לזכות אבי מורי ואמי מורתי שיחיו
לרפואת רודעש יהודית בת בריינדל גיטל
לפואת הרב דוד העניך מרדכי בן פרידה שמחה
לרפואת הרב יצחק חיים יחיאל בן אסתר
בתוך שח"י!!
Rabbeinu Chaim Berlin presented the following quagmire: A man divorces his wife "from now" [מעכשיו] on condition that he is not divorcing her if she is a tzadekes but only if she is a מרשעת [female rasha] and transgresses an עבירה within a certain time period. Then she marries another man [but doesn't consummate the marriage] and made a neder that she won't eat chocolate. Her second husband revokes her neder [הפרה] and then she eats the chocolate.
What is the din? If the הפרה takes effect then the food isn't forbidden and she didn't do an עבירה. If so, she remains a tzadekes and the get didn't take effect. But WAIT! If the get didn't take effect then she is still married to the first man and not the second, meaning that the הפרה was invalid [because the person doing it wasn't her husband] and it turns out that she violated her neder and thereby committed an עבירה making her a מרשעת!!
AHHH - She is a מרשעת? Well then, the get is valid and she is really married to the second man. THAT would mean that the הפרה was valid and she did no sin by eating the chocolate. No sin?? OK - She is a tzadekes and still married to the first man. She is still married to the first man? No הפרה and she did a serious עבירה by eating the chocolate and the get is valid and she is married to the second man. She is married to the second man? The הפרה is valid and she is a tzadekes and married to the first man.
And we go round and round and round!!
Rav Avraham Genechovski ztz"l suggested a more pashut case: A man divorces his wife on condition that she is a מרשעת. She married man #2 and has ביאה. Is she a מרשעת for having this ביאה? Well - if the get was valid then she is cool. But if the get was not then she was מזנה with man #2. If we say that the get was valid and she may have ביאה with man #2 then it turns out that she is a tzadekes meaning that the get is invalid and she is still married to man #1. That would make her a מרשעת for having ביאה with man #2 which would in turn validate the get. Valid get? She is a tzadekes and married to man #1. Married to man #1? OOOHHHHH is she wicked for being with man #2! Wicked? Then she is really married to man #2 and she is a tzadekes. Tzadekes? Ahhhhh - married to man #1.
And we go round and round and round!!
