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KESUVOS 3

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SUMMARY

An Ones does not affect the status of a Get because of the concern of Tzenu'os (modest women) and Perutzos (immodest women). (1)
 
When a man is Mekadesh a woman, he does so under the auspices of the Chachamim, and the Chachamim have the right to dissolve the Kidushin. (2)
 
Some say that Rava maintains that an Ones does effect the status of a Get. (3)
 
Prior to the Takanah of Ezra, Beis Din sat in judgment every day.
 
If Batei Dinim nowadays sit every day, a woman may get married any day of the week. (4)
 
As a result of the danger of the governmental decree, the people started marrying on Tuesday, and the Chachamim did not protest. (5)
 
If an Ones occurs, it is permitted to marry on Monday.
 
A wife who is raped is permitted to her husband, unless she is married to a Kohen.
 
We separate the Chasan and Kalah on Friday night so that they do not have their first Bi'ah on Shabbos. (6)
 
A governmental decree eventually is annulled and therefore the Chachamim do not annul their Takanah because of the decree.

A BIT MORE

1. If an Ones would affect the status of the Get, then even when there is no Ones the Tzenu'os might fear that it was an Ones and will hesitate to remarry. In a case where there was an Ones and the Get is not valid, the Perutzos might claim that there was no Ones and will get remarried.
 
2. If the man was Mekadesh with money, the Chachamim have the authority to turn the money into a gift (instead of money of Kidushin). If the man was Mekadesh with Bi'ah, the Chachamim have the authority to turn the Bi'ah into a Bi'as Znus.
 
3. If an Ones prevents the fulfillment of a condition, the Get will not be valid.
 
4. If they prepared the festive meal prior to Shabbos, they may get married on Sunday or Monday.
 
5. The decree was that a Besulah who gets married on Wednesday must have relations with the Hegmon first. This was regarded as a danger because the Tzenu'os would give up their lives rather than submit themselves to the Hegmon, even though they were not obligated to give up their lives.
 
6. This is avoided because of the prohibition of making a wound on Shabbos.

BRIEF INSIGHT

K'DAS MOSHE V'YISRAEL
 
The Gemara says that when a man is Mekadesh a woman, he does so under the auspices of the Chachamim, and the Chachamim have the authority to dissolve the Kidushin. Therefore, if a man gives his wife a Get on condition, and an Ones prevents him from fulfilling the condition, even though the Get is not valid the Rabanan dissolve the Kidushin retroactively, and thus it is as if she was never married. The Ramban says that even though the Get is not valid she is regarded as a divorcee mid'Rabanan and she is forbidden to marry a Kohen. The Rashba says that since a man knows that the Rabanan dissolve the Kidushin in a case of Ones, he has in mind -- when he makes the condition -- that even if an Ones prevents the fulfillment of the condition, the Get still should take effect. Therefore, even in a case of Ones she is regarded as a divorcee and is forbidden to a Kohen Min ha'Torah.

QUICK HALACHAH

A CONDITIONAL GET
 
If someone gives a Get and he says that if I do not return in 12 months the Get should go into effect and he did not use the words 'From now' or 'On condition' and he died before the 12 months are up, it is a Safek whether it is a valid Get and she must do Chalitzah, but not Yibum. (Shulchan Aruch EH 144:1)
 
The Safek is whether we say that the date in a document indicates that the document should go into effect retroactively from that date. (Beis Shmuel)

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