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Does oines (circumstances beyond one's control) invalidate a conditional get? The shiur develops the Gemara (גמרא)'s analysis of whether someone who dies before fulfilling his condition creates a valid get. A key insight emerges about the relationship between oines and yibum obligations.
This shiur analyzes a complex sugya in Kesubos 2b dealing with the fundamental question of oines b'gittin - whether circumstances beyond one's control (oines) can invalidate a conditional get. The Gemara (גמרא) discusses a case where someone gives his wife a get conditional on his return within twelve months, but he dies before that time expires. Rashi (רש"י) and Tosafot present different approaches to understanding why death would not invalidate the get despite being the ultimate oines. Rashi explains that the conditional get was written specifically to free the wife from yibum obligations - therefore, when the husband dies (creating a yibum situation), he would not want to invoke oines since that would defeat the very purpose of the get. The husband anticipated this scenario and implicitly waived his right to claim oines in cases of death.
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Kesubos 2b
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
