Timey Wimey And Marriage

One of the favorite topics of the Rogatchover is that of time.  One of his major themes in time is that of פעולה נמשכת, he defines certain events not as onetime events, rather as that of a constant occurrence.  One example of this theme is found in this week's parsha.  The Gemorah (Chullin 91b) cited in Rashi (28:3) says that Hashem folded all of Eretz Yisroel under Yaakov's body.  Obviously, this is a great miracle, but what was the necessity of it?  And why was Yaakov told the promise of inheriting Eretz Yisroel now, in his sleep?  The Rogatchover explains that by laying on top of Eretz Yisroel he was doing a kinyan chazaka. The Gemorah in Babba Bathrah says that one who lays out mats and sleeps on them in a hefker pierce of land it is considered a chazakeh and s/he acquires the land.  Stones aren’t usually used as bedding, so in was the act of lying upon them that turns them into sheets, i.e. a פעולה נמשכת of using them is required to make the chazaka.  Therefore, as long as Yaakov was lying on the stones it was categorized as a chazaka.  Hence, at this time Hashem folded all of Eretz Yisroel under him so that his kinyan would extend on the entirety of Eretz Yisroel. 

Another area where the Rogatchover has this same idea is in regard to נישואין.  He explains many issues based upon his principle that the chalos of נישואין isn’t a onetime event, rather it is a chalos every second.  There is a story where Rav Chaim expressed his disdain for this chiddush by responding mazal tov, if it’s a constant chalos you should need a constant mazal tov and the Rogatchover responded the mazal tov is also a פעולה נמשכת.  

It seems from The Rogatchover that a פעולה נמשכת is required when the chalos or event is something that is unique and doesn’t fit in the regular rubric of live.  It is something superimposed upon the regular order and therefore require a constant “push” to keep it going.    

The Rishonim ask if the Avos fulfilled the entire Torah, how did Yaakov marry two sisters which is an ervah?  The Ramban (Yevamos 98a) answers that arious that come via marriage don’t exist by a ben noach for they don’t have eishus.  A relationship did exist between Jacob and his spouses, but it was significantly different from a matrimonial relationship for such relationships became acknowledged only at Sinai.  There is no concept of a cheftah of eishus without kiddushin v’chupa and such a chalos is a chiddush haTorah that wasn’t in play yet.  Based upon this Ramban, the Briskor Rav answers a question of the Rosh.  The Rosh asks if the blessings on kiddushin is a blessing on the mitzvah of kiddushin, why do we say אשר אסור לנו הארוסות which seems to be an unnecessary intro. unrelated to the mitzvah, do we mention in the bracho of shechita that it permits aver min hachai? The Brisker Rav explains that the blessing is referring to in-law relationships which are forbidden only via the marriage about to be performed. The issur on in-laws makes up the cheftza of kiddushin just as much as the designation to the spouse.  It is the issur caused by kiddushin that reflects the sanctity of Klal Yisroel conferred upon our ancestors at Sinai, it is indeed noteworthy in the beracha of the kiddushin. 

Of course, this Ramban is taking a different approach than that he writes in his commentary to Toldos (26:5) that Yaakov married sisters because the Avos only kept the Torah in Eretz Yisroel, not outside, וצ"ע.

Based upon the Briskor Rav we understand that the concept of marriage is not a natural maaseh kinyan, it is unique and therefore we can understand why it  requires a constant chalos to keep it going.  However, I am aware that I'm conflating kiddushin and nissuin as apposed to the Rogatchover who differentiates between the two.  Though, if my understanding of peulah hanimsheches is correct, in light of the Briskor Rov, this would seem to be the conclusion.  I think the way out would be that true kiddushin isn't a regular kinyan and only has an effect because of a chiddush haTorah, but after the chiddush it becomes part of the regular laws of kinyanim.  On the other hand, nissuin isn't a kinyan, rather it is a means of creating a bond between husband and wife. 

Of course, the world in totality requires a constant pumping of life source from Hashem and is at best a פעולה נמשכת so in that case everything should have to be a פעולה נמשכת to keep going, but clearly that is not the assumption here.  As to why that is, I don't know, and thinking about it makes my head explode. 

The derush that emerges from the Rogatchover is that a marriage is not a one time event of creating a bond between husband and wife, it is something that requires constant strengthening and renewal.