Menachem Av 18, 7581. July 27, 2021
1- We concluded the סוגיא of Breira and continued.
The Gemore reverses itself and states another reason Reb Meir says that one cannot use an animal as a Sukkah wall. It’s (not because the animal may die or run away, but) because the definition of a מחיצה is something made of a material that humans can construct. Such as stone…
That criterion excludes a wall made from animal.
2- The Gemore continues explaining the end of the Beraisa where Reb Yosi HaGlili says that one cannot write a divorce on an animal.
[In passing, we spoke about the Tosafos in Shabbos 152b, mentioned a few Shiurim ago, that the we find in Shas case studies of Halachos that are far fetched]
Our Gemara goes back and forth trying to explain the reasoning of Reb Yosi HaGlili and the opposing opinion of the חכמים that allow such a גט.
At one point the Gemore says that ‘one would think’ that just as with קידושין, to get married, one gives his bride כסף, similarly, one can divorce a wife with כסף!
Rashi explains that in theory it would work with the husband giving his wife כסף.
The Sfas Emes differs and says that logic would say that it would be the woman giving the husband כסף.
Why? When the marriage begins, the husband in a sense ‘buys’ her, with the כסף making the קנין.
When the divorce occurs, she is ‘buys’ herself back from him, therefore she needs to ‘pay’ her husband.
3- We mentioned the Rosh Yeshivaת in 770 for many years, Reb Yisroel Piekarski.
In his Shiurim would always he mentioned his illustrious Rebbe, Reb Arye Fromer, known as the Kozlogover Rov, who became the Rosh Yeshiva of the Yeshivas Chachmei Lublin after the passing of Reb Meir Shapiro. See a biography here.
In one of his shiurim Rabbi Piekarski said that his Rebbe had a novel idea to explain the concept of חופה. As we know, the marriage is a two step process.
Rabbi Piekarski at Kinus Torah in 770 in 5734/1974
First the קנין, which is usually done with כסף. The second is the couple living as one union in a home.
This second part is symbolized by the חופה with the bride and groom standing under one canopy and then entering the חדר יחוד.
But Rav says (Kesubos 3a) חופה can accomplish both step simultaneously.
The קנין and “living as one”.
How does חופה create a קנין? Suggests the Kozlogover Rov, that it acts like a חצר.
And just as one is קונה an animal by bringing it into his חצר, similarly one is קונה his wife with חופה – חצר……..
4- Our Gemore discusses the idea that the Torah calls the גט a ספר כריתות. Book of disengagement.
Does it mean it needs to be written on paper or parchment or any material works?
שטר גט- וואדג’אן מרוקו ת”ש
In general – what does ספר mean?
We mentioned in passing the famous case brought to the נודע ביהודה about a dispute of an estate.
In short – a father wrote in his will that he is gifting to one of his sons “half my house and my ספרים’. Included in his collection of ספרים, was a ספר תורה.
After his passing the other brother claimed that the ספר תורה was not included in his father’s gift since ספרים means only printed books!
See here – the נודע ביהודה shrugs of this reasoning
נודע ביהודה מג ,חושן משפט, מהדורה תנינא –
On the contrary, he writes, the word ספר means primarily a ספר תורה. We ‘borrow’ this word and use it for printed books.
5- Speaking of marriage and divorce, we mentioned the מאמר of the Alter Rebbe where he quotes the Midrash story of the couple that were childless and Rashbi suggested to them to get divorced. He added that this divorce should be done with the same fanfare as the wedding.
Here is a link to the מאמר.
We mentioned the humorous addition to this story from the Magid Sholom Shvadron about what they wrote on the invitation inviting all to the divorce party…]
6- We spoke of the weird results of a נדר being annulled. Ran in Nedorim, 85a. To be continued.
דהתנן המקדש האשה על תנאי שאין עליה או עליו נדרים ונמצאו עליה או עליו נדרים אינה מקודשת ומדקתני אינה מקודשת משמע שאינה מקודשת כלל ויכולה להנשא לאחר אע”ג דתניא התם הלכה אצל חכם והתירה וכן הוא שהלך אצל חכם והתירו מקודשת אלמא אע”ג דמצי מיתשיל וחיילי קדושי למפרע כל אימת דלא מיתשיל לא חיישינן דלמא מיתשיל
7 – We ended off with the Tosafos that mentions the story of Tamar who was the daughter of שם the son of נח.
בראשית רבה פה, י
אפרים מקשאה תלמידו של רבי מאיר אמר משום רבי מאיר תמר בתו של שם היתה דכתיב (ויקרא כא) ובת איש כהן לפיכך הוציאוה ותשרף
As a few pointed out, if one makes the calculation, Tamar, who married both of Yehuda’s sons was older that Yehuda himself!