לזכות גילה שושנה בת נעכא גיטל וכל בנות ישראל הצריכות להשתדך
The gemara in Kiddushin [5a] attempts to learn that one can divorce with money just like he marries with money. A precedent would be shtar where we see that one can both marry and divorce with a shtar. The gemara rejects this and says that it can't be because how can something that brings them together also separate between them [אין קטיגור נעשה סניגור]. But the gemara counters that shtar does just that. It works for both marriage and divorce, so why should money be any different?
The gemara answers that there is a difference. A shtar used for marriage ["be my lawfully wedded wife..."] contains a very different message than a shtar used for divorce ["you're out lady. Shalom vi-lo lihitraot"] while money is the same George Washinton bill in both cases.
The gemara is not yet convinced. Even when using money, the coinage may be the same but the WORDS used are quite different ["You're in" vs. "You're out"]. So let us use money for both??!
The gemara gives two answers.
1] The coinage is the still the same and hence it doesn't work for both.
2] Rava derives from a pasuk that one may divorce with a document and not with money.
Yesterday, when I was flying through this sugya [I almost got arrested for speeding...] with a chavrusa [my beloved friend M.S.] the following thought occurred to me BS"D.
The two answers of the gemara are arguing about a fundamental question as to the nature of the words said at kiddushin. Is the אמירה part and parcel of the very kiddushin? Is it on the same level as the handing over of the money? Or do we say that the primary aspect of kiddushin is the money while the אמירה is just a תנאי צדדי - a side condition that must be fulfilled in order for the kiddushin to be effective.
The first answer is learning the second way and therefore, since the kiddushin is done primarily by the money, it cannot also effect divorce [אין קטיגור נעשה סניגור].
The second answer of Rava learns that the words said at kiddushin are also primary and therefore money should work for both marriage and divorce since there is a completely different formula used for each [in vs. out]. Hence, he needs to find another reason why money can't work for divorce. That is what compelled him to derive this law from a pasuk.
I need to check and see what the meforshim say but I am sooooo busy, I must wait for a future time when things calm down. ועוד חזון למועד ועוד צ"ע.
כתבתי למזכרת בליל ד' אור לג' שבט התשע"ו
ודבר בעתו מה טוב!
