Everyone needs to learn the Nodah B’Yehuda – more comments from the Rav
Continuing the recent comments from the Rav….
We just finished with the reprise of the Get of Cleves, where the Nodah B’Yehudah argued against R’ Avraham Abba Abish of Frankfurt that the get was still a kosher get.
Now, the Rav continues:
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But the get of Galuna, this was the opposite story.
The Nodah B’Yehudah nullified the get, because they threw the get at her. They threw it at her! And she didn’t want to accept the get, she was a little bit ‘modern’. Because maybe, she raised her sleeves a millimeter, because once upon a time, they used to walk around like that.
(The Rav indicates that in the old days, they used to have the sleeve covering the hand itself.)
If you went around like that (i.e. with your hands uncovered), so like that, you’d get a get. Back then, that’s how it was.
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The Nodah B’Yehudah nullified the get….
This was already maybe six years after the get, he [the man who gave the get against his wife’s will] already had six children. The groom who gave the get was the nephew of R’Yitzhak Hamburger – of Yitzhak Horowitz.
And he [R Yitzhak Hamburger] told him according to the story he told him, she she had already raised her sleeves a little. It seems, that this suggested other things were going on [see the end of Masechet Gittin].
So he said to him: Throw the get at her.
She didn’t want to accept the get.
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So the Nodah B’Yehudah nullified the get.[1]
This is responsa 75, 76, 77, 78, 79 in the Nodah B’Yehudah – each person needs to go over this, over all the responses. These [responses contain] all the SHAS, this is all the SHAS.
Why he nullified the get, why he said that whoever trespasses the cherem of Rabbenu Gershom, so the get is passul. We don’t poskim (rule) that way, we say that the get was still kosher. But he nullified the get.
He said, by way of this being the cherem of Rabbenu Gershom, that it’s forbidden to throw a get at a woman, this is the cherem!
[And so, the get was not a get.]
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But all the cherem, this was just for a thousand years.
Just up until the year, the end of the five thousands. We are now in the sixth thousand [millenia of the Jewish calendar]. Today, this is just on the side of minhag, so this is just a minhag. So the cherem is already not in operation, today.
And even when there was the cherem, the get was still a get. Today, there is already no cherem, it’s already just on the side of being a minhag. It’s been cancelled according to all the poskim, it’s just on the side of minhag.
[All the rulings of Rabbenu Gershon], that it’s forbidden to take two wives, and that it’s forbidden to throw a get against [the wife’s] will.
[And so, there was nothing in this would enable a get to be nullfied, according to the laws d’oraita.]
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In any case, each person needs to study all of these halachot, that are in the Nodah B’Yehudah.
There are 24 hours, it’s possible to go over everything. Even though Shuvu Banim aren’t accustomed to learning Nodah B’Yehudah.
And they aren’t accustomed to learning the parsha.
TBC
Translated from Shivivei Or, 401.
FOOTNOTE:
[1] There is a cherem of Rabbenu Gershon to not divorce a wife against her will.
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If anyone knows where to download a copy of the NODAH B’YEHUDAH’s responsa, please do leave the link in the comments section.
I have a feeling that responsa 75-79 probably hold a lot of clues about the get of Galuna….
And a bunch of other things besides.
https://www.dafyomi.co.il/yevamos/insites/ye-dt-025.htm
TRY THIS SITE ?
KEEP SCROLLING THRU THE FOWARD BUTTON TILL YOU GET WHAT YOU WANT ?
Thanks for taking the time to try helping me track down the Nodah B’Yehudah, I appreciate it a lot. From what I saw at this link, it mentions him, but doesn’t actually link to a copy of the book ‘Nodah B’Yehudah’?
Did I miss something?
NO, I WENT BACK AND CHECKED IT WAS ONLY # 25 AND DID NOT GO UP TO 75-79 ON THE GET.
MY APOLOGIZES TO ALL
האיש