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Kesuvos 13

KESUVOS 11-14 - have been anonymously dedicated by a unique Ohev Torah and Marbitz Torah living in Ramat Beit Shemesh, Israel.

1) [line 5] MUKAS ETZ - a woman who has lost her virginity (through means other than relations)

2) [line 6] DERUSAS ISH - a woman who has lost her virginity due to relations with another man

3) [line 10] TA'ANASAIHU B'MAI - what are their claims, i.e. what is she claiming from him and what is he willing to give her?

4) [line 33] LO MI'PIHA ANU CHAYIN - (lit. we do not live from her mouth) we do not conduct ourselves according to her words (One of the three pillars of the world is Emes, truth (Avos 1:18). As such, the Mishnah employs the phrase, "We do not live from her words," i.e. we cannot assume that her words are the truth -- TOSFOS REBBI AKIVA EIGER, quoting TALMIDEI RABEINU YONAH, cited in the SHITAH MEKUBETZES. The TIFERES YISRAEL brings the Gemara Sanhedrin 97a, that tells of a place called Kushta, the inhabitants of which live long lives because they never tell lies. The word Kushta also means truth. Accordingly, the Mishnah hints that we will not live long lives because of her words, since she may be lying.)

5) [line 34] NESIN
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and decreed that they must serve as woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Yehoshua ["va'Yitenem..." - "And he made them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water for the sacrificial needs as long as the Mishkan and Beis ha'Mikdash were standing. Later in history, when David ha'Melech saw the Nesinim display tremendous cruelty to the grandchildren of King Shaul, he extended Yehoshua's decree against the Nesinim for all future generations, in order that they not unite with the descendants of Avraham, Yitzchak and Yakov (Yevamos 79a).
(b) Although it was decreed that the Nesinim must serve as slaves for the Mikdash (or the needs of the congregation), they were not given full "slave" status. Although normal slaves are prohibited from marrying Jewish women because of the prohibition "Lo Yiheyeh Kadesh," this prohibition did not apply to the Nesinim (TOSFOS, Yevamos 79a).
(c) Nevertheless, the Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. The Rishonim argue as to whether this prohibition is mid'Oraisa or mid'Rabanan (see Insights to Yevamos 76 and 79). According to those who maintain that they are prohibited mid'Oraisa, the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a). Those who maintain that they are prohibited mid'Rabanan explain that their prohibition stems from the decrees of Yehoshua and King David, who prohibited the Nesinim from marrying into Israel either because they were made to serve menial tasks and therefore *looked* like servants, or in order to prevent their progeny from mingling with Israel due to their shameful traits (see Insights to Yevamos 79:2).

6) [line 34] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing offspring and render them Mamazerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

7) [line 44] U'MACHASAH - and wiped
8) [last line] MA'ALAH ASU B'YUCHASIN - Chazal were particularly stringent with regard to the marriage of Kohanim


9a) [line 9] CHURVAH D'MASA - a ruined building in a city that contains mostly Jews of unsullied lineage
b) [line 10] CHURVAH D'DABRA - a ruined building out in the fields
10) [line 20] AVAL - true (i.e. we agree)

11) [line 22] KEREISAH BEIN SHINEHA - her stomach is between her teeth; i.e. she is pregnant

12) [line 24] EIN APOTROPOS L'ARAYOS - with regard to forbidden relationships, we cannot rely on the best "appointed official" or guard to guarantee that relations did not take place.

13) [line 26] SHESUKI A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer. The term is derived from the word Shesikah, silence, since when he calls for his father, his mother tells him to be silent.

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