1)

ONES DOES NOT COUNT IN GITIN

(a)

Mid'Oraisa, if a Tnai was fulfilled due to Ones, the Get is invalid;

1.

Righteous women might refrain from remarrying, from concern lest there was an Ones, and the Get is invalid;

2.

Immoral women might deny that there was an Ones, even when they have heard or know that there was. They will remarry, and their children will be Mamzerim (bastards, who cannot marry those of legitimate lineage).

3.

To prevent both of these concerns, Chachamim decreed that in a case of Ones, the Get is valid.

(b)

Question: If the Torah disqualifies the Get, can Chachamim decree that it is valid, and permit a married woman to remarry?

(c)

Answer: Yes! Everyone who is Mekadesh stipulates that the marriage should be like Chachamim desire. In this case, Chachamim uproot the marriage.

(d)

Question: (Ravina): This is understandable for one who was Mekadesh with money (the Kidushin is uprooted, and the money is a gift);

1.

If he was Mekadesh with Bi'ah, how can we uproot it?

(e)

Answer (Rav Ashi): The marriage is uprooted. Retroactively, the Bi'ah was Znus (harlotry).

(f)

Version #2 (Rava): Also regarding Gitin, Ones exempts (i.e. the Get is invalid).

(g)

Question #1 (Mishnah): If he said 'this is your Get if I don't come within a year' and he died during the year, the Get is invalid.

1.

Inference: If he got sick, the Get is valid!

(h)

Answer #1: Even if he got sick, the Get is invalid. The Mishnah teaches that a Get cannot take effect after death.

(i)

Objection: The Reisha already taught this!

(j)

Answer #2: Rather, the Seifa teaches unlike Raboseinu. (We cannot infer that if he got sick the Get is valid.)

(k)

Question #2 (Seifa): If he said 'this Get should take effect from now if I don't come within a year' and he died during the year, the Get is valid.

1.

Inference: Also if he got sick, the Get is valid!

(l)

Rejection: Perhaps the Get is valid only if he dies, since his intent was that his wife not fall to Yibum.

(m)

Answer #3: A case occurred in which a man gave a Get on condition that he will 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.

(n)

Rejection: Perhaps 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 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: We require the Chasan to prepare the feast for three days!

(e)

Answer: We discuss a case in which he prepared.

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: Chachamim deliberated to help the Kalah, so that the Chasan will exert for three 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. Chachamim 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 Kalah on Shabbos night (if they have not yet had Bi'ah), since the first Bi'ah causes a wound.

(d)

Question: What danger does the Beraisa refer 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 that a virgin married on Wednesday must first have Bi'ah with the mayor.

(f)

Question: This is Ones, it is not a danger!

(g)

Answer: There are virtuous women who would resist, and be killed for doing so.

(h)

Question: We should publicize that if a woman is forced into adultery, she is permitted to her husband!

(i)

Answer: There are immoral women. (If we publicize the above law, they will willingly have Bi'ah. Their husbands will not know that their wives are forbidden.)

(j)

Also, there are wives of Kohanim, who become forbidden 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, Chachamim do not revoke their enactment due to the decree.

(m)

Question: If the danger is like Rava says, the mayor will come on Tuesday to have Bi'ah Rishonah with the virgin!

(n)

Answer: Since we do not formally enact Tuesday to be the day for the wedding, he is not sure that there is a wedding on Tuesday, so he will not bother to come.

4)

WHAT HAPPENS WHEN THERE IS ONES

(a)

Question: What is the Ones of the Beraisa?

1.

Suggestion: It is the mayor's decree.

2.

Rejection #1: Above it was called danger. Why is it called Ones now?

3.

Rejection #2: When there is that decree we said that the custom was to be married on Tuesday. Regarding Ones, we say that it is permitted!

(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 do we permit Monday? The Chupah should be on Tuesday!

(f)

Answer: His scouts are coming on Tuesday (they will confiscate food for him).

(g)

Answer #2: The Ones of the Beraisa is the death of the Chasan's father or the Kalah's mother.

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