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 41
KESUVOS 41 (5 Iyar)- Dedicated by Marsha and Lee Weinblatt of N.J. -- they,
and their extended family, should be blessed with good health and the joy of
those who serve Hashem. May we soon merit to see the return of Hashem to
1) ONE WHO ADMITS TO ENTICING
(a) (Mishnah): A man says, I enticed Ploni's daughter. He
pays embarrassment and blemish through his own admission,
but not the fine;
2) HALF-DAMAGE FOR GORING
(b) One who says, I stole an animal pays the principle, but
not the fine of double, 4 or 5 times its value;
(c) My ox gored Ploni, or Ploni's ox - he pays through his
(d) My ox gored Ploni's slave - he does not pay through his
(e) The rule is, anyone who pays more than he damaged does
not pay on his own admission.
(f) (Gemara) - Question: Why didn't the Mishnah teach about a
man who admits to raping a girl?
(g) Answer: The case of enticing teaches more.
1. One who says that he raped her does not discredit
her; one might have thought that when he says that
he enticed her, and discredits her, he does not pay
on his own admission - we see, this is not so.
(h) Our Mishnah is not as the following Tana.
1. (Beraisa - R. Shimon Bar Yehudah): An enticer does
not pay embarrassment and blemish on his own
admission - we do not allow him to discredit the
(i) Question (Rav Papa): If the girl wants that he should
pay, what is the law?
(j) Answer (Abaye): Perhaps the father disapproves.
(k) Question (Rav Papa): If the father approves, what is the
(l) Answer (Abaye): Perhaps the family disapproves.
(m) Question (Rav Papa): What if the family approves?
(n) Answer (Abaye): Certainly, there is someone in the family
overseas that would disapprove.
(a) (Rav Papa): Half damage is considered as money (not a
fine), since animals are prone to damage unless guarded.
1. One should pay full damage for not having guarded
his animal; the Torah had mercy upon him, and only
makes him pay half, since the animal was not yet
established as a gorer.
(b) (Rav Huna Brei d'Rav Yehoshua): Half damage is considered
a fine, since animals are not prone to damage, even
1. One should not pay at all; the Torah levies a fine
of half-damage to encourage people to guard their
(c) (Mishnah): The damagee and damager both pay.
1. This fits well with the opinion that half-damage is
money (the damagee should receive full payment, but
gets only half).
(d) Question: According to the opinion that half-damage is a
fine - the damagee receives what he is not entitled to,
can we say that he pays?
(e) Answer: This refers to the decrease in value of the
(f) Question: This was already taught in another Mishnah!
1. (Mishnah): 'Payments of damage' - the damagee deals
with the carcass (damage is measured as the
difference in value between the live animal and the
carcass when it died; if it later goes down in
value, the damagee suffers the loss).
(g) Answer: One Mishnah teaches that this applies to a Tam
(animal which has not been established as a gorer); the
other Mishnah teaches that this applies to a Mu'ad
1. Both must be taught. If we would only teach this by
a Tam, we would say that the Torah was lenient on
the damager, since his animal has not been
established as a gorer.
(h) (Beraisa): The differences between a Tam and Mu'ad are
that a Tam pays half-damage from the damaging animal; a
Mu'ad pays full damage, even above the value of the
2. If we would only teach this by a Mu'ad, we would say
that the Torah was lenient on the damager because he
pays full damage.
1. It does not say that a Tam pays on the admission of
the owner, but a Mu'ad does (this suggests that
half-damage is money)!
2. Rejection: We need not say this; rather, the Tana
did not list all differences.
3. Question: What else did he omit (he would not omit
just one thing)!
4. Answer: He also omitted half-ransom, (which a Tam
does not pay).
5. Question: This is not an omission - the Tana is R.
Yosi ha'Galili, who says that a Tam pays
(i) (Mishnah): My ox gored Ploni or Ploni's ox - he pays on
his own admission.
*****PEREK NA'ARAH HA'ME'URASAH*****
1. Suggestion: We are dealing with a Tam (and we see,
half-damage is money)!
(j) (Mishnah): The rule is, all that pay more than they
damaged do not pay on their own admission.
2. Rejection: No, we are dealing with a Mu'ad.
3. Question: What would be the law of a Tam - he does
not pay on his admission?
i. If so, why does the next case of the Mishnah
switch to the case of goring a slave, that one
does not pay on his own admission - we should
just say that a Tam does not pay on his own
4. Answer: The Tana is only teaching laws of a Mu'ad.
1. We infer, one who pays less than he damaged does pay
on his own admission!
(k) Having ruled that half-damage is a fine - a dog that
killed and ate sheep, and a cat that ate large chickens,
this is unusual, and we do not make one pay for it in
Bavel (fines are not collected in Chutz la'Aretz).
2. Rejection: No - rather, one who pays as he damaged
pays on his own admission.
3. Question: What is the law of one who pays less than
he damaged - he does not pay on his own admission?
i. If so, let us teach, one who does not pay as he
damaged does not pay on his own admission -
this includes one who pays more and one who
4. This refutes the opinion that half-damage is a fine;
the law is, it is a fine.
5. Question: If it is refuted, how can it be the law?
6. Answer: It was refuted because we did not teach 'One
who does not pay as he damaged ...'.
i. We could not teach this, since it is not always
true! Half-damage of pebbles (when an animal
sets an object in motion, and the object
damages); according to a tradition from Sinai,
1. Cats normally eat small chickens, and we would make
one pay for this in Bavel.
(l) If the damagee siezed compensation for his damage, we do
not take it from him. If he wants to take the damager to
trial in Eretz Yisrael, we force the damager to agree to
1. If the damager does not go, he is excommunicated.
(m) In any case, he is excommunicated if he does not
eradicate the damaging animal.
1. (Beraisa - R. Nasan): A person should not raise an
evil dog in his house, nor stand up a rickety ladder
in his house - "Do not put blood in your house".
3) WHO RECEIVES THE FINE
(a) (Mishnah): A Na'arah that was enticed, the payments for
her embarrassment and blemish and her fine go to her
father; also, the payment for pain of a raped girl;
(b) If the trial was before the father died, the payments
belong to the father; if he later died, his sons inherit
(c) If the father died before the trial, she receives the
(d) If the trial was before she became a Bogeres, the
payments belong to the father; if he later died, his sons
(e) If she became a Bogeres before the trial, she receives
the payments; R. Shimon says, if she did not collect
before the father died, she receives the payments.