Monday, September 03, 2007

Daf Yomi Yevamot: Begin vs. Permitted

I realize that daf yomi has moved on the Ketubot (and indeed, so has Rif Yomi), but there is a bit of Yevamot material I never had opportunity to post.

Citing from my translation of the Rif:
{Yevamot 116b}
איבעיא להו התירוני להנשא ותנו לי כתובתי מהו
כיון דקאמרה תנו לי כתובה אדעתא דכתובה אתיא או דילמא כל מילי דאית ליה לאיניש קאמר להו בבי דינא
ואם תימצי לומר כל מילי דאית ליה לאיניש קאמר להו בבי דינא תנו לי כתובתי והתירוני להנשא מהו
הכא ודאי אדעתא דכתובה אתאי ולא מהימנא או דילמא משום דלא ידעה במאי משתריא מאי
תיקו
ועבדינן לחומרא
It was a question to them: "permit me to remarry and grant me my ketuba," what?
Since she said "give me the ketuba," she is coming for the sake of the ketuba? Or perhaps every matter that a person has, he will state it before Bet Din?
And if you say that every matter that a person has, he will state it before Bet Din, "grant me my ketuba and permit me to remarry" {in that order}, what? Here, is it certain that she came for the sake of the ketuba and therefore is not believed? Or perhaps because she does not know with what she becomes permitted? What?
The question stands.
And we conduct ourselves stringently.
I would offer another potential translation above. The standard translation of או דילמא משום דלא ידעה במאי משתריא appears to be "Or perhaps because she does not know with what she becomes permitted." That is, perhaps she has the misconception that via the granting of the ketuba, she is now permitted to be married.

I would note that tishri, or tishrei, the month, is called this because it means "to begin," and this is the beginning of the year. Here as well, she knows that she is supposed to lay out all her claims before bet din, but does not know which among her claims she is supposed to begin with. So, do we say that even though she mentioned remarriage, since she started with the ketuba that is her only real interest? Or, do we say that she is flustered in court and does not know how to present her case, and does not know with what to begin, לא ידעה במאי משתריא, and happened to choose to begin with the monetary aspect of the case, but we should not make a big deal out of it.

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