The Gemora asks, is there any kind of get (halachic divorce document) that the Torah says is invalid, and due to the concern regarding modest or brazen women, we will permit the men in the world to marry what is essentially a married woman?! The Gemora answers that yes, it is possible, as there is a principle that whoever effects kiddushin does so based on the standards of the Rabbanan. The Rabbanan took away the kiddushin from this man (and therefore the woman is not married, although she never received a get).
The Rashba asks: Why is this case different than the case in Yevamos where a man fell into water that has no end? There, we rule that the wife will remain an agunah because the husband might have exited the water from a place that was not visible to us. Why don’t we say that the Rabbanan took away the kiddushin from them, and she may remarry another man?
He answers: The two cases are very different. Here, there was a get, except that it was written with a condition, and an uncertainty arose regarding the condition. Another example where the Rabbanan would revoke the kiddushin is where one witness is testifying on the woman’s behalf (that her husband died). However, when there is no get and no witness, the Rabbanan did not go ahead and remove a kiddushin.
The Gemora in Yevamos (110a) records an incident in Narsh where a girl was married off when she was a minor. When she became an adult, they sat her by a Chupah (wedding canopy, in order to validate the first marriage), and someone else snatched her away before the “wedding” (and made her his wife)! Rav Bruna and Rav Chananel, students of Rav, were present when this happened, and they did not even require her to have a get from the second “husband” (as his kiddushin is invalid).
Rav Ashi explains that being that the wife snatcher acted improperly, the Rabbanan therefore acted improperly with him and removed the validity of his kiddushin. (This is following the opinion of Rav, who maintains that for the marriage of a minor to become valid, she must have marital relations with her husband when she becomes an adult, and if not the marriage is invalid.)
The Rabbanan were empowered to remove the kiddushin in this case because he acted improperly in the beginning of the kiddushin.
Reb Yosef Engel in Gilyonei Hashas cites a Teshuvos haRashba who writes that we do not apply the principle of “Since he acted improperly, the Rabbanan acted improperly with him” only in places that are specifically mentioned in Chazal. The Sages did not annul the marriage in every case where one acts with trickery. This can be proven from a Gemora in Kiddushin (58b). The Gemora states: One who tells his friend to marry a woman for him (as an agent), and he goes ahead and marries her for himself, she is married to the second one. We do not say that since he acted improperly, the Chachamim invalidated his marriage.
This can be proven from the fact that even if one betroths a woman who is subject to a negative prohibition, kiddushin, nevertheless takes effect. This is also true if someone marries a woman who is a secondary ervah to him. Obviously, sometimes this principle is applied, and sometimes, it isn’t.
The Rashba asks: Why is this case different than the case in Yevamos where a man fell into water that has no end? There, we rule that the wife will remain an agunah because the husband might have exited the water from a place that was not visible to us. Why don’t we say that the Rabbanan took away the kiddushin from them, and she may remarry another man?
He answers: The two cases are very different. Here, there was a get, except that it was written with a condition, and an uncertainty arose regarding the condition. Another example where the Rabbanan would revoke the kiddushin is where one witness is testifying on the woman’s behalf (that her husband died). However, when there is no get and no witness, the Rabbanan did not go ahead and remove a kiddushin.
The Gemora in Yevamos (110a) records an incident in Narsh where a girl was married off when she was a minor. When she became an adult, they sat her by a Chupah (wedding canopy, in order to validate the first marriage), and someone else snatched her away before the “wedding” (and made her his wife)! Rav Bruna and Rav Chananel, students of Rav, were present when this happened, and they did not even require her to have a get from the second “husband” (as his kiddushin is invalid).
Rav Ashi explains that being that the wife snatcher acted improperly, the Rabbanan therefore acted improperly with him and removed the validity of his kiddushin. (This is following the opinion of Rav, who maintains that for the marriage of a minor to become valid, she must have marital relations with her husband when she becomes an adult, and if not the marriage is invalid.)
The Rabbanan were empowered to remove the kiddushin in this case because he acted improperly in the beginning of the kiddushin.
Reb Yosef Engel in Gilyonei Hashas cites a Teshuvos haRashba who writes that we do not apply the principle of “Since he acted improperly, the Rabbanan acted improperly with him” only in places that are specifically mentioned in Chazal. The Sages did not annul the marriage in every case where one acts with trickery. This can be proven from a Gemora in Kiddushin (58b). The Gemora states: One who tells his friend to marry a woman for him (as an agent), and he goes ahead and marries her for himself, she is married to the second one. We do not say that since he acted improperly, the Chachamim invalidated his marriage.
This can be proven from the fact that even if one betroths a woman who is subject to a negative prohibition, kiddushin, nevertheless takes effect. This is also true if someone marries a woman who is a secondary ervah to him. Obviously, sometimes this principle is applied, and sometimes, it isn’t.
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