[Aspaqlaria] Comments for Aspaqlaria

[Comments for Aspaqlaria]

Comments for Aspaqlaria

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Comment on Halachic Process, interlude: What it isnt by micha
 
Posted: 06 Dec 2007 11:27 PM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16886


Mike,

I believe you are mistaken. I have been listening to over a year of weekly lectures given by R Rakeffet in 1993-1994 on the subject of hafkaas qedushin. It was never common. By the end of the eonic period, we have no record of it being used at all. Even the Rosh, who proposed such a taqanah did not actually apply it when the case came up halakhah lemaaseh. Similarly the Rashba, in his teshuvos. The Rashba simply concludes that if hafkaas qedushin were so easy  why do the last 2 chapters of Yevamos exist?

There is also a significant difference between saying a unified qehillah can pass a law that declares all future ceremonies of a certain format invalid (or an invalidation of a get declared as grounds for retroactive annulment) and annulling marriages on a casewise basis.

-micha




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Comment on Halachic Process, interlude: What it isnt by Mike S
 
Posted: 06 Dec 2007 08:41 PM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16879


I think you were a little careless in your discussion of nulifying marriages.  Rav Rackmans innovation was to nullify marriages retrospectively. It was fairly common in the Middle Ages, before our current practice of performing eirusin and Nissuin at the same ceremony, for communities to enact general takkanos prospectively nullifying marriages not made in accord with the takanah (any kiddushin not performed with a minyan was a pretty common one.)  There are a number of tshuvot of the Rishonim and Acharonim paskening that such takannos are valid and enforcable, and the girl (it was usually a girl and not a grown woman as the bride in these cases) did not require a get.  If I recall correctly Rav Kook wrote a tshuvah regarding the applicability of such a takkanah in the Sephardic community in Yerushalayim to kiddushin given in the marketplace elsewhere in Israel.




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