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In Gittin 33a, Kesuvos 3a we learn that Rabbanan have the power to uproot a kiddushin because:

כל דמקדש אדעתא דרבנן מקדש ואפקעינהו רבנן לקידושין מיניה

When a man betroths a woman, he does so under the conditions laid down by the Rabbis, and in this case the Rabbis annul his betrothal.

My question revolves on how to fully understand this principle:

  1. Source for it? Is it d'oraisa or d'rabanan?

  2. Why does this principle exist by kiddushin/ geirushin specifically?

  3. What is the rationale for it existing? We don't extend this principle in other areas like "when a person makes a sale, he does so under the conditions laid down by the Rabbis"

Dani
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alicht
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1 Answers1

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When a man marries a woman he says הרי את מקודשת לי כדת משה וישראל, "You are married to me according to the law of Moses and Israel." In other words, he only wants the marriage to go into effect if it is consistent with the laws of the Torah (דת משה) and other rabbinic decrees (דת ישראל).

N.T.
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