Thursday, September 06, 2007

Kesubos 3 - changing / uprooting a takanah

I really regret how a simple Ramban turned into so much more, so please can we get back to meat and potatoes? Tosfos (Kesubos 3b d"h takanah derabbanan) makes an interesting distinction between modifying a gezeirah and uprooting a gezeirah. The gemara is unwilling to accept permanently doing away with the takanah of getting married on Wednesday even in response to a situation of duress, but is willing to tolerate moving the wedding to a different day on a temporary basis. This Tosfos has always bothered me. I imagine the problem with uprooting a takanah is "ain bais din yachol levateil divrei bais din chaveiro", one court does not have legal authority to overrule enactments of an earlier court (with certain exceptions). If so, wouldn't even changing the wedding date also be subject to the same problem? The gemara indicates elsewhere (Megillah 2a) with respect to the Purim that even a change of date is viewed as impinging on the original takanah and the rule of "ain bais din..." applies.
(As an aside: see Tos Meg 5b d"h bikeish which you have to fit with that gemara on 2a).
(Double aside: it feels good to get back on the right track again).

3 comments:

  1. Anonymous11:59 AM

    This blog is great both off and on track!

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  2. Mike S.5:11 PM

    Don't have much time but some points to ponder. Tos. on ketuvot is emphatic that this is because of ones; since one can modify or suspend a d'oraita as a horaat sha'ah, one must have some flexibility with a g'zeirah. Also there is a difference between a takanah and a g'zeirah.

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  3. Thanks Mike S. It is funny because I was thinking of the dif. between takanah and gezeirah in a different context (maybe a post for another time) but never made the connection here. I'm not sure exactly how to fit it in - getting married on Wed is a takanah (rashi on the first mishna says takanas chachamim...)? I need more time to think about it too!

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