A messenger for Kiddushin in a crime
1. A priest consecrates a divorced woman by a messenger. Do they say that there is no messenger to speak of a transgression, and then the consecrations do not catch them? Because if they do catch them, how is he a messenger, and isn’t there a messenger to speak of a transgression?
2. A certain man swears not to sanctify a certain woman through a messenger and sends a messenger to sanctify her. Do we say that there is no messenger to speak of a transgression and then the sanctification does not apply?
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- See Thos. 10:2. The question is whether or not there is a messenger when the messenger is not involved in the offense (dispute there in the Gemara). Beyond that, even if there is no messenger for the offense, the question is whether the messenger is null and void or only that the messenger is not punished. This is a dispute among the Tos’ justifications.
- Again, the same two sides. You can pepper the side of the messenger’s face, and so on.
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Omri – What is the real meaning of the law that there is no messenger for a transgression: the messengership does not apply at all (and in that case the woman is not sanctified), or does the transgression only not relate to the messenger (and then she is sanctified..). The latter disagreed on this (Noda Bi Yehuda and R’ Shimon Shkop, I think), indeed they have already noted that this is apparently a disagreement of the arguments of the Torah in B.I.
The Nubian himself points out the controversy over this, and the things are ancient. There is no point in citing all the sources here, so I did not bring it up.
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