[Avodah] Contrahalachic Weddings and Yibum

[Micha Berger]

Y-mi Yavamos 1:2 6b discusses the case of a qetanah who is married to a
man who then grows up -- whether it's 2 sa'aros or further is part of
the sugya.

The question is whether mi'un is effective if niv'alah mishevi'ah shenei
sa'aros. R' Zeira says yes, Chevrayah (the Chakhamim) say no. R' Shimon
explains "al taanei qidushei rishon ba'al".

It would therefore seem to me that this is the same machloqes as we had
in the 20th cent between RMF and R' Henkin about whether a contrahalachic
wedding required a get. (Eg wedding by a rabbi who doesn't follow halakhah,
or a civil ceremony.)

RMF is holding like R' Shimon's explanation, that "al taanei qidushei
rishon" means that later bi'ah doesn't create a qiddushin -- R' Zeira's
shitah. And just as it doesn't create qiddushin after 2 sa'aros in the
gemara's case, it doesn't create qiddushin when the couple already think
of themselves as married because of a contrahalachic ceremony. R' Henkin
would be following the Chevrayah.

In his favor, RYH is following the rabim. OTOH, RMF is following what
may be the masqanah of the gemara, where R' Yitzhaq says that R' Zeira
is essentially correct, but since we don't want peritzus, we artificially
limit the maximum age for mi'un.

Tir'u baTov!
-Micha

-- 
Micha Berger             If a person does not recognize one's own worth,
micha at aishdas.org        how can he appreciate the worth of another?
http://www.aishdas.org             - Rabbi Yaakov Yosef of Polnoye,
Fax: (270) 514-1507                  author of Toldos Yaakov Yosef