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This is just a hypothetical thing. He is using a legal definition of "first time" to get around the contradiction. I.e. the first time is when the hymen breaks. If the hymen grew back, then the next time, is actually the firs time. The discussion is more interested in the legal definitions of terms, than an actual practical case.


3

קידושין מ ע"א Kidushin 40:A האיש מקדש את בתו כשהיא נערה: כשהיא נערה אין כשהיא קטנה לא מסייע ליה לרב דאמר רב יהודה אמר רב ואיתימא רבי אלעזר אסור לאדם שיקדש את בתו כשהיא קטנה עד שתגדל ותאמר בפלוני אני רוצה: [R' Yehuda says in the name of Rav or R' Elazar - a man may not give his daughter in marriage until she will grow and say - I want to marry this man]. ...


3

The Gemarah in Yevamot 55b says that all ביאה works even it is done שלא כדרכה. (Tosafot on 20a s.v. יבא say that the reason is that the people having ביאה need to be able to impregnate/be impregnated, not that the act of ביאה needs to be able to impregnate.) The one exception is a שפחה חרופה, as that needs שכבת זרע to be חייב (learned out on Yevamot 55a/b). ...


2

There is no question that Er was married to Tamar as indicated in Bereshis 38:8, the easiest way to answer this question is to say that Er and Onan had a din of a ben Yisroel, not a ben Noach, even before Matan Torah. Based on this assumption it would be a question of if kiddushin is chal on chayvei la'vim which it is(as opposed to if they were b'nei noach ...


1

Note that in Kesuvos 104 we see that a widow can sell her husband's property to cover the kesuvah. The laws of inheritance are such that the land would have gone to Elimelech's brother and down through the line. Since there were no brothers left, Rus was not subject to yibum (see the Rambam on this) and could have married anyone that she wanted (or who would ...


1

The Tosfos quoted by Double AA answers (as far as I understand it): The point of אשת איש is not to specify the specific case involved, but rather to say it was from a capital case and emphasize that this Mamzer is a Mamzer according to the requirement that the relationship be a capital one (so don't think that we are being overly strict, we think it takes a ...



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