Kesubos 73a
כתובות ע״ג ע״א
Ketubot 73a
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Topic
Why רב requires a גט when a man made קידושין on a condition and then married her without mentioning it, why the רב–שמואל dispute appears in two cases, and a משנה that seems to refute שמואל.
Overview
This amud first pins down רב's real reason for requiring a גט when a man made קידושין on a condition and later married her without mentioning it. The reason is not that he dropped his condition. It is that a person does not want his relations to be בעילת זנות, so he intends them as real קידושין. The גמרא then asks why this dispute needs to be stated, since רב and שמואל already argue about the same idea. That other case is a קטנה who never did מיאון, grew up, and married someone else. The גמרא answers צריכא, in both directions. From the קטנה case alone, we might think רב agrees with שמואל when there is a condition. From the conditional case alone, we might think שמואל agrees with רב when there is no condition. Finally, the גמרא brings a משנה: a woman married without mention of a condition who turns out to have vows leaves without a כתובה. The גמרא infers from this that she still needs a גט, and suggests that this is a strong refutation of שמואל.
Opening lines
לָא תֵּימָא טַעְמֵיהּ דְּרַב
Do not say that Rav's reason
כֵּיוָן שֶׁכְּנָסָהּ סְתָם
is that since he married her without specifying
אַחוֹלֵי אַחֲלֵיהּ לִתְנָאֵיהּ,
he completely waived his condition;
אֶלָּא טַעְמָא דְרַב:
rather, Rav's reason is:
The steps (6)
- StatementThe true reason behind רב's ruling
- ChallengeHaven't רב and שמואל already argued about this?
- ResolutionBoth cases are needed
- ResolutionThe other direction: why the conditional case alone would not be enough
- ProofQuoting the משנה: she leaves without a כתובה, so she needs a גט
- ChallengeThe משנה seems to be talking about our exact case, so it refutes שמואל