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


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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) The Rabbanan can validate a Get that min ha'Torah, is not valid - due to the fact that anyone who marries, does so according to the whim of the Rabbanan (that the Kidushin's validity depends upon their decision).

(b) This is easily understood by Kidushei Kesef - where we can say that the Chachamim rendered the money Hefker, but what do they do if the man betrothed the woman with Bi'ah?

(c) We explain that - even by Kidushei Bi'ah, the Rabbanan made the Bi'ah a Bi'as Z'nus.

2) In the second Lashon, Rava compares Gitin to Kidushin ('Yesh O'nes be'Gitin'). We deal with the three cases that we cited in the first Lashon using reverse arguments (what was before a proof, is now a Kashya ... ). We conclude that the Mishnah in Gitin ...
1. ... 'Im Lo Ba'si mi'Kahn ve'ad Sh'neim-Asar Chodesh, u'Meis be'Toch Sh'neim-Asar Chodesh, Ein Zeh Get' - incorporates Chalah, and the Tana mentions 'Meis' to teach us 'Ein Get le'Achar Misah'.
2. ... 'me'Achshav im Lo Ba'si mi'Kahn ve'ad Sh'neim-Asar Chodesh, u'Meis be'Toch Sh'neim-Asar Chodesh, Harei Zeh Get' - refers specifically to 'Meis' (because the husband wants to exempt his wife from having to perform Yibum), but not to Chalah' (because 'Yesh O'nes be'Gitin').
(a) Rav Shmuel bar Yitzchak states that the Din in our Mishnah 'Besulah Niseis' applies only to the era of Ezra and onwards, when Beis-Din began convening on Monday and Thursday, but not before. He told us this, in spite of the principle 'What has passed, has passed' - to indicate that the same will apply today to any town where Beis-Din do not convene on Monday and Thursday.

(b) Consequently - nowadays, a Besulah may marry any day of the week.

(c) Takanas 'Shakdu' is still maintained - because one may only marry on another day provided he spent at least three days (including days prior to Shabbos) preparing.

(d) We need to ask 'Mai Shakdu?' and then to cite a Beraisa, despite the fact that earlier, we cited Shmuel - because, if 'Shakdu' would not be a Mishnah or Beraisa, how could we ask 'What happened to Takanas 'Shakdu' (as if it was sacrosanct)?




(a) The people adopted the custom in the time of danger - to get married on Tuesday. The Chachamim's reaction to this - was to turn a blind eye to it.

(b) They permitted them to marry even on Monday - when there was an O'nes (which will be explained shortly).

(c) The same Beraisa informs us that they would separate the Chasan and Kalah (if she was a Besulah) on Friday night - if they were due to perform their first Bi'ah, because drawing blood involves making a wound.

(a) If the time of danger were to refer to a decree that anyone who married on Wednesday would be killed - then why did Chazal not revoke the Takanah to marry on Wednesday altogether (Surely Piku'ach Nefesh takes precedence over a Takanas Chachamim).

(b) In fact, explains Rabah, it refers to the decree - that every virgin who married on Wednesday had first to make Bi'ah with the Nochri administrator.

(c) Even though it is referred to as 'danger' because of the Tz'nu'os who gave up their lives rather than acquiesce to such a terrible decree, they did not just teach them that O'nes is permitted - because of those immoral women who would acquiesce willingly and then maintain that they had done so be'O'nes; and because of the Kohanos (who are forbidden to their husbands even be'O'nes), who would nevertheless give-up their lives rather than become forbidden to their husbands. That is why they preferred to let the people unofficially change the Minhag.

(d) They did not revoke the Takanah of 'Besulah Niseis ... ' in face of the decree - because, they reckoned, sooner or later, the decree would come to an end (which is the reason that one does not revoke a Takanah on account of a decree).

6) The women reckoned that if they married on Tuesday, they were safe from the decree - because they knew that the administrator would not take the trouble to enter the town on the off-chance that there may be a wedding that day (only if it was a fixed Takanas Chachamim).


(a) The Tana of the Beraisa permits the Besulos to marry even on Monday, when there is an O'nes. This cannot be referring to the decree of which we spoke earlier - because, why then, would they refer to it before as 'danger', and here as 'O'nes'? And besides, before the Tana said that they adopted the custom, and here, that it is permitted?

(b) Rava therefore explains - that it refers to the commander of the army who would enter the town during the latter part of the week, and, based on the Takanah that the Besulos marry on Wednesday, he would confiscate all the food that they had prepared for the wedding-feast.

(c) We do not just postpone the wedding until the following Wednesday - because we are speaking when the commander came to town intending to stay for a while.

(d) Nor do we permit them to marry already on Monday - because his servants tended to come into town a day earlier (on Tuesday) to prepare for his arrival (and they too, would be on the lookout for good food for the commander).

(a) In a second explanation, we interpret O'nes to mean that the Chasan's father or the Kalah's mother died on Monday. We then permit them to marry on Monday - because otherwise, they will become Aveilim, and be forbidden to get married, and we are speaking when the animals have already been Shechted, the bread baked and the wine, diluted, in which case, it cannot be kept until after the termination of the Aveilus.

(b) The procedure is - that they move the deceased into a side-room, and go ahead and take the Chasan and Kalah under the Chupah. After the Be'ilas Mitzvah, he separates from his wife, and they then celebrate the seven days of Sheva B'rachos.

(c) The Chasan and Kalah begin the seven days of Aveilus - after the termination of the seven days of Sheva B'rachos.

(d) It is specifically when the father of the Chasan and the mother of the Kalah die - that we permit the Chasan and the Kalah to marry even on Monday, because it is the father of the Chasan who prepares the wedding-feast, and the mother of the Kalah who prepares the Kalah's make-up (and in the event of their not being used now, and their having to be re-done after the mourning period, there will be no-one to prepare them).

9) Despite the fact that the seven days of rejoicing over-ride the seven days of mourning - we nevertheless obligate the Chasan and Kalah to sleep separately, because 'D'varim she'be'Tzin'ah Noheg' ('Discreet acts of mourning, remain forbidden - it is only acts of mourning that are performed in public that are overruled by the days of rejoicing.

Next daf


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