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Lease of land for Meitav

שו”תCategory: Talmudic studyLease of land for Meitav
asked 7 years ago

Hello Rabbi, I saw the Rabbi’s disagreement with Rabbi Soloveitchik regarding the assumption of ‘Tev Lemitav’. And I would like to know what cases the Rabbi knows of in our own day where this assumption has been used in a way that supposedly does not fit the estimation of reason?
Simply put, it seems to me that there is a fundamental difference between men’s and women’s love, and even today women are willing to “suffer more” to a certain extent. It is clear that women today are more assertive than in the past.
For example, if today a woman marries a man she did not know was afflicted with boils – I do not think there is a ruling that would say that she is not careful about this and these are not mistaken sanctifications.
 
Thank you in advance.

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מיכי Staff answered 7 years ago

It is difficult for me now to search for sources of specific rulings (there are many). But contrary to your assumption, the enclave is known to be true, and it also applies to cases that occur after the consecration, and not just to the clarification of previously incorrect information (such as a mistake). The issue in the Book of Common Prayer 111a also apparently deals with such cases (except for a few narrow-minded commentators). Incidentally, the courts assume the opposite with respect to both types of cases.

מח replied 7 years ago

Thank you Rabbi.
But I didn't understand the seifa. Indeed, the main point of the issue is not to teach about a mistaken purchase, but about things that arose afterwards. But I'm trying to find a description of a case in which the poskim would indeed indicate that a divorce is necessary and the Rabbi would say the opposite?

And why do the courts assume the opposite? Also regarding a mistaken purchase, they would say that if it was discovered that he was afflicted with boils, then a
divorce is necessary?

מיכי Staff replied 7 years ago

After all, I don't think there has been a case to date where they have canceled kiddushin and waived the need for a get (except perhaps for the purpose of permits for marriage and the like). What example should I give you on this matter? There is no counterexample.
Indeed, even with regard to a mistake, they are usually not willing to release without a get.
I already told you that I will not do research on court rulings here. Check and you will find out.

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