POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Kesuvos 35
1) INADVERTENT TRANSGRESSORS
(a) Suggestion: *Ason* is explained literally (and the verse
says, if no one dies, he pays).
2) SINS OF LASHES ARE AS CAPITAL SINS
(b) Rejection: No, it means if there is no *verdict* that one
(c) Version #2: Question (R. Yochanan): "If there will be no
Ason (death), he will pay".
(d) Suggestion: *Ason* means a verdict to die (if there is no
verdict, he pays).
(e) Rejection: No, it means if no one dies.
(f) Question: Does anyone really hold that one who
inadvertently commits a capital sin must pay?
1. (Tana d'Vei Chizkiyah): "One who strikes an animal
... and one who strikes a man";
(g) Correction (Ravin): One who inadvertently transgresses a
capital sin, all agree that he does not pay;
2. One who hits an animal, we do not distinguish if it
was accidental or deliberate, intended or not, with
an upward or downward motion, to exempt him - he
must always pay;
3. So too, one who hits a man, we do not distinguish if
it was accidental or deliberate, intended or not,
with an upward or downward motion, to make him pay -
he is always exempt!
(h) They argue by one who inadvertently transgresses a sin
punishable by lashes and money.
1. R. Yochanan says that he must pay - capital sins
were equated (above f:1-3) to striking an animal,
that we should not make distinctions), sins
punishable by lashes were not equated.
2. Reish Lakish says that he is exempt - the Torah
explicitly included sins of lashes as capital sins.
(a) Question: Where did the Torah equate them?
(b) Answer #1 (Abaye): A Gezerah Shaveh Rasha-Rasha.
(c) Answer #2 (Rava): A Gezerah Shaveh Makeh-Makeh.
1. Question (Rav Papa): Which occurrences of these
words do you mean?
(d) Objection: The verse deals with hitting, and this is
punishable by money (and not by lashes)!
2. Suggestion #1: If "*Makeh* (one who strikes) an
animal will pay for it" and "*Makeh* (one who
strikes) a man will die" - the latter verse deals
with killing a man!
3. Suggestion #2: Rather, "*Makeh* (one who strikes)
the soul of an animal will pay for it" and "A man
that will put a blemish in his fellow man" - but the
word Makeh is not in the latter verse!
4. Answer (Rava): The verse deals with hitting.
(e) Answer: If it is not needed to teach about a blow worth a
Prutah, it teaches about blow worth less than a Prutah
(which is punishable by lashes).
(f) Objection: But payment cannot apply to such a blow!
3) THE EXEMPTION OF CAPITAL SINS
(g) Answer: As he hit him, he tore his silk (and we learn
that he is exempt for paying for the silk).
(a) Question: (Rav Chiya): Tana d'Vei Chizkiyah compared
striking an animal and a man. How do we know that the
animal was struck on a weekday (and must always pay)?
4) HOW RABAH LEARNS THE MISHNAH
1. Perhaps he hit it on Shabbos, and is exempt if he
knowingly broke Shabbos!
(b) Answer (Rava): "One who strikes an animal will pay for
it, and one who strikes a man will die".
1. Suggestion: If there was no warning - why is the one
who struck a man killed?
2. We must say he was warned - if he struck the animal
on Shabbos (with warning), he would not pay! It must
be, he hit it on a weekday.
(a) Question (Rav Papa): Rabah says that (R. Meir holds
that) even one sentenced to die pays a fine - as whom
does he establish the Mishnah?
5) GIRLS THAT DO NOT RECEIVE A FINE
1. Suggestion #1: If it is R. Meir - he should pay even
for his daughter!
(b) Answer (Abaye): Rabah must hold as R. Yochanan.
2. Suggestion #2: If it is as R. Nechunya Ben ha'Kanah
- why does he pay for his sister?
3. Suggestion #3: If it is R. Yitzchak - why does he
pay for a Mamzeres?
4. Suggestion #4: If Rabah holds as R. Yochanan, he can
explain as R. Yochanan (there was no warning for
i. If he holds as Reish Lakish, how can he explain
(c) Question (Rav Masne): According to Reish Lakish, who says
that sins of lashes are as capital sins - which Tana
argues on R. Nechunya Ben ha'Kanah?
(d) Answer (Abaye): R. Meir or R. Yitzchak.
(a) (Beraisa): There is no fine for rape or seduction of the
1. an incestuous relation or a secondary incestuous
(b) Question: What are incestuous relations and secondary
2. A girl that does Mi'un;
3. An Ailonis;
4. A girl that leaves her husband because of ill