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Rosh Kollel: Rabbi Mordecai Kornfeld

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Kesuvos 40


(a) Answer (Rav Ashi): By an enticer it says "Yimhareno (He will take her as a wife with a Kesuvah) *Lo* (to him)" - if he wants.
(b) (Mishnah): He must marry her ... if she committed adultery, or is forbidden to him, he may not keep her.
(c) Question (Rav Kahane): Why doesn't the Mitzvas Asei to marry her override the Lav?
(d) Answer (Rav Zvid me'Nehardai): An Asei overrides a Lav in cases such as cutting off a plague during circumcision, since there is no other way to fulfill the Asei.
1. Here, if she says that she does not want to marry him, there is no longer an Asei!
(a) (Mishnah - R. Elazar): An orphan girl that was engaged and divorced - one who rapes her must pay, one who entices her is exempt.
(b) (Gemara - Rabah Bar Bar Chanah): R. Elazar holds as his Rebbi, R. Akiva.
1. He holds, such a girl receives the fine herself.
(c) Question: How do we know this?
(d) Answer: The law is obvious by an orphan! Rather, the Mishnah teaches that a Na'arah that was engaged and divorced has the law of an orphan - she receives the fine herself.
(e) (R. Zeira): The law is as R. Elazar - he is the happiest of the Chachamim!
(a) (Mishnah): Embarrassment is evaluated according to the embarrasser and the embarrassed one;
(b) To evaluate blemish, we appraise the decrease in the price one would pay to buy her as a slave;
(c) The fine is the same for all;
(d) Anything which is fixed by the Torah is the same for all people.
(e) (Gemara) Question: We should say, the 50 Sela'im (Shekels) that the Torah specified is the full compensation!
(f) Answer #1 (R. Zeira): If so, people would say, the fine for a king's daughter is the same as the fine for a commoner!
(g) Objection (Abaye): People could say by the fine for one whose animal kills a slave - one pays 30 Shekels for a slave that can string pearls (a very lucrative profession), as for a slave that just sews!

(h) Answer #2 (R. Zeira): If 2 men had relations with her, one normally, and one in the abnormal way (that leaves her as a virgin) - people will say, the same 50 Shekels are paid for a full virgin as for a blemished girl?
(i) Objection (Abaye): People could say by the fine for a slave - one pays 30 Shekels for a healthy slave, as for a leprous slave!
(j) Answer #3 (Abaye): "Compensation for that he afflicted her" - this implies that embarrassment and blemish are also paid.
(k) Answer #4 (Rava): "That lied with her" - 50 Shekels is for the pleasure of lying with her, implying that embarrassment and blemish are also paid.
(l) Question: Let us say, she receives these payments!
(m) Answer #1: "When she is a Na'arah in her father's house" - all money which comes to a Na'arah goes to her father.
1. Objection: If so, why did Rav need a different source to learn that her father gets her earnings?
i. (Rav): "When a man will sell his daughter as a slave" - just as the earnings of a slave belong to her master, so the earnings of a daughter belong to her father.
2. Rather, we must say that "A Na'arah in her father's house" only teaches about vows.
3. Suggestion #1: Perhaps we can learn embarrassment and blemish from vows!
4. Rejection: We do not learn monetary laws from prohibitions.
5. Suggestion #2: Perhaps we can learn from the fine!
6. Rejection: We do not learn monetary payments from fines.
(n) Answer #2: It is logical that these payments go to the father, since he can receive money for marrying her to a disgusting person or a leper.
(o) (Mishnah): We evaluate blemish as if she was a slave being sold.
(p) Question: How do we evaluate this?
(q) Answer (Shmuel's father): We evaluate the difference, what would one pay for a virgin slave from a non-virgin.
(r) Question: One buys a slave for work - what does he care if she is a virgin?
(s) Answer: He wants to marry her to his slave.
(t) Question: What difference does it make to the owner?
(u) Answer: He likes the slave, and wants to give him a virgin.
(a) (Mishnah): Whenever a man can sell his daughter as a slave, namely before she is a Na'arah, there is no fine for her; whenever there is a fine for her, namely while she is a Na'arah, he cannot sell her;
(b) A Bogeres cannot be sold and has no fine.
(c) (Gemara - Rav Yehudah): The Mishnah is as R. Meir; Chachamim say, there is a fine for a girl that can be sold.
1. (Beraisa - R. Meir): From the day a girl is born until she becomes a Na'arah, she may be sold, but has no fine; when she brings 2 hairs (i.e. becomes a Na'arah), she has a fine but cannot be sold;
2. Chachamim say, a girl has a fine from 3 years until she is a Bogeres.
i. Question: She has a fine, but may not be sold?
ii. Answer: She has a fine even though she can be sold.
(d) (Rav Chisda): R. Meir learns from "To him she will be a wife" - the verse deals with one who can marry herself off.
1. (Reish Lakish): The Chachamim learn that when the Torah says "Na'arah", a minor is also included.
(e) (Rav Ashi): We learned that Reish Lakish said this regarding Motzi Shem Ra (a man that claims that his Kalah had adultery before the wedding).
1. (Reish Lakish): One who is Motzi Shem Ra on a minor is exempt - "He will give to the father of the *Na'arah* (spelled full, with a *Hei*)" - the Torah speaks of a full Na'arah (and not a minor).
2. Question (Rav Ada Bar Ahavah): Had the Torah not written this, would we think that even a minor is included?
i. "The Na'arah ... will be stoned" - but a minor is not executed!
3. Answer: Here, we know that the verse speaks of a full Na'arah; we infer, where Na'arah is spelled deficiently, even a minor is included.
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