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Kesuvos 36

KESUVOS 36 - This Daf has been sponsored by Gedalliah Jawitz of Wantagh, N.Y.

1) [line 5] SHIMON HA'TIMNI - Shimon from Timnas/Timnah (RASHI to Beitzah 21a DH ha'Timni), identified with the village Tibnah, located on the road between Beis Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district

2) [line 12] MI'KATNUSAH YATZESAH L'VAGAR - she went directly from the stage of Katnus (childhood) to the stage of Bagrus (adulthood) [without the interim stage of Na'arus (maidenhood)]. A girl who develops normally is a Ketanah (a minor) until two pubic hairs grow, after she enters her twelfth year. During the following six months she is a Na'arah. When six months elapse she becomes a Bogeres. An Ailonis, who never shows signs of puberty, is considered a Ketanah until she is twenty years of age. She then skips the stage of Na'arus and becomes a Bogeres.

3) [line 16] AD SHE'YIRBEH HA'SHACHOR AL HA'LAVAN - until she has an abundance of pubic hair. The Gemara (Nidah 52a) and RASHI to Chulin 26b explain that this means (a) that the two hairs must have grown long enough to be easily visible (the opinion of Mar Ukva); (b) that the two hairs are long enough to span the width of Oso Makom (the opinion of Rava)

4) [line 22] HA'RE'UYAH L'MA'EN - a girl who is of an age in which she can perform Mi'un (if she would have been married off by her mother and/or her brother), i.e. a Ketanah

5) [line 24] CHERESHES - a deaf woman

6) [line 24] SHOTAH - (lit. a woman who is a fool) a woman who is senseless or deranged
(a) A woman is classified as a Shotah if she regularly, because of madness, destroys or loses that which is given to her, sleeps in a cemetery, goes out alone at night or tears her clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a woman is a Shotah if she regularly exhibits a form of irrational behavior.
(b) A Shotah is exempt from performing Mitzvos and is not punished for her transgressions. Her purchases and sales are meaningless and are not binding.

7) [line 25] TA'ANAS BESULIM
(a) When a man marries a woman who was a Besulah at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuzim (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah), the woman is considered to be a Be'ulah and is not given the Kesuvah of a Besulah. Instead, the husband must write her a Kesuvah in which he promises her 100 Zuzim under the conditions specified above. The obligation to write a Kesuvah for a widow or divorcee is mid'Rabanan (Kesuvos 10b). (The Gemara there explains that the word for widow, "Almanah," alludes to her Kesuvah of one "Manah," or 100 Zuzim.) A woman who is less than three at the time of her Kidushin is considered a Besulah whether or not she was married or had relations in the past, since her Besulim return to their original state.
(b) A Besulah differs, physically, from a Be'ulah in two ways:

1. A Besulah has a "Pesach Sasum" (the physical state of virginity) while a Be'ulah has a "Pesach Pasu'ach" (Kesuvos 9a)
2. A Besulah has "Dam Besulim" (virginal blood that emerges upon the first instance of marital relations). The quantity of virginal blood lessens as a girl reaches the stage of "Bagrus" (six months after the age of puberty).
(c) If a man marries a woman who is b'Chezkas Besulah and he finds her to be a Be'ulah, either by not finding Dam Besulim of by finding a Pesach Pasu'ach, it is not considered a Mekach Ta'us (a mistaken transaction) that annuls the Kidushin (see Kesuvos 11b). However, if he proves that his wife is indeed not a Besulah, he need not give her 200 Zuzim as her Kesuvah, but only 100, like any Be'ulah. The claim of the husband that his wife is a Be'ulah and not a Besulah is called "Ta'anas Besulim."
(d) There is another Halachic aspect to Ta'anas Besulim, which has bearing on matters of Isur v'Heter. If a woman who was assumed to be a Besulah is found a Be'ulah, she can become prohibited to her husband under certain circumstances.
1. The rule is that if a woman had willful relations with another man after she became an Arusah, she is a Sotah Vadai (see Background to Yevamos 85:18d) and becomes prohibited to her husband forever.
2. If we do not know when she became a Be'ulah, (i.e. before or after she became an Arusah), nor how she became a Be'ulah, (i.e. b'Ones or b'Ratzon -- against her will or willfully), she is permitted to her husband because of a Safek Sfeika (a double Safek, as follows: she may have become a Be'ulah b'Ones. And even if she had relations b'Ratzon, it may have been before she was betrothed.)
3. If, however, she became an Arusah before she reached the age of three, and she is found to be a Be'ulah at the time of her Nesu'in (and she has reached the age of 12 by then, Tosfos Kesuvos 9a DH v'Iy Ba'is), we may assume that she must have had relations after she became an Arusah, and the only question is whether they were b'Ones or b'Ratzon. Since it is a single Safek and Sefeika d'Oraisa l'Chumra, she is prohibited to her husband. Similarly, if she became an Arusah to a Kohen and was later found by her husband to be a Be'ulah, then even if she had relations b'Ones after she became an Arusah, she becomes prohibited to her husband forever. The only point in doubt is whether she had relations before or after becoming an Arusah. Since there is but a single Safek as to whether she is permitted to her husband, she becomes Asurah to him mi'Safek.

8) [line 26] UD'KA'ARI LAH, MAI KA'ARI LAH? - and the one who asked this question, why did he ask it (since the answer is obvious)?

9) [line 28] MUKAS ETZ - (lit. hit with a piece of wood) a woman who has lost her virginity (through means other than relations)

10) [line 29] SUMA - a blind woman
11) [line 36] "PESACH PICHA L'ILEM..." - "Open your mouth for the dumb..." (Mishlei 31:8) - i.e. Beis Din makes beneficial claims for those who are unable to do so. Had she not been impaired, she would have received the value of her Kesuvah by claiming "mishe'Eirastani Ne'enasti" - "I was raped after you betrothed me." As a result of her impairment, she cannot make any claims in Beis Din and is considered like a dumb person. Therefore, Beis Din does not accept the Ta'anos Besulim of a man who marries a Chareshes or Shotah.

12) [last line] NOSNIN LAH LAILAH HA'RISHON - on the night after a Bogeres gets married, relations are permitted all night, and not just once. Any bleeding is deemed to be a result of virginal blood and is not the blood of Nidus.


13) [line 2] TA'ANAS PESACH PASU'ACH - (lit. the claim of an open aperture) the claim of the husband that he found his wife not to be a virgin (see above, entry #7b, c)

14) [line 5] SHE'NECHBETES AL GABEI KARKA - she [trips and falls and] receives a clout from the ground (causing a loss of her virginal blood)

15) [line 6] KULHU RO'OS U'MAR'OS L'IMAN - all other girls see blood and show it to their mothers [who inform them that they no longer have the status of a Besulah but rather a Mukas Etz]

16) [line 12] SHTARA REI'A - a document alleged to be forged
17) [line 13] D'SHTARA D'ZAIFA HU - that it is a forged document
18) [line 17] L'DIDHU TAVA'TINHU B'ISURA - she asked them to perform illicit relations with her

19) [line 39] SHE'LO YEHEI CHOTEI NISKAR - so that a person who sins does not benefit from his action

20) [line 49] MEI'ID BAH - if one (who is a Kohen) testifies in Beis Din about her [that she is permitted to marry Kohanim]

21) [line 53] ME'ID BAH KEDI - if he only testified about her (and did not redeem her)

22) [line 57] LO SHADI INISH ZUZEI BICHDI - a person does not throw away his money for nothing; i.e. he would not have redeemed her if she was violated, since he intends to marry her

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