ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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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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Questions
1)
(a) The Rabbanan can validate a Get that min ha'Torah, is not valid - due to
the fact that anyone who marries, does so according to the whim of the
Rabbanan (that the Kidushin's validity depends upon their decision).
(b) This is easily understood by Kidushei Kesef - where we can say that the
Chachamim rendered the money Hefker, but what do they do if the man
betrothed the woman with Bi'ah?
(c) We explain that - even by Kidushei Bi'ah, the Rabbanan made the Bi'ah a
Bi'as Z'nus.
2)
In the second Lashon, Rava compares Gitin to Kidushin ('Yesh O'nes
be'Gitin'). We deal with the three cases that we cited in the first Lashon
using reverse arguments (what was before a proof, is now a Kashya ... ).
We conclude that the Mishnah in Gitin ...
1. ... 'Im Lo Ba'si mi'Kahn ve'ad Sh'neim-Asar Chodesh, u'Meis be'Toch
Sh'neim-Asar Chodesh, Ein Zeh Get' - incorporates Chalah, and the Tana
mentions 'Meis' to teach us 'Ein Get le'Achar Misah'.
2. ... 'me'Achshav im Lo Ba'si mi'Kahn ve'ad Sh'neim-Asar Chodesh, u'Meis
be'Toch Sh'neim-Asar Chodesh, Harei Zeh Get' - refers specifically to 'Meis'
(because the husband wants to exempt his wife from having to perform Yibum),
but not to Chalah' (because 'Yesh O'nes be'Gitin').
3)
(a) Rav Shmuel bar Yitzchak states that the Din in our Mishnah 'Besulah
Niseis' applies only to the era of Ezra and onwards, when Beis-Din began
convening on Monday and Thursday, but not before. He told us this, in spite
of the principle 'What has passed, has passed' - to indicate that the same
will apply today to any town where Beis-Din do not convene on Monday and
Thursday.
(b) Consequently - nowadays, a Besulah may marry any day of the week.
(c) Takanas 'Shakdu' is still maintained - because one may only marry on
another day provided he spent at least three days (including days prior to
Shabbos) preparing.
(d) We need to ask 'Mai Shakdu?' and then to cite a Beraisa, despite the
fact that earlier, we cited Shmuel - because, if 'Shakdu' would not be a
Mishnah or Beraisa, how could we ask 'What happened to Takanas 'Shakdu' (as
if it was sacrosanct)?
3b---------------------------------------3b
Questions
4)
(a) The people adopted the custom in the time of danger - to get married on
Tuesday. The Chachamim's reaction to this - was to turn a blind eye to it.
(b) They permitted them to marry even on Monday - when there was an O'nes
(which will be explained shortly).
(c) The same Beraisa informs us that they would separate the Chasan and
Kalah (if she was a Besulah) on Friday night - if they were due to perform
their first Bi'ah, because drawing blood involves making a wound.
5)
(a) If the time of danger were to refer to a decree that anyone who married
on Wednesday would be killed - then why did Chazal not revoke the Takanah to
marry on Wednesday altogether (Surely Piku'ach Nefesh takes precedence over
a Takanas Chachamim).
(b) In fact, explains Rabah, it refers to the decree - that every virgin who
married on Wednesday had first to make Bi'ah with the Nochri administrator.
(c) Even though it is referred to as 'danger' because of the Tz'nu'os who
gave up their lives rather than acquiesce to such a terrible decree, they
did not just teach them that O'nes is permitted - because of those immoral
women who would acquiesce willingly and then maintain that they had done so
be'O'nes; and because of the Kohanos (who are forbidden to their husbands
even be'O'nes), who would nevertheless give-up their lives rather than
become forbidden to their husbands. That is why they preferred to let the
people unofficially change the Minhag.
(d) They did not revoke the Takanah of 'Besulah Niseis ... ' in face of the
decree - because, they reckoned, sooner or later, the decree would come to
an end (which is the reason that one does not revoke a Takanah on account of
a decree).
6)
The women reckoned that if they married on Tuesday, they were safe from the
decree - because they knew that the administrator would not take the trouble
to enter the town on the off-chance that there may be a wedding that day
(only if it was a fixed Takanas Chachamim).
7)
(a) The Tana of the Beraisa permits the Besulos to marry even on Monday,
when there is an O'nes. This cannot be referring to the decree of which we
spoke earlier - because, why then, would they refer to it before as
'danger', and here as 'O'nes'? And besides, before the Tana said that they
adopted the custom, and here, that it is permitted?
(b) Rava therefore explains - that it refers to the commander of the army
who would enter the town during the latter part of the week, and, based on
the Takanah that the Besulos marry on Wednesday, he would confiscate all the
food that they had prepared for the wedding-feast.
(c) We do not just postpone the wedding until the following Wednesday -
because we are speaking when the commander came to town intending to stay
for a while.
(d) Nor do we permit them to marry already on Monday - because his servants
tended to come into town a day earlier (on Tuesday) to prepare for his
arrival (and they too, would be on the lookout for good food for the
commander).
8)
(a) In a second explanation, we interpret O'nes to mean that the Chasan's
father or the Kalah's mother died on Monday. We then permit them to marry on
Monday - because otherwise, they will become Aveilim, and be forbidden to
get married, and we are speaking when the animals have already been
Shechted, the bread baked and the wine, diluted, in which case, it cannot be
kept until after the termination of the Aveilus.
(b) The procedure is - that they move the deceased into a side-room, and go
ahead and take the Chasan and Kalah under the Chupah. After the Be'ilas
Mitzvah, he separates from his wife, and they then celebrate the seven days
of Sheva B'rachos.
(c) The Chasan and Kalah begin the seven days of Aveilus - after the
termination of the seven days of Sheva B'rachos.
(d) It is specifically when the father of the Chasan and the mother of the
Kalah die - that we permit the Chasan and the Kalah to marry even on Monday,
because it is the father of the Chasan who prepares the wedding-feast, and
the mother of the Kalah who prepares the Kalah's make-up (and in the event
of their not being used now, and their having to be re-done after the
mourning period, there will be no-one to prepare them).
9)
Despite the fact that the seven days of rejoicing over-ride the seven days
of mourning - we nevertheless obligate the Chasan and Kalah to sleep
separately, because 'D'varim she'be'Tzin'ah Noheg' ('Discreet acts of
mourning, remain forbidden - it is only acts of mourning that are performed
in public that are overruled by the days of rejoicing.
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