[Avodah] Why the woman is makneh herself

[Chana Luntz]

RSW wrties:

> On 12/24/06, Chana Luntz <chana at kolsassoon.org.uk> wrote:
> 
> > As I have mentioned when the use of this phrase came up 
> previously, it
> > is very rash to take a rabbinic concept which has a particular
> > application, and apply it more generally, especially in a Torah
> > shebiktav context in situations where chazal and the 
> rishonim/achronim
> > never applied the concept.
> 
> If a concept is valid, then whether it has been explicitly expressed
> previously, should not matter. The concept would have been made use of
> because it is true.
> 

That is assuming that you indeed understand the concept.  But if the
rishonim and achronim don't generally refer to the concept and utilise
it in the way that you assume they should understanding the concept as
you do, then it suggests that in fact you do not understand the concept.

You are assuming that you know what nashim datan kalos means.  Based on
your understanding of what it means, you then explain a Torah halacha.
But if the rishonim and achronim do not use the concept in the way you
wish to do it, then it suggests that in fact you do not understand the
concept.  Try and think about it in a case with less emotive
conatations.  Think of a rabbinic concept (I dunno, chazaka, safek
d'rabbanan l'kula - I may not have thought of the best examples here)
and where it is used.  Would you then feel confident in explaining a
torah halacha based on a rabbinical concept such as these

> You say that the concept was specifically applied to yichud, but if
> you are willing to try to understand the underlying reasoning behind
> it, it would make sense to apply it to marriage as well.
> 

That is assuming your understanding of the underlying reasoning is
correct.  As I pointed out, in the very case of yichud, the rules are
*more relaxed* (at least according to tosphos and the Shulchan Aruch)
vis a vis marriage than not - which would seem proof positive that in
fact, whatever the concept means, one should not apply it to marriage.

> -Shmuel

Regards

Chana