ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kesuvos 7
KESUVOS 6-9 - have been anonymously dedicated by a unique Ohev Torah and
Marbitz Torah living in Ramat Beit Shemesh, Israel.
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Questions
1)
(a) Rebbi Ami permitted someone to marry on Shabbos and to perform Bi'ah.
To counter the fact that there was no Kesuvah (and it is forbidden to live
with a woman without Kesuvah) - he would order the husband to give her
objects as collateral until the Kesuvah was written.
(b) Rav Yehudah permitted marriage on Yom-Tov. According to Rav Papi in the
name of Rava, this ruling included Shabbos, and the reason that he confined
his statement to Yom-Tov is - because that happened to be the case about
which he was asked to issue a ruling.
2)
(a) According to Rav Papa in the name of Rava, Rav Yehudah did indeed
confine his ruling to Yom-Tov, forbidding marriage on Shabbos - because the
his concession is based on the principle of 'Mitoch she'Hutrah Chaburah (by
Shechitah) le'Tzorech, Hutrah Nami she'Lo le'Tzorech', and 'Mitoch' (Migu)
applies on Yom-Tov but not on Shabbos.
(b) Rav Papi queried Rav Papa from Mugmar (incense burned on a fire to
impregnate vessels or clothes with a pleasant aroma) - which is forbidden on
Yom-Tov. Why should Mugmar too, not be permitted because of Yom-Tov, he
asked (since making a fire for cooking is permitted)?
(c) To answer Rav Papi's Kashya, Rav Papa quoted the Pasuk "Ach Asher
Ye'achel le'Chol Nefesh" - from which we learn that, even with the principle
of 'Mitoch', a Melachah only becomes permitted if it is 'Shaveh le'Chol
Nefesh' (most people need the outcome of that particular Melachah that is
being performed). Mugmar, on the other hand, is confined to finicky people,
whereas Bi'ah is something that everybody does.
(d) Despite the fact that most people do not eat venison on Yom-Tov,
Shechting and cooking it is nevertheless permitted - because it is not
because the poor do not need it, but because it is not available to them (if
they had the chance, they too would eat it).
3)
(a) The problem we have with Rav Ya'akov bar Idi's statement 'Horeh Rebbi
Yochanan be'Tzaidan Asur li'V'ol bi'Techilah be'Shabbos' - is that we
normally associate the expression 'Horeh' with a leniency, not with a
stringency (seeing as being strict does not really require a careful ruling,
since even when in doubt, one tends to rule stringently).
(b) The truth of the matter is however, that we do have precedents for the
use of 'Horeh' le'Chumra. Beis Hillel ruled - that Queen Hilni, who took a
seven-year Nezirus vow in Chutz la'Aretz, when her son went to war, had to
begin all over again when she came to Eretz Yisrael.
(c) An animal with a broken spinal cord is T'reifah. According to Rebbi,
most of the diameter must be cracked to be considered a Tereifah. However,
'Horeh Rebbi ke'Rebbi Ya'akov' - who declares the animal T'reifah with even
the smallest hole in its spinal cord.
(d) Rav Huna disagrees with Rebbi's second ruling - accepting his original
one.
4)
(a) Rebbi Avahu was present when Rebbi Yishmael ben Ya'akov asked Rebbi
Yochanan whether the first Bi'ah was permitted on Shabbos. He replied - that
it is forbidden.
(b) The ultimate ruling in this issue is - that it is permitted.
5)
(a) We reconcile Rav Huna's ruling (that an Almanah does not require Birchas
Chasanim [Sheva B'rachos]) with another statement of his, where, included in
a string of names (ultimately headed by Rav), he ruled that an Almanah as
well as a Besulah, requires Birchas Chasanim - by establishing the former
when she married an Almon, and the latter, when she married a Bachur.
(b) Rav Nachman quoting Huna bar Nasan, learns from the Pasuk "va'Yikach
Asarah Anashim mi'Ziknei ha'Ir va'Yomer 'Sh'vu Poh'! va'Yeishvu" - that
Birchas Chasanim requires a Minyan.
(c) When Rav Huna said that there is no Birchas Chasanim for an Almon who
married an Almanah - he meant for *seven* days, but for *one* day, there
is.
(d) This creates a problem however, with what we learned earlier with regard
to an Almanah marrying on Thursday and consummating the marriage on Friday -
where we explained that Chazal were particular that even an Almanah should
have *three* days Simchah ( and not just *one*)?
6)
We establish the above Sugya (which requires three days for Simchah) either
by an Almon and an Almanah, who require three days for Simchah, but only
*one* day for Birchas Chasanim - or by a Bachur - who requires three days
for Simchah, and seven, for Birchas Chasanim.
7b---------------------------------------7b
Questions
7)
(a) One gives ...
- ... a Besulah - seven days of Sheva B'rachos.
- ... an Almanah who marries a Bachur - three days.
- ... an Almanah who marries an Almon - one day.
(b) The Tana of the Beraisa says 'Mevorchin li'Vesulah Shiv'ah, u'le'Almanah
Yom Echad', disregarding the case of three days - because his intention is
to inform us that there is no Besulah who gets less than seven days and no
Almanah who gets less than one.
8)
(a) We quoted earlier Rav Nachman quoting Huna bar Nasan, who learns from
the Pasuk "va'Yikach Asarah Anashim mi'Ziknei ha'Ir va'Yomer Sh'vu Poh
va'Yeishvu" that Birchas Chasanim requires a Minyan. Rebbi Avahu learns it
from the Pasuk in Tehilim - "be'Makheilos Borchu Elokim, Hashem mi'M'kor
Yisrael".
(b) Rav Nachman learns from "be'Makheilos Borchu Elokim, Hashem mi'M'kor
Yisrael" like Rebbi Meir in a Beraisa - who learns from there that even the
unborn fetuses sang Shirah to Hashem after the miracles of the Yam-Suf.
(c) In spite of Rebbi Meir's D'rashah, Rebbi Avahu also extrapolates from
the Pasuk the Din that Sheva B'rachos requires a Minyan - from the fact that
the Pasuk uses the Lashon "mi'M'kor" (which has the connotation of marriage
and Bi'ah) rather than "mi'Beten".
(d) And according to Rebbi Avahu, the Pasuk informs us that Bo'az collected
ten people, not in order to teach us Sheva B'rachos (which would not have
required Zekeinim) - but that he wanted to publicize the Halachah of
"Amoni", 've'Lo Amonis' ... (over which a major dispute concerned was
threatening the validity of Malchus Beis David).
9)
(a) Rebbi Avahu explains Boaz's need to teach us the Halachah of "Amoni"
've'Lo Amonis ... ' in front of so many people - in order to gain sufficient
publicity (as we just explained).
(b) We prove this from Shmuel, who instructed Rav Chana Bagdesa'ah to gather
ten people in order to issue the ruling in front of them - that, 'ha'Mezakeh
le'Ubar Kanah' (meaning that if someone acquires something on behalf of a
fetus, then he [the fetus] acquires it), even though he is not yet in the
world.
(c) We do not however, follow Shmuel's ruling in that matter - because we
rule 've'Hilchasa ' ha'Mezakeh le'Ubar, Lo Kanah'.
(d) Shmuel's disciple was called Rav Chana *Bagdesa'ah* - meaning from
Baghdad.
10)
(a) The Tana Kama requires Birchas Chasanim when one goes under the Chupah.
Rebbi Yehudah adds - that the Eirusin also requires Birchas Chasanim.
(b) Abaye confines Rebbi Yehudah's ruling to the province of Yehudah - where
the Chasan and Kalah would meet privately (and were likely to be intimate -
creating the need to recite Sheva B'rachos first [in order to avoid
contravening the Halachah 'Kalah be'Lo B'rachah Asurah le'Ba'alah
ke'Nidah']).
(c) The Tana Kama concedes that one recites - Birchas Eirusin at the
Eirusin.
(d) The source for the statement (in Birchas Eirusin) 've'Asar Lanu es
ha'Arusos' - is purely mi'de'Rabbanan, like we learned earlier 'Kalah be'Lo
B'rachah Asurah le'Ba'alah ke'Nidah'.
11)
(a) According to Rav Acha Brei de'Rava, one concludes Birchas Eirusin
'Baruch ... Mekadesh Yisrael al-yedei Chupah ve'Kidushin' because he
compares it to Kidush. Birchas Eirusin is similar to Kidush - both as
regards the length of the Berachah (inasmuch as it contains various phrases
in between the beginning and the end, and as regards its name - 'Kidushin'.
(b) Ravin and Rabah, sons of Rav Ada, rule that one does not conclude
Birchas Eirusin with a B'rachah - because it is similar to the B'rachos over
fruit and Mitzvos, inasmuch as the entire B'rachah is all thanks to Hashem,
and does contain any additional requests.
12)
One recites Birchas Chasanim all seven days, says Rav Yehudah - provided
there is at least one new person (who had not previously attended the
Simchah).
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