(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

Kesuvos 3

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.

(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 emotional 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) 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.) It if 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 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). 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.)

2) [line 8] V'AFKE'INHU RABANAN L'KIDUSHIN - and the Chachamim uprooted the Kidushin retroactively

3) [line 29] L'ASNUYEI - to make a stipulation
4) [line 31] TAKANAS EZRA - the enactment of the Beis Din of Ezra
5) [last line] D'TERI'ACH LEHU - the groom made the necessary arrangements before Shabbos (making a wedding possible even on Yom Rishon or Yom Sheni)


6) [line 14] NAHAGU?? LEGAMREI NI'AKREI!! - It became *customary* [to get married on Yom Shelishi]?? It (getting married on Yom Revi'i) should have been completely abolished!!

7) [line 28] ISPARVA DIDEI - the commander's forerunners (those servants who are responsible for providing rations for the commander and his soldiers)

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,