More Discussions for this daf
1. Why is Rabbi Shimon's statement so far out of place? 2. Shevuah d'Oraisa 3. רשי ד"ה ולא שנא לכתובה
4. בני כהנים גדולים
DAF DISCUSSIONS - KESUVOS 88

Daniel Gray asks:

Why Rashi 88a gives different Nafka Minah ?? ?? than he does 87b top had it instead been only mi'd'Rabanan?

Daniel Gray, Toronto Canada

The Kollel replies:

Great question! The Rishonim ask a very strong question on the Gemara on 87b. How is it that Rami bar Chama -- who seems to think the Mishnah is discussing a Shevu'ah mid'Oraisa -- does not know a Mishnah in Maseches Shevuos and makes such a "mistake"?

There are several answers. The Shitah Mekubetzes offers that Rashi is trying to answer this question. He says that Rami bar Chama did not think for a moment that the Shevu'ah in the Mishnah is actually mid'Oraisa. Rather, he thought that im is not an ordinary d'Rabanan, but a Shevu'ah that is like a d'Oraisa, so it cannot be turned over onto the husband.

According to this, it is understood why Rashi here does not bring the Nafka Minahs he brings later, where he is distinguishing between a real Shevu'ah mid'Oraisa to one that is mid'Rabanan.

Kol Tuv,

Aharon Steiner