No community start suggestion yet.
If a husband gives a conditional get saying 'if I don't return within twelve months, this is your divorce,' does unavoidable illness or other oines invalidate the condition? The shiur traces the sugya through Rashi (רש"י)'s framework that oines questions whether an act is truly 'his act,' but shows this creates new difficulties about the nature of conditional statements and personal intention in halacha (הלכה).
This shiur analyzes a complex sugya in Kesubos 2a dealing with the principle of 'ein oines b'gittin' - that circumstances beyond one's control (oines) don't invalidate conditional divorces. The Gemara (גמרא) discusses a case where a husband gives his wife a conditional get, stating 'if I don't return within twelve months, this should be your divorce.' The fundamental question is whether oines (unavoidable circumstances like illness) prevents the fulfillment of such conditions. The discussion begins with Rav Yosef's position regarding mezonos (support obligations). When the time comes for marriage and the groom cannot marry due to oines (sickness, his bride being a nida, etc.), the Chachamim don't obligate him to pay mezonos because the inability to marry was beyond his control. However, Rava challenges this by stating that in gittin (divorce), oines doesn't work the same way - even if a husband fails to return due to circumstances beyond his control, the conditional get remains valid.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Kesubos 2a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.