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Does kol hamekadeish al daas Rabanan mekadeish require religious consent or sovereign recognition? The shiur develops two approaches: Tosafot views it as requiring religious compliance (invalidating improper conduct), while Rashi (רש"י) sees it as seeking state authority to enforce marital rights. This distinction explains their disagreement about applying the principle to cases of shaloh kehogen.
The shiur analyzes the fundamental principle of kol hamekadeish al daas Rabanan mekadeish and explores what "daas Rabanan" actually means. The Gemara (גמרא) in Kesubos 3a discusses a case where there is oneis (duress) in a get, creating the problem of potentially permitting an eishet ish to the world. The Gemara resolves this through the principle that all marriages are conducted al daas Rabanan, allowing the Rabbanan to retroactively nullify the kiddushin. The core dispute centers on what constitutes "daas Rabanan." Tosafot distinguishes between cases where kiddushin was done improperly initially (like forcing a woman to marry) versus cases where proper kiddushin later encounters problems (like our get case). In improper cases, Tosafot says we use the power of hefker beis din hefker, while in proper cases we need kol hamekadeish al daas Rabanan. Crucially, Tosafot argues that when someone acts shaloh kehogen (improperly), they are not acting al daas Rabanan, so the principle cannot apply.
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Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
Why does the Gemara praise hospitality to scholars as a unique mitzvah rather than ordinary hachnasas orchim? The shiur distinguishes two mitzvahs: hachnasas orchim (providing for those in need) and connecting to talmidei chachamim (cleaving to God through scholars). Yisro's meal for the Jewish leaders wasn't charity—it was his way of bonding with those transformed by Torah, teaching that learning must fundamentally change who we are.
Kesubos 3a
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