POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 29
1) TO WHICH GIRLS APPLIES THE FINE OF A RAPIST?
(a) (Mishnah): If a man rapes a Na'arah (a girl in the firt 6
months of adulthood) in any of these categories, he must
pay a fine:
1. A Mamzeres (bastard), Nesina or Kusis;
(b) (Gemara - Question): For these blemished women there is a
fine, for regular women, no?!
2. A convert/captive/slave that converted/was
redeemed/was freed when at most 3 years old;
3. His sister, paternal or maternal aunt, his wife's
sister, his brother's wife, his paternal uncle's
wife, or a Nidah.
i. Even though these are punishable by Kares
(excision), they are not capital offenses.
(c) Answer: The Mishnah teaches, for these blemished women
there is a fine ... a Mamzeres, etc.
(d) The Mishnah says, there is a fine for a Na'arah - we
infer, but not for a minor.
(e) (Rav Yehudah): Our Mishnah is as R. Meir.
1. (Beraisa - R. Meir): A girl from the day she is born
until she brings 2 hairs (after 12 years) can be
sold (as a slave), but has no fine; from the time
she brings 2 hairs until she becomes a Bogeres (i.e.
for 6 months), she has a fine but cannot be sold;
i. The rule is: if she can be sold, she has no
fine, and conversely.
2. Chachamim say, from the age of 3 years and one day
until she becomes a Bogeres, she has a fine.
3. Question: She has a fine, but cannot be sold?
2) A FINE FOR WOMEN THAT MAY NOT BE MARRIED
4. Correction: Rather, she even has a fine when she can
(a) Question: Why is there a fine for these women?
(b) Answer #1 (Reish Lakish): "Na'arah, Na'arah, ha'Na'arah"
- one is needed for the simple meaning, one teaches that
there is a fine for Chaivei Lavin (relationships
prohibited by a negative Mitzvah), and one teaches that
there is a fine for Chaivei Krisus (relationships
punishable by excision).
(c) Answer #2 (Rav Papa): "Besulah, Besulos, ha'Besulos" -
one is needed for the simple meaning, one teaches that
there is a fine for Chaivei Lavin, and one teaches that
there is a fine for Chaivei Krisus.
1. Rav Papa did not learn as Reish Lakish, because he
learns from "Na'arah" Abaye's law.
(d) Question: Reish Lakish should also need to learn Abaye's
law, and Rav Papa should also need to learn the Gezerah
i. (Abaye): If she died before the rapist was
brought to trial, he is exempt - "He will give
to the father of the Na'arah", and not to the
father of the deceased.
2. Reish Lakish did not learn as Rav Papa, because he
uses "Besulah" to learn a Gezerah Shaveh.
i. (Beraisa): "He will weigh silver as the Mohar
of virgins" - The fine of an enticer should be
as the Mohar of a Besulah (50, the fine
specified for a rapist), and the Mohar of a
Besulah should be as the fine of an enticer (in
(e) Answer: Rather, there are 6 teachings - Na'arah, Na'arah,
ha'Na'arah; Besulah, Besulos, ha'Besulos. 2 are needed
for the simple meaning; 1 is used for Abaye's law; 1 is
used for the Gezerah Shaveh; 1 teaches that there is a
fine for Chaivei Lavin, and 1 teaches that there is a
fine for Chaivei Krisus.
(f) The Tana of our Mishnah argues on the following Tana'im.
(g) (Beraisa): "She will be a wife to him" - Shimon
ha'Teimani says, a woman with whom marriage takes effect;
R. Shimon Ben Menasiya says, a woman that is fitting
(permitted) for him to keep.
(h) Question: What is the difference between them?
(i) Answer: A Mamzeres or Nesinah.
1. Marriage takes effect with these women, but he may
not stay married to them.
(j) Question: According to R. Akiva, who says that marriage
does not take effect with Chaivei Lavin, what is the
difference between them?
(k) Answer: A Kohen Gadol that marries a widow, as R. Simai
1. (Beraisa - R. Simai): R. Akiva says that children
of any marriage of Chaivei Lavin are Mamzerim,
except when a Kohen Gadol marries a widow.
(l) Question: R. Yeshevav says that R. Akiva holds that the
children or any forbidden marriage are Mamzerim.
According to him, what is the difference between Shimon
ha'Teimani and R. Shimon Ben Menasiya?
2. The Torah says, he should not marry her and Yechalel
(profane) his children - he makes his children
Chalalim (profane), not Mamzerim.