishnah teaches, 'This Get
should take effect from now if I don't come within a
year - if he dies during the year, the Get is valid.
1. We infer, if he got sick, the Get is also valid!
(i) Answer: Perhaps the Get is only valid if he dies, since
his intention was that his wife should not become subject
to Levirate marriage.
(j) Question: It occurred that a man gave a Get on condition
that he does not return within 30 days. He was returning
on the 30th day, but was delayed because the ferry was on
the other side. Even though he was trying to return,
Shmuel ruled that the Get is valid - unlike Rava!
(k) Answer: A common Ones is different - since he should have
stipulated what will be in such a case, but neglected to
do so, he accepted on himself whatever will happen.
2) THE DAYS TO GET MARRIED
(a) (Rav Shmuel Bar Yitzchak): Our Mishnah, which says that a
virgin is married on Wednesday, applies after Ezra
decreed that Beis Din should meet every Monday and
Thursday.
1. Before Ezra, a virgin could be married on any day.
(b) Question: Why did he teach this - it has no relevance
today!
(c) Answer: If Beis Dins would again meet equally all days of
the week, a virgin may be married on any day.
(d) Question: But we require the Chasan to prepare the meal
for 3 days!
(e) Answer: We are talking in a case where he prepared a
meal.
3b---------------------------------------3b
(f) (Beraisa): A virgin is married on Wednesday, so if the
Chasan finds that she is not a virgin, he will go to Beis
Din the next day.
(g) Question: If the marriage is on Sunday, he could also go
to Beis Din the next day!
(h) Answer: Chazal deliberated to help the bride, that the
groom should exert for 3 days preparing the Chupah meal.
3) WHAT HAPPENS WHEN THERE IS DANGER
(a) (Beraisa): From the time of danger and onwards, the
custom was to be married on Tuesday; Chazal did not
object;
(b) One may not be married on Monday; if there is an Ones, it
is allowed.
(c) We separate the Chasan from the bride on Shabbos night
(if they have not yet had relations), since the first act
of relations causes a wound.
(d) Question: What danger is the Beraisa referring to?
1. If there was a decree that any virgin married on
Wednesday will be killed, why was it only a custom
to be married on Tuesday - the enactment should be
entirely uprooted!
(e) Answer (Rava): There was a decree, a virgin married on
Wednesday must first have relations with the mayor.
(f) Question: This is Ones, not a danger!
(g) Answer: There are righteous women that would refuse, and
be killed for doing so.
(h) Question: We should make it known that if a woman is
forced into adultery, she is permitted to her husband!
(i) Answer: There are immoral women (and if we publicize the
above law, they will willingly have relations; their
husbands will not know that their wives are prohibited to
them);
(j) Also, there are wives of Kohanim, who become prohibited
to their husbands even if they are forced (so publicizing
the law will not help).
(k) Question: Why don't we uproot the enactment for virgins
to get married on Wednesday?
(l) Answer: It is common that the (mayor's) decree is
revoked; therefore, Chazal do not revoke their enactment
because of the decree.
(m) Question: If the danger is as Rava says, the mayor will
come on Tuesday to have first relations with the virgin!
(n) Answer: Since we do not formally enact Tuesday as the day
for the wedding, he is not sure that there is a wedding
on Tuesday, and will not bother to come.
4) WHAT HAPPENS WHEN THERE IS *ONES*
(a) Question: What is the Ones of the Beraisa?
1. If it is the mayor's decree - why was it called
danger above, and now, Ones?
2. Also - above we said that it was the custom to be
married on Tuesday - here we say that it is allowed!
(b) Answer#1 (Rava): People say that the general is coming to
the city (and he will take the food prepared for the
Chupah).
(c) Question: If he will leave promptly, we should delay the
Chupah until after he leaves!
(d) Answer: He is going to fix himself in the city (for a
while).
(e) Question: Why is even Monday allowed - let the Chupah be
on Tuesday!
(f) Answer: His scouts are coming on Tuesday (and they will
confiscate food for him).
(g) Answer#2: The Ones of the Beraisa is the death of the
Chasan's father or the bride's mother.
1. (Beraisa): The bread was baked, or the animals were
slaughtered, or the wine was mixed, and the Chasan's
father or bride's mother died:
2. We put the deceased in a room until after the
Chupah.
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