Kesubos - Daf 2
- בתולה נשאת ליום הרביעי שאם היה לו טענת בתולים היה משכים לבית דין
The opening Mishnah of the Masechta states: בתולה נשאת ליום הרביעי ואלמנה ליום החמישי – A besulah is married on Wednesday, and an almanah is married on Thursday. It then explains why a besulah is married on a Wednesday. שפעמים בשבת בתי דינין יושבין בעיירות ביום השני וביום החמישי – For twice a week Batei Dinim are in session in the cities, on Mondays and Thursdays, שאם היה לו טענת בתולים היה משכים לבית דין – so that if he should have a claim regarding her status as a besulah, he would arise early in the morning to go to Beis Din. Rashi explains that this is a takanah that the Rabbanon enacted, so that he should get to Beis Din while he is still angry. We are concerned that if there is a delay, then he might be appeased, his anger will subside, and then he will remain with her even though there is a possibility that she had an adulterous relationship after they got engaged, in which case she would be forbidden to him. Going to Beis Din will publicize the matter, which might result in witnesses stepping forward that she is guilty.
- שקדו חכמים על תקנת בנות ישראל שיהא טורח בסעודה שלשה ימים
Rav Yehudah said in the name of Shmuel: Why did the Rabbanon say that a besulah is married on Wednesday and not on Sunday as well, when the husband could also go early to Beis Din on Monday? שקדו חכמים על תקנת בנות ישראל שיהא טורח בסעודה שלשה ימים – The Chochomim were hardworking in seeing to the well-being of Jewish women, that the future husband will busy himself preparing for the seudah for three consecutive days, Sunday, Monday and Tuesday, וברביעי כונסה – and then marry her on Wednesday. Now that we have learned the reason of שקדו, that the Chochomim were hardworking for the welfare of the Jewish women, and required the wedding take place on Wednesday, it follows that when a later Mishnah stated: הגיע זמן ולא נישאו אוכלות משלו ואוכלות בתרומה – If the designated time to get married had arrived, and they still did not get married, they (referring to the kallahs), eat of their husbands’ food and terumah, that if the designated time arrived on a Sunday, מתוך שאינו יכול לכנוס אינו מעלה לה מזונות – since the husband is not able to marry her due to the takanah, he does not have to provide her with food until Wednesday.
- Rava’s sevarah for why אין אונסין בגיטין
Rav Yosef inferred from the above discussion, that if the chosson or kallah became ill, or she began to menstruate, and the wedding had to be postponed due to circumstances beyond the chosson’s control, then he would not need to provide her with food. Rava said: ולענין גיטין אינו כן – regarding gittin this is not so. Rashi explains that if one gave his wife a get on condition that it would only be a get if he failed to arrive home by a certain date, and then he failed to do so due to circumstances beyond his control, the get is valid, and he cannot say he was an אונס. The Gemara says that apparently Rava holds אין אונס בגיטין, and seeks to know where he derived this. The Gemara concludes that Rava based it on his own sevarah. Really the get is not valid, but the Rabbanon were metaken that it is valid משום צנועות ומשום פרוצות – out of concern for modest women and brazen women. It was out of concern for tzenuos for if it was not a valid get if the husband was an אונס, then there will be cases where he was not an אונס but his tzenua wife will assume he was and will remain an agunah. And it was out of concern for פרוצות, for if he was constrained, and the get was not valid, she will say he was not constrained, the get is valid and will then go marry someone else. When it is discovered that he was constrained, the get will be batel and her children from her new husband will be mamzerim.
