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Regarding estimates

שו”תCategory: Talmudic studyRegarding estimates
asked 8 years ago

In the SD
In the yeshiva where I study, we are currently dealing with a question concerning rape in a condition related to a divorce. The question appears in Tractate Ketubot, page 2b. The question is related to a similar issue in Tractate Nedarim, as I think on page 27a. There the Mishnah deals with a modar in order for him to come to eat and rape occurs. When the modar arrives, he is exempt from the rape issue. The Rabbi and other rishonim explain the ruling that it is because he did not know that he made a vow, that is, an estimate. Can it be said that such an estimate is a kind of additional condition that was not stated, that if an uncommon rape occurs, the condition will be canceled, and the cancellation of the condition is in total the fulfillment of the aforementioned unstated condition?


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0 Answers
מיכי Staff answered 8 years ago
Simply put, every estimate is a condition of the contract. The same applies to the purchase of a mistake and considerations of “knowing better” in the purchase and sale. See my words here:
ביטול קידושין מכוח אומדנא דמוכח[1]

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דודי replied 8 years ago

In B”D
Is it possible to say that in every case of rape with a condition, etc., according to the Dhārān, there will be no exemption from rape, since everything depends on the condition, and are there any Rishonim who believe that the exemption with a condition is an exemption from rape and the condition is completely annulled as a result (in Rashi it is perhaps possible to understand this this way, but can this be confirmed by other opinions)?

דודי replied 8 years ago

In B”D
I apologize if this response has been sent again, it simply did not appear on my computer. In any case, I intended to ask in response to the rabbi's response whether, according to the Rabbi, there will never be an exemption from rape based on a condition, vow, etc., but only the fulfillment of the condition, and are there any Rishonim who do believe that the exemption is an exemption from rape and the condition is completely canceled (in Rashi it can be understood this way, but I wanted to confirm this with additional sources)?

מיכי Staff replied 8 years ago

I hope I understood the question. The Rabbi says that if there is a vow, there is no vow, and therefore the condition is not annulled per se, but rather qualified, as if there was rape. But if there was no rape, the condition is valid and the divorce depends on its occurrence. And according to the other Rishonim who do not attach this to an estimate, then this is an exemption from rape. As far as I remember, at least on the issue of rape in Gittin, this is the majority opinion of all the Rishonim in the Ketubahs there, and therefore I did not understand what sources you are looking for. For example, the Maimonides' method in his wonderful method (as defined by the M'M) that if the person who made the condition dies within twelve months (so that it is clear that the condition will be fulfilled - not that it will come) one must still wait until the end and only then permit the marriage. This proves that according to his method, the condition definitely exists and the exemption is only an exemption from rape, and so on. Likewise, the entire discussion in Yerushalmi about rape or rape as a man (with the alternative versions between R”L and R”H) assumes that this is an exemption from rape.

דודי replied 8 years ago

Yes, I just want to point out that in the words of the first author on the page, it means Nami according to the method of the Ren.

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