Kesubos - Daf 3
- כל דמקדש אדעתא דרבנן מקדש ואפקעינהו רבנן לקידושי מיניה
We learned that the Rabbanon decreed אין אונס בגיטין, that the fact that a husband was an אונס and was not able to return in time, does not make the get invalid. This was so צנועות should not fear of remarrying and so that פרוצות should not enter a wrongful marriage. The Gemara here asks: ומי איכא מידי דמדאורייתא לא להוי גט ומשום צנועות ומשום פרוצות שרינן אשת איש לעלמא – Is there such a thing where mid’Oraysa, it is not a valid get, and yet, out of concern for tzenuos or perutzos we permit a married woman to the world at large that she can marry someone else? Rashi explains that we learn that the Torah does not hold an אונס responsible for his actions, from the passuk regarding a נערה מאורסה – a betrothed maiden who was raped. The passuk states: ולנערה לא תעשה דבר – But to the maiden you shall do nothing, the maiden has committed no sin. The Gemara answers that the decree permits her to marry, because כל דמקדש אדעתא דרבנן מקדש ואפקעינהו רבנן לקידושי מיניה – whoever is mekadesh does so according to the will of the Rabbis, and in this case, the Rabbis uprooted his kiddushin. Rav Ashi explained to Ravina that this is so, even with a kiddushin through ביאה, for the Rabbanon render his ביאה a בעילת זנות – a promiscuous biah.
- Women could get married any day in places where batei dinim sat in judgment daily
Rav Shmuel bar Yitzchak said: לא שנו אלא מתקנת עזרא ואילך - This ruling regarding marrying a besulah on Wednesday was taught only from Ezra’s takanah and onward, but before then, when batei dinim would sit every day, אשה נשאת בכל יום – a woman could get married any day. When the Gemara asks what the point is there to say what the halachah was before the takanah, it answers that what Rav Shmuel bar Yitzchak meant was that if presently there are batei dinim in certain places that sit in judgment every day, like they did before the takanah, then women could get married any day. When the Gemara questions how this could be permitted since the Rabbanon still required שקדו, that preparations for the wedding should be at least three weekdays, it answers that this was referring to a case דטרח ליה – where he busied himself with preparations before Shabbos.
- When it became dangerous to marry on a Wednesday, people began to marry on a Tuesday
The Gemara brings a Baraisa that relates: ומסכנה ואילך נהגו העם לכנוס בשלישי ולא מיחו בידם חכמים – and from the time of sakanah and onward, when it became dangerous to marry on a Wednesday, and the people began to marry on Tuesday, the Chochomim did not protest. Even then one should not marry on Monday. Rashi explains that whereas permitting the wedding on Tuesday provides the chosson at least two days to prepare, marrying on a Monday would only give him one day to do so. But if there is some אונס, then even marrying on Monday would be permitted. When the Gemara suggests that if there is a mortal danger, they should completely abolish the takanah, Rabbah said that the decree was that the government said that a besulah that married on a Wednesday תיבעל להגמון תחלה – should have relations with the governor first. Since it was not a mortal danger, the Rabbanon did not abolish their takanah. When the Gemara questions what mortal danger is there, it is only a rape, it answers that the tzenuos would give up their lives instead of letting themselves be raped. The Gemara asks, that we can just teach them that they will still be mutar to their husbands, and answers that there is still a problem of perutzos, who will have relations willingly, and thereby become forbidden to their husbands , and the wives of Kohanim, who are not permitted to go back to their husbands. The Gemara concludes that the reason they did not abolish Wednesday weddings, is that a government decree will eventually be revoked, and therefore we do not abolish a takanah d’Rabbanon in the face of a decree.
