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Why don't kiddushei kesef get retroactively cancelled when forced by circumstances? The shiur develops the Rambam (רמב"ם)'s revolutionary approach that kesef creates only civil acquisition while spiritual ishus comes later. This explains why ein onnes b'gittin produces a valid divorce rather than retroactive cancellation.
This shiur analyzes the complex Gemara (גמרא) in Kesubos 3a regarding the principle of "kol mekadesh al daas d'rabbanan mekadesh" and its application to different forms of kiddushin. The Gemara presents a fundamental shakla v'tarya about whether Chachamim can retroactively uproot marriages, particularly distinguishing between kiddushei kesef and kiddushei bi'ah. Rashi (רש"י) and the early authorities learned that kiddushei kesef is only d'rabbanan, leading to serious difficulties. If the marriage was never valid mid'oraisa, how can there be capital punishment for adultery, and why would she need to bring a korban for inadvertent relations? The Rashbam suggests the marriage is uprooted retroactively (nekul l'mafrei'a), but this creates impossible halachic consequences - a kohen could marry her, and the husband could marry her sister.
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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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