Wednesday, June 20, 2007

Yevamos 49b - Uprooting the Kiddushin

Rashi by sotah seems to view kiddushin as an ongoing process, so that when there is a contradiction between ervah and kiddushin, the kiddushin is automatically broken. So, if there is not tefisas kiddushin by a sotah (meaning she would be like an erva) then her marriage would automatically dissolve when she is mezaneh, from the fact that she is still married and needs a get, we see that there is tefisas kiddushin by a sotah. Tosafos asks, if so then by nidah why would we need a special pasuk saying that there is tefisas kiddushin, we should understand from simple logic that there is tefisas kiddushin from the fact that kiddushin does not dissolve when she becomes a nidah? A simple answer could be that perhaps by nidah kidushin would dissolve (if not for a pasuk teaching that there is tefisas kiddushin), but by sotah since we know she needs a get, clearly kiddushin does not dissolve, and from that we derive that there is tefisas kiddushin.
Another answer is that although it is obvious m'sevara that if kiddushin would not be tofeis by a sotah, it would automatically dissolve, that is bec. she will never again be mutar to her husband. But by a nidah where she won't be assur forever and will later become mutar to her husband, we wouldn't say m'sevara that the kidushin will dissolve.

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