DH Iyun Sugya Kesuvos 56 - Stipulating Against the Torah; The Amazing View of Rebbi Akiva Eiger

okay good morning everyone uh we're going to have one short in on and one on thear said on da that somebody who says to a woman you're married to me on condition that I don't have responsibilities to you I don't have to pay for your food I don't have to pay for your clothing I don't have to have relations with you it's a good marriage and the is who holds this way this is opinion R ra holds the and the marriage is Cay it's not a goodai but it's a good marriage now if I would have been learning this Kamar simply I would have said you know why it's not a goodai because R mayor famously holds you need aai to be aai we learn out from and therefore the has to be double you have to say if if a and b if a then B and if not a not b if you don't spell it out both ways the tiai and the converse it's not effective but that's not what thear means to be saying over here the means to be saying is RA holds you can't be the basic obligation of marriage entails so therefore since that that's a t in marriage you can't stipulate against what the T says therefore the stipulation is off and the marriage stands okay that's the opinion of rebbi Mayor I can't even get away from a mayor in the iner okay so today shean I don't know if you saw the cover yet of the upcoming safer it's really uh the cover itself is very inspiring it's a nice picture of Taria mayor's K by the way we were learning uh recently that even though normally we don't passing like we pass like when it comes to Gaz then we do Pas like R now we're talking about r that was on that you can't be so let's see let's begin with let me see if I could get it bring it up here ah TUS says obviously we have to be talking about that he doubled the said to her if I don't have responsibility of food clothing and relations then we're married otherwise I'll it's not a marriage how do how do we know it has to be a t from the fact that the says the of the later says the reason of is not because he didn't double the the reason holds is because you're stipulating against the if you didn't double the like we say in the end of so now we're up to the big Kasha of to any day that you could hear a to is kasha is a good day ask to a bumba you ready for this bomba the bomb Kasha this it should protect K this question is think about it so you made a goodai but the t is not effective because it's against the Tyra so why in the world would the marriage be good the guy said I only want to marry you if I don't have these responsibilities so if he has the responsibilities then it shouldn't be a good marriage how in the world could this be a valid marriage why is it a good marriage he stipulated explicitly if he has responsibilities that you're not married question I understand it's not a cuz it's against the TOA but let's listen to what the guy said he said I only want to marry are you on condition I am not responsible for these things if he is responsible for these things then how could it be a good marriage he says my do is that I only want it to be a marriage if I am not liable but if he's liable how could it be a good marriage so has an don't say you know why it's married he's marrying her on condition that she's and's but it's not a valid and I'm going to skip why this is not a good I want to go straight to say answer again the question is the guy said I'm marrying you on condition that I am not responsible for and but if he's responsible for those things how could it be a good marriage ready for this of is mes that really should not help had we not learned out from the stipulation of would have nullifies an act even if the is not fulfilled the ACT is is stands says had it not been for the I would say you cannot make stipulations you do an act the ACT stands are you stipulated stipulated schipul who whoever said stipulation can can be effective whoever said a stipulation can qualify an act an act is AA it can't be can't be Quantified by words you say I'm marrying you you're married I you said I'm only doing it on condition who said you can make conditions had we not learned that from B I would say you cannot make [Music] conditions but now that we learn out from is it still has to be similar to the that's only if you may if you don't stipulate against what's written in the T similar you did not stipulate on what's written in the T um bottom line is that listen to what tus is saying tus say Kasha is how could the marriage be good but he made the marriage un condition that he doesn't have to give sh says the the phenomenon that aai is effective is only because it's we learn out from had it not been for that I would have said don't work now that I learn out from there I only learn out similar to listen listen carefully the reason you can't make aai against the toyra is not because you don't have the power to it's because there's no such thing as aai T only works because we learn that from ru butu were made a regular tanai but when you stipulate against the tah there is no concept of a tanai it's not that you don't have the power to it's under those circumstances there is no concept of stip when the guy says marry me on condition that I don't have to give you we don't hear those words those words are irrelevant cuz it's a tiai that has no basis CU it's a TIY against what the T says not that it's not a powerful enough it's that the T never gave the para of under those circumstances so Thea is and the is B the says something interesting tus rid says look on the side of your page he quotes have he doesn't he says something else entirely when the guy says I'm marrying you on condition I don't have to live with you it's not aai it's just blabber you know sometimes people they emit wind from their wind pipe it travels through their voice and their vocal cords but it's not really words people are just talking you know it's not even based on a true story it's just like you know Birds they tweet they make noises you know you pass by a bear he growls so sometimes people just make noise with their mouth when he said on condition that I don't have to give you sh those words were just says this is not a that the has to be fulfilled you know it's like the guy said I'm marrying you on condition that I'm going to uh jump on one leg over Lake Ontario okay very nice you know it just talk those words have are meaningless chatter when somebody is we don't say well his D was he only wanted to marry her if he doesn't have such an obligation what if the guy said I'm marrying you on condition that I could juggle the Sun and the Moon in one hand so it's a stipulation we say it's not a good marriage because he only was marrying her on with that condition absolutely not we say it's so to it's not that don't work we only learn from but this kind of we have no basis to learn from no the the way the uh the idea over here is that it's absurd it is something that is absurd to do and therefore has no standing so basically T Kasha was thatai should work because this was the GU Das and the answer is basically no we don't say this is the guys really T should not work only if they're similar to comes rager and raber turns the whole thing on its head okay this will be the last of this segment to again said that if the reason why it's not a good T is because it's against the TOA clearly he had to double the T otherwise uh it's not going to be effective had it not been that I'm not worthy I myself would have answer toha differently what does that mean nearly that not that he's making it tonight when the guy says I'm marrying you on condition I don't have sh you know what the guy wants to do let's say somebody said you know lady I you know I I would like to marry you I want to marry you on Tuesdays I'm busy the rest of the week Tuesday I have extra time I'll marry you for Tuesdays so basically he's making a she in the kadan he's this guy he doesn't want to be married the rest of the week he's not making a stipulation he only wants the kadush to be in a limited sense so what do we say under those conditions says he can't make a and Kad so he once the marriage is it's so this guy it's not theat he's marrying her and these are the stipulations no there are different parts of marriage one part is you have to give clothing one part is you have to give food one part you have to live with her and one part is you have to do carpool once in a while so he only wanted to do the carpo part fine but once it's is but it's against his D not against his D he didn't make aai reer says not sure I understand it because I would have say he did make it tonight he is saying there's a condition rer says he doesn't look at it as a condition he looks at it as a limited form of K he does he wants there to be marriage but not for the Realms of sh for example on condition that there's no let's say somebody says somebody sells something on condition that the buyer can't say you know you overcharge me is that a that if there's AA it's not a good sale cuz if there would Bea the buyer should say I want there to be a DIN and let's be M the sale so it's not aai he's selling it in a limited capacity that the L doesn't have the right to opt out of it because of AA and a buyer who agrees to that he's like buying it without that right in other words like this if normally if you overcharge someone the s's off but what if you tell the guy when I sell you something I'm selling you two things I'm selling you I want to sell you my baseball glove and I also want you normally when you buy it you buy two rights you buy the glove and you buy the right to say that if I overcharge you you could reneg I don't want to sell you that second part I'm not selling it to you I'm only selling you the glove I'm not selling you the right to back out if I overcharged you so let's say the says no problem let's say says no problem L can't back out why why not cuz he didn't buy that so it seems like there's this concept that some things are stipulations and some things are limited transactions so he wants to make a limited Arrangement The Limited Arrangement is he is not responsible for not that the K is only on condition that he doesn't have these responsibilities but rather but rather he's not marrying her for that marriage has many responsibilities I'm not accepting some of them s mayor holds you can't do that you're I you say the Kad should be off why should the kadush be off he didn't marry her on that tanai you hear what reer is saying reer says he doesn't view alas these are not the conditions of the marriage he just didn't want to make a marriage marriage has many aspects to it he'd never assumed responsibility for certain aspects of marriage but the guess what the T says when you're married you're responsible for them so now he's married and he's responsible no I stipulate he didn't stipulate nothing he said you know seven out of 10 things of marriage I'm good with so the says is well you can't you can't decide what aspects of marriage you're responsible for the that's going against the Tyra buter in his mind he doesn't see this as a stipulation he sees this as a limited responsibility but you can't splice what the definition of marriage is that's how the marriage overrides the the the specifications basically right yes the marriage is much stronger than than the the claw that he wants to put in so we ignore the claws in other the guy says I want to get married he also says you know I'm aware that marriage means 50 different things I I'm going to marry you for 47 of them so what's the guy basically doing he's redefining marriage he's saying he wants to be married but not for all the ways that the T says marriage works so he's not putting a condition on the marriage he's specifying that he he doesn't want this to work fully can't do that yeah but he only did it on that condition it's not a condition it's it was a limited uh responsibility but but he can't do that the Toyah defined what marriage is he can't say what he's marrying for and what he's not marrying for that's whater that's how he looks at it okay one more one more onion is that okay