Masechet Ketuvot 3a: why do we need two principles by which we invalidate his Kiddushin?

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Date:
November 25 2015
Length:
1h 10min 11s
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

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Collections: R' Berzon Ketuvot 2015

Description

The sugya in Ketuvot 3a operates with two principles by which we invalidate his Kiddushin, one - he married his wife with an implicit condition that the Chachamin will always approve of his Ishus; two - the Chachamim invalidate his Kiddushin by virtue of their power under the rule of הפקר בית דין הפקר. Why do we need both of these since each principle independently suffices to undermine his kiddushin? In this shiur we will discuss the concept of שטר and how it works. Is it הקנאת השטר, i.e. the transferal of ownership over the Shtar, or the מסירת השטר? Would the שטר be meaningful if it were איסורי הנאה? I.e. is there ownership over איסורי המאה?

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