Resources for Kesubos daf 43
1. The גמרא says that we can be מדייק from our משנה that gives two cases of a woman’s marriage ending that the שיטה of רבי is correct that after two times we can establish a חזקה that something will continue to happen. רש"י here explains that since her husband died twice it is dangerous for her to remarry since she has a חזקה of her husbands dying. רש"י seems to ignore the case where her marriage ended in divorce. However, רש"י in יבמות דף כ"ו in ד"ה תרי זומני says that after two times this woman is הוחזקה להתאלמן או להתגרש and therefore cannot remarry even after two divorces. תוספות there explicitly disagrees with רש"י and says גירושין was just mentioned אגב מיתה but even if she got divorced 100 times it cannot be attributed to her. The ריטב"א here agrees with תוספות and explains that the גמרא in יבמות gave two reasons why a woman cant remarry after two deaths: either because of מעין גורם (she has some disease that causes the husband to die) or because of מזל גורם. Both don’t apply by divorce since her body didn’t cause the divorce and you can’t even say מזל גורם since it is the husband who divorced her and not the other way around. The הפלאה has an interesting הערה: The ריב"ן mentioned in תוספות says that the four cases in the משנה of two אירוסיןs and two נישואיןs are all talking about one lady. If so, the הפלאה points out that the ריב"ן must hold like תוספות and the ריטב"א since she was first divorced from אירוסין, then divorced from נישואין, then remarried which according to רש"י wouldn’t have been allowed. The רמ"א in אבן העזר סימן ט brings both opinions of the ראשונים but says the עיקר is that she cant remarry only if her husband died twice. There is a fascinating תשובת רדב"ז brought in the פּתחי תשובה in אות ג where he was asked about a woman whose first husband died and then she remarried and the second husband (who must have been going on a dangerous business trip) gave her a גט on condition he didn’t return within a certain time and he in fact died before that time. The רדב"ז says that if the גט was given to be חל at the end of the time period and we know the husband died before that, then she is a קטלנית and cant remarry since two of her husbands died and marrying her is considered dangerous. However, if the גט was given מעכשיו then it’s חל למפרע and she’s not a קטלנית and she can remarry!
2. The משנה says that a father can marry of his daughter multiple times as long as there is no נישואין and he also gets the כתובה. The פּני יהושע asks how did the משנה know that the father retains his rights even after a terminated אירוסין? The only place we see this concept of her not leaving רשות האב after אירוסין is by הפרת נדרים, and by הפרת נדרים the גמרא required a פּסוק to tell you that she remains in her fathers רשות unless אירוסין was done. If so, how do we know it’s true by the father marrying her off and for the כתובה? If you want to say we learn it from הפרת נדרים (as תוספות said on דף ל"ט ע"א ד"ה הואיל), we still have an issue with the כתובה since we have a principle that you can’t learn איסור from ממון! He answers that even though there is a rule that you can’t learn איסור מממון, that is just about the עיקר הלכות. However, when it comes to just defining the details of what’s considered רשות אביה we can learn one from the other.
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