[Aspaqlaria] Comments for Aspaqlaria

[Comments for Aspaqlaria]

Comments for Aspaqlaria

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Comment on Halachic Process, interlude: What it isnt by Mike S
 
Posted: 09 Dec 2007 07:31 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16963


As you surmise, I was not intending to defend Rav Rackman, but to clarify exactly what was so radical about his psak.

There was some dispute about the ability of communities to prevent kiddushin from being chal by a takkanah, but I believe that we genrally pasken that such takkanos are enforced.  However, I do not believe kiddushin were nullified  lmafreya by the Rishonim or Acharonim, as you said.  Indeed, there would have been no need whatsoever to deal with the gittin of mshumadim, a substantial body of Shut literature, if the Rishonim and Acharonim felt they could just be mafkiya kiddushin lmafreya.




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Comment on Halachic Process, interlude: What it isnt by Mike S
 
Posted: 08 Dec 2007 08:56 PM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16952


Oops, off by a decade.  The Rav rakeffet Shiurim or 1994 and 1995, not 2004 and 5




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Comment on Halachic Process, interlude: What it isnt by micha
 
Posted: 08 Dec 2007 06:56 PM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16948


Since Im still in the 1990s, itll be a while before I get to those shiurim.  But youre right, I saw it was fairly common in the Middle Ages, misunderstood your it and didnt get your point.

So far, RAR noted that of the cases in the gemara, all share two properties:

1- They are rules set in advance. E.g. Anyone who weds in the marketplace. Or anyone who sends a get and invalidates it before the get reaches his wife.

2- They all involve an action, either a wedding ceremony that would otherwise have been valid, or a get that would otherwise have been invalid.

And there is a question as to whether anyone after the gemara, or perhaps after the end of the central authority of the geonim, could enact such laws.

Rabbi Rackmans usages seems to be unprecedented. But I think you would agree to that.

-micha

PS: The teshuvah you half remember Was it perhaps the Chacham Bashi about a Teimani wedding in the 1880s? Im not in the 20th cent yet, but since you only half remember and it seems to fit




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Comment on Halachic Process, interlude: What it isnt by Mike S
 
Posted: 08 Dec 2007 06:29 PM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16947


I dont have much time, but Shut Tashbatz 1:133 has a discussion of the difference between prospective and retrospective cases.  Rav Rakeffets lectures of 12/25/2005 and 1/1/2005 (and maybe a couple around them) discuss a couple of cases in Eretz Yisrael 100 years ago.




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