Monday, September 10, 2007

Kesubos 9a - Pesach Pasuach Matzasi

2 short points that were pointed out by two of the members of our daf yomi in palo alto:
1. According to Rabbeinu Tam in Tosafos 3b that relations with a non-jew does not assur a woman on her husband, even by a bas kohein and a girl who did kiddushin less than 3 yrs old, there should be a sfek sfeika, since we should have a safek maybe the bi'ah was with a goy? Tosafos asks a similar question why we don't use an additional safeik of mukas eitz, and answers that since it is not degrading for her, she should make such a claim if that were the case, from the fact that she doesn't we assume that it is not a mukas eitz. But, this answer will obviously not work for the safeik of bi'ah with a goy?
2. The gemara says that those who would go out to war in the time of dovid would write a gett to their wives, and tosafos explains rashi that the get would be on the condition that they do not return at the end of the war. Would this assume "ein o'nes b'gittin", since the condition is being fulfilled by them not returning due to an o'nes of being captured? It would seem that since this is the entire purpose of this gett, even if we hold "yeish o'nes b'gittin", the condition would be fulfilled.

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