Tuesday, September 04, 2007

Kesubos 4a - Father of Choson and Mother of the Kallah

The gemara says that if there is a sudden death of the primary figures responsible for the wedding party and it will cause a serious loss, the procedure will be: 1. B'ilas mitzvah. 2. Kevurah. 3. Sheva Brachos. 4. Shiva.
The Taz (Y.D. 342) question what the din would be if there was a sudden death immediately following the chuppah, prior to the b'ilas mitzvah? The approach of the Taz is: A. The heter for b'ilas mitzvah to be done in aninus is the loss of the seudah, and since that has already been done there is no rationale to allow b'ilas mitzvah until after shiva. B. Although the chupah is the mechayev in sheva brachos and therefore sheva brachos should go first and then shiva, but he is mechadesh that since sheva brachos was instituted for the benefit of the choson and kallah, they have a right to do shiva first and then sheva brachos, since if they would do the reverse the bi'as mitzvah would be pushed of for 14 days (rather than 7 days).
However, the Nekudos Hakesef quotes from Rabbeinu Yerucham a machlokes between the R"i Geius and the Rosh. The R"i geius maintains that really the chupah is the cause for sheva brachos (so long as the chupah was done b'simcha prior to the death, but in the case of the gemara where the death occured prior to the chupah, the bi'as mitzvah is necessary as cause for sheva brachos). Therefore, if a relative died after the chupah, the sheva brachos must go first. But the Rosh argues and says that the bi'as mitzvah is the cause for the sheva brachos, and since it cannot be done, the shiva would be first, followed by bi'as mitzvah and sheva brachos.
It seems that both the Taz and Nekudas Hakesef ultimately agree that bi'as mitzvah can't be done, and shiva comes before sheva brachos, but for different reasons. The rationale of the Taz is that even though the chupah causes sheva brachos, one has a right to forgo on the sheva brachos and do it later. Whereas the Nekudos Hakesef assumes that the bi'as mitzvah is the real cause for the sheva brachos.

1 comment:

Avi Lebowitz said...

One more point:
In the case here the taz and shach (nekudos hakesef) both seem to concur that the bi'as mitzvah is the cause for the sheva brachos (at least in this case where the simcha of the chupah was limited due to the misah that proceeded it). However, it seems to me that this may be a machlokes rashi and tosafos. Rashi (bottom of 3b) seems to imply that they were matir the chupah and bi'ah in the stage of aninus, rather than after the kevurah, since if the kevurah is done first the result will be that shiva preceeds sheva brachos (which defeats the whole purpose since the food preparations were for sheva brachos as well). But Tosafos 4a d.h. bo'el, seems to hold that the bi'as mitzvah is done b'aninus rather than after kevurah since it is assur after the kevurah (devarim shebitzina are noheig). This implies that the bi'as mitvah prior to the kevurah is not necessary to allow shevar brachos to proceed the shiva, just that there is a greater issur to allow the bi'ah after the kevurah.