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Kesuvos 39

1) [line 2] MESHAMSHOS B'MOCH - are permitted to have relations using cloths to prevent them from becoming pregnant

2) [line 4] SANDAL - a flat, fish-shaped abortion
3) [line 5] TIGMOL ES BENAH - she will wean her son
4) [line 11] PESAYIM - fools
5) [line 15] BATZIR HU D'LEIKA, HA TEFEI IKA - there cannot be less than six months between the onset of Na'arus and the onset of Bagrus, but there can be more

6) [line 29] MEFIRIN LAH NEDAREHA (HAFARAS NEDARIM - Annulling vows)
(a) A man has the right to annul certain vows of his wife and his daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this if on the day that he hears the vow he states "Mufar Lach" ("it is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Shabbos 157a).
(b) A father may annul the vows of his daughter while she is a minor or Na'arah (when she grows two pubic hairs) until she becomes a Bogeres (six months after she becomes a Na'arah). If the father marries her off when she is a minor, during the period of Eirusin both the father *and* the future husband must annul the vows in order for the annulment to take place. After the period of Nisu'in, the husband may annul the vows and not the father. Nobody may annul the vows of an unmarried *mature* woman; they need to be revoked, as follows.
(c) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact.

7) [line 30] MEFATEH
If a man seduces a girl (between the ages of 12 and 12 1/2), and the girl or her father refuses to let him marry her, or if the man chooses not to marry her, he must give the father of the girl fifty Shekalim. If he chooses to marry her and they consent, the man is not obligated to pay anything to the girl or his father at the time of the marriage. If he later divorces her, he must give her the dowry (Kesuvah) of a virgin upon her divorce (Shemos 22:16).

8) [line 30] SHELOSHAH DEVARIM - Three payments (out of the five payments for wounding a fellow Jew)
A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1. NEZEK (Damages) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted -- for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused *by* an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an *average* person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Mefateh, which follow the previous opinion). With regard to a person who was embarrassed, shame caused *to* a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).
9) [line 31] ONES
(a) If a man rapes a girl (between the ages of 12 and 12 1/2), besides the applicable payments of Chovel b'Chaveiro, (see previous entry) he must pay her father a fine of fifty Shekalim, as stated in Devarim (22:28). This amount is the equivalent of a dowry (Kesuvah). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.
(b) The age mentioned above follows the ruling of Rebbi Meir, who states that a man who rapes a Ketanah (a minor) does not pay Kenas. According to the Chachamim, Kenas must be paid if the girl is between the ages of 3 and 12 1/2 years (Kesuvos 29a).

*10*) [line 35] LECHESHE'YOTZI - lit. "when he divorces her"; the Gemara (Amud Beis) explains that this means "when he refuses to marry her" (or when the girl or her father refuse to let him marry her)

11) [line 35] SHOSEH B'ATZITZO - (lit. drinks from his flowerpot, a loathsome vessel from which to drink) he must marry and stay married to her, even against his will

12) [line 37] CHIGERES - a lame girl
13) [line 42] SHE'CHAVTAH AL GABEI KARKA - of throwing her down on the ground
14) [line 44] SHIRA'IN - silk garments


15) [line 9] PIKCHOS SHE'BAHEN - the wise women
16) [line 11] AMRAH LI EM - my "mother" told me (Abaye was an orphan and he called his foster mother "Em")

17) [line 12] K'MAYA CHAMIMEI AL REISHEI D'KARCHA - like hot water on the head of a bald man

18) [line 13] KI RIVDA D'CHOSILTA - like the incision (O.F. pointure) made with a lancet (O.F. flemie, a pointed two-edged surgical knife used to make small cuts and to let blood)

19) [line 14] KI NAHAMA AKOSHA B'CHINCHEI - like hard bread that irritates the palate

20) [line 25] SHE'LO YEHEI CHOTEI NISKAR - so that a person who sins does not benefit from his action

21) [line 32] BI'CHESUVASAH (KESUVAH - the Jewish marriage contract) When a man marries a woman who was a Besulah at the time of her Kidushin, he must write her a 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.

22) [last line] PERAZKIYA - the name of a place
23) [last line] MIGMAR GAMREI ME'HADADI - the laws and Ones and Mefateh are learned from one another (that both men pay the father of the girl 50 Shekalim)

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