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

[Yitzhak Grossman]

On Mon, 18 Aug 2008 18:09:49 -0400
Micha Berger <micha at aishdas.org> wrote:

> 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

My previous email incorrectly had "Siman 13"; it is actually at the end
of Siman 7, as you say.

> 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

Okay, but then this could still serve as a precedent for using the sort
of afke'inhu under discussion as a s'nif where there are other bases
for leniency.

...

> 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?

>From my email during a previous iteration of this discussion:

> On Thu, 8 Nov 2007 14:29:10 -0000
> "Chana Luntz" <chana at kolsassoon.org.uk> wrote:

...

> > B) How would afkinu help for Cohanim anyway, whether she was considered
> > married to her husband the Cohen at the time or not, the problem of
> > zonah would surely still exist?
> 
> Quite a baffling question indeed; the Avnei Mi'luim [9] asks it and has
> no solution.  Ozar Ha'poskim [10] cites a couple of resolutions, but in
> my quick perusal, neither of them seemed particularly compelling.

...

> [9] EH 7:11 (5)
> [10] ibid.

Yitzhak
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