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13) [line 10] 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 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 to Kesuvos 3:1) 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 to Kesuvos 3a.) It is 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 (ibid.) 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 ibid.). 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.) 14) [line 11] V'AFKE'INHU RABANAN L'KIDUSHIN - and the Chachamim uprooted the Kidushin [retroactively] 15) [line 16] HIKISHO NACHASH - a snake bit him 16) [line 19] SHALCHU MI'TAM - the Chachamim sent [a teaching] from there (from Eretz Yisrael to Bavel) 17) [line 19] ACHLO ARI, EIN LANU - [in a case where] a lion ate him, we do not have [any reason to assume that the Get is valid] (RASHI). The RAMBAM (Hilchos Gerushin 9:18) says that although they had no reason to validate the Get, they also had no reason to invalidate it, and thus it remains a doubtful Get. 18a) [line 20] D'ZAVIN AR'A L'CHAVREI - who sold land to his friend b) [line 20] KABIL ALEI KOL ONSA D'MISYALID - he accepted upon himself any accident that might come about 19) [line 21] APIKU BAH NAHARA - they brought through it (the land) a river (at the king's order) 20) [line 22] ZIL SHAFI LEI - go be at peace with him (i.e. let the buyer have the land) 21) [line 24] ONSA D'LO SHECHI'ACH - it is an accident that is rare 22) [line 25] IGALGEL MILSA - the matter went around (unanswered) 23) [line 30] LO MOSVINAN TIYUVTA MINEI - we cannot ask a contradiction from it?! 24) [line 33] MESHABESHTA - it is faulty, incorrect 25) [line 33] SEVARA - logic 26) [line 34] ZAVAN SHUMSHEMEI A'GIDA D'NEHAR MALKA - bought sesame seeds on the bank of the River Malka 27) [line 35] AGUR MALACHEI L'ABURINHU - they hired boaters to transport them 28) [line 37] ISTAKAR - (O.F. escluse) [the river] became stopped-up 29) [line 37] AGURU CHAMAREI - hire donkey drivers 30) [line 38] AFKE'INHU NIHALAN - bring them (the sesame seeds) to us 31) [line 40] KAKEI CHIVREI MESHALCHEI GELIMEI D'INSHEI - you white geese (i.e. old men) who strip the shirts off of people's backs 32) [line 43] LIBAH GAS BAH - she (the wife) is familiar with her (i.e. her maidservant, and thus would not be embarrassed to do private things in her presence)
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