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How does ones k'man d'ovid dami work in conditional gittin and kiddushin? The Rosh brings clear evidence from the Mishna that it doesn't create fictional fulfillment when the condition was never met. Rather, it extends deadlines when the action was done late due to force.
The shiur analyzes a fundamental disagreement between the Rosh and Ran regarding the principle of ones k'man d'ovid dami (a person under duress is considered as if he acted) in conditional gittin and kiddushin. The Rosh provides a clear logical framework: if someone says "im lo basi yehi get" (if I don't come, it should be a get), ones can prevent this from being considered fulfillment of the condition. However, if he says "im basi" (if I come), ones cannot create fictional coming - he simply didn't come. The Ran cites a Yerushalmi disagreement between Rav Yochanan and Reish Lakish regarding someone who says "harei at mekudeshes li" on condition that he makes nisuin within six months, but becomes sick. The Ran surprisingly argues that by kiddushin, even Rav Yochanan agrees ones k'man d'ovid dami, while by gittin he doesn't. The Ran's reasoning distinguishes unilateral actions (get) from bilateral agreements (kiddushin).
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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 2b
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