[Avodah] KSA, MB, AhS, Chayei Adam and other codes

[Micha Berger]

On Fri, Aug 15, 2008 at 04:34:29PM -0400, Yitzhak Grossman wrote:
:> But speaking a little more broadly... Hafka'as qidushin was never invoked
:> the way RER did, with (1) no maaseh on the part of the husband, and (2)
:> in a case by case fashion. He's taking an idea that historically was a

: As I have previously pointed out, perhaps "almost never" but not
: necessarily "never"; see Darkei Moshe EH end of Siman 13....

DM on Tur 7:13 cites the case of a group of women who were captured in
Austria. The gemarah doesn't allow an eishes ish who was penuyah return
to her husband, and yet these women were allowed. The Rama suggests
that the rabbanim were mafkiim qidushin. R' Herzog says that wouldn't
have been sufficient, except as one half of a sefeiq sefeiqa. The other
safeiq being, not every shevuyah is raped. AND, this case is permitting
the lav of marrying a kohein, not eishes ish -- the stakes are lower. As
the Rama points out, they were going to live with the kohein either way;
so the stakes were really low -- do we find some way for them to do it
in a manner that might be beheter. As the Rama puts it "LEIS MIN DINA,
ela tzorekh sha'ah" (emphasis mine, of course).

It would also be worth seeing the Terumas haDeshen he cites.

Aside from that, the Rama's solution is beyond my comprehension. A
shevuyah who was never married can't marry a kohein either. Mah yo'il?

This is far from a stellar source, given that the Rama doesn't mention
it in the Mapa and he explicitly says it's not din. But you're right
that I was unaware of an important source.

Tir'u baTov!
-Micha

-- 
Micha Berger             "The worst thing that can happen to a
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