tag:blogger.com,1999:blog-30932360.post3363899639121455745..comments2023-10-31T08:48:55.890-04:00Comments on Daf Yomi DafYomi Daf-Yomi: RETROACTIVELY NOT MARRIED AND THE CONSEQUENCES - Yevamos 90 - Daf YomiAvromihttp://www.blogger.com/profile/13593992238707872967noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-30932360.post-75295523463409338882007-08-02T16:30:00.000-04:002007-08-02T16:30:00.000-04:00I hear you.And yes, thank you; it's much appreciat...I hear you.<BR/><BR/>And yes, thank you; it's much appreciated.Avromihttps://www.blogger.com/profile/13593992238707872967noreply@blogger.comtag:blogger.com,1999:blog-30932360.post-71389104644176634942007-08-02T13:22:00.000-04:002007-08-02T13:22:00.000-04:00Thanks for your response,In my example, why couldn...Thanks for your response,<BR/><BR/>In my example, why couldn't the husband write the Get _After_ returning and finding his wife had remarried?<BR/><BR/>For example, a husband (Reuven) returns after many years to find that his wife had thought him to be dead, and remarried to Shimon. If the wife has a son with Shimon, the son suddenly finds himself to be a Mamzer.<BR/><BR/>If Reuven were to write a get, send it to his wife by Shaliach, and then cancel the get before it is delivered, according to the Halacha brought down by Rabbah (?), the marriage would retroactively be canceled, i.e., Reuven was never married to the woman, therefore she has a valid marriage with Shimon and the son would not be a Mamzer.<BR/><BR/>If we accept the concept of a retroactive nullification of a wedding (I realize that is a big “if”), this would seem like a way to solve a possible case of mamzerim.<BR/><BR/>BTW - I have added a link to you on my blog:<BR/>http://betweenjerusalemandtelaviv.blogspot.com/<BR/>Hope that this is OK.<BR/><BR/>Kol tov,<BR/><BR/>MichaelMichael Sedleyhttps://www.blogger.com/profile/02684514303911193073noreply@blogger.comtag:blogger.com,1999:blog-30932360.post-79385868638922658542007-08-02T12:41:00.000-04:002007-08-02T12:41:00.000-04:00This could also be used to matir an egunah, no?Jus...This could also be used to matir an egunah, no?<BR/><BR/>Just make the original marriage null and void. And, since bais din was about to let her get married anyway, there would not seem to be a concern that they were somehow destroying the original relationship with this action, because they're doing it anyway.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30932360.post-19957928954402665342007-08-02T11:21:00.000-04:002007-08-02T11:21:00.000-04:00Thank you, I will try.I have heard similar issues ...Thank you, I will try.<BR/><BR/>I have heard similar issues discussed in the past, but I don't have the Rishonim here available to see precisely where.<BR/><BR/>This is all based on the fact that it is retroactive. Like I wrote in the post, not all Rishonim agree to this. <BR/><BR/>There are many acharonim that prove that it must be mikan u'l'haba, not l'mafrea; Keren orah, shita Mekubetzes, and others.<BR/><BR/>Btw, in your example, why would we have thought to tell the husband to do that beforehand?Avromihttps://www.blogger.com/profile/13593992238707872967noreply@blogger.comtag:blogger.com,1999:blog-30932360.post-56090285717754720592007-08-02T10:39:00.000-04:002007-08-02T10:39:00.000-04:00Hi,I recently discovered your blog and am enjoying...Hi,<BR/><BR/>I recently discovered your blog and am enjoying it - keep up the good work.<BR/><BR/>You raised an interesting question about whether a woman could marry a Cohen if her marriage was retroactively dissolved.<BR/><BR/>On Monday the Rav at the Shiur I was attending asked a related question, which he said was discussed by the Rishonim, but he didn't have time to go into it - couldn't we use this Halacha to Matir mamzerim.<BR/><BR/>For example, if a Mamzer was born (maybe one of the cases discussed in the perek where the wife assumed that her first husband was dead), couldn't the husband write a get, send it by shaliach, and then before the get is delivered nullify the get. Wouldn't this retroactively nullify the original marriage and matir the child who is a Mamzer?<BR/><BR/>Have you seen any Reshonim who discuss this solution?<BR/><BR/>Kol tov,<BR/>MichaelMichael Sedleyhttps://www.blogger.com/profile/02684514303911193073noreply@blogger.com