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Podcast Episode

Yevamos 111a — The Bais Shmuel / Aruch Hashulchan Lomdus of קנויה ומשויירת

About this episode

What does Rav really mean when he says that a חרשת is “קנויה ומשויירת” — acquired, but with something left over? The Beis Shmuel gives those words a remarkable practical consequence: even after one man marries a חרשת, the Kiddushin of a second man can still take hold. The Aruch HaShulchan explains that there is a שיור in the very קנין itself — something the first husband never acquired, leaving room for a second Kiddushin. But the Rogatchover seems to understand the שיור very differently. He points instead to the missing דיני אישות, such as כתובה and תנאי כתובה. That leaves us with a fundamental question in Rav’s “קנויה ומשויירת”: Where exactly is the שיור? Is something missing in the קנין itself — or is the קנין complete, with something missing only in the consequences and dinim of the marriage?