POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 74
11) WHEN ARE RELATIONS INTENDED TO MAKE ENGAGEMENT?
(a) Question: This is as a case of an error by 1 woman, and
12) WHEN DO RELATIONS NECESSITATE A GET?
(b) Answer: Here also, they argue as follows. The 1st Tana
holds, a man knows that engagement of a minor is not
mi'Dioraisa; when he had relations, he intended that they
should make engagement.
(c) R. Eliezer holds, a man thinks that engagement of a minor
is mi'Dioraisa; when he had relations, he assumed he was
already engaged, and did not intend that relations should
(d) (Rav Acha Bar Yakov): One who makes engagement on
condition and has relations, all agree that a Get is not
(e) Question (Rav Acha Brei d'Rav Ika - Beraisa): A mistaken
Chalitzah is valid.
1. Question: What is a mistaken Chalitzah?
(f) Summation of question: We see, since he does the act of
Chalitzah, he pardons the condition - here also, since he
has relations, he pardons his condition!
2. Answer #1 (Reish Lakish): They tell the Yavam, do
Chalitzah, and you will be permitted to do Yibum.
i. Objection (R. Yochanan - Beraisa): Whether he
intended for Chalitzah but she didn't, or she
intended but he didn't, the Chalitzah is
invalid, unless both have intention.
3. Answer #2 (R. Yochanan): They tell the Yavam, do
Chalitzah on condition that she will give you 200
(g) Answer (Rav Acha Bar Yakov): Do you think this is a good
1. All conditions are learned from the tribes of Gad and
Reuven (that were given Ever ha'Yarden on condition
that they help conquer Eretz Yisrael).
(h) Question: But relations cannot be performed by a
messenger, and one can put a condition on engagement
2. If the action (subject to condition) can be
fulfilled by a messenger, the condition is binding;
if not, the condition is void.
(i) Answer: That is because a verse teaches that all acts of
engagement have the same law.
(a) (Ula): One that makes engagement with a loan and had
relations, or engaged on condition and had relations, or
engaged with less than a Prutah and had relations - all
agree, she needs a Get.
(b) (Rav Yosef Bar Aba): One that makes engagement with less
than a Prutah and had relations - all agree, she needs a
1. In this case, a person does not err (and intends for
engagement, since he knows that the 1st engagement
was invalid), but in the other cases of Ula, a
person errs, and a Get is not needed.
(c) (Rav Kahana): A man that engages on condition, and has
relations - she needs a Get;
1. There was a case, and Chachamim could not permit her
without a Get.
(d) This is unlike the following Tana.
1. (R. Yishmael): "She (an adulterer) was not grabbed"
- she is forbidden; there is another case, even
though she was not grabbed, she is permitted - this
is one whose engagement was erroneous, even though
she has a son on her shoulder, she may leave her
husband without a Get.
13) IF THE VOW WAS UNDONE
(a) (Beraisa): (A woman was engaged on condition that she has
no vows or blemishes. If she had a vow, and) went to a
Chacham and he permitted her vow, she is engaged; (If she
had a blemish and) went to a doctor and he removed the
blemish, she is not engaged.
(b) Question: What is the difference?
(c) Answer: A Chacham uproots the vow retroactively; a
doctor's cure is not retroactive.
(d) Contradiction (Beraisa): If she went to a Chacham and he
permitted her vow, or to a doctor and he removed the
blemish, she is not engaged.
(e) Answer #1 (Rabah): The 1st Beraisa is as R. Meir, the
latter, as R. Elazar.
1. R. Meir says, a man does not mind if his wife is
shamed by having to go to Beis Din; R. Elazar says,
a man does not want his wife to be shamed by going
to Beis Din.
2. Question: How do we know that they say this?
3. Answer (Mishnah): A man that divorces his wife
because of a vow she made, or because of her bad
reputation, may not remarry her;
4. R. Yehudah says, if many knew about the vow, he may
not remarry her; if not, he may remarry her;
5. R. Meir says, if the vow can only be annulled by a
Chacham (i.e. the husband cannot annul it), he may
not remarry her; if the husband can annul it, he may
6. R. Elazar says, we only prohibited him from
remarrying her in the case when a Chacham is needed
on account of the case when a Chacham is not needed.
7. Question: What is the reason of R. Yehudah (that a
vow made in public cannot be annulled)?