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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Kesuvos 45


i. This publicizes that the father raised a lowly girl.
2. If before Chupah, witnesses testify that she had adultery during engagement, she is stoned by the gate of the city.
3. If she sinned as a Na'arah, and became a Bogeres before the trial, she is strangled.
(b) Question: This implies that when she undergoes a physical change, her sentence changes?
1. Contradiction (Beraisa): A man married his betrothed after she became a Bogeres, and was Motzi Shem Ra on her. He is not lashed, nor does he pay 100 Shekels; she and the Adim Zomemim that falsely testified against her are stoned.
i. Objection: It makes no sense that she and the Adim Zomemim are killed!
ii. Correction: She *or* the Adim Zomemim are stoned.
(c) Answer #1(Rava): One cannot ask a contradiction from Motzi Shem Ra - Motzi Shem Ra is a special law.
1. Normally, if she had Chupah before the trial, her sentence changes to strangulation; by Motzi Shem Ra, she is stoned.
(d) Objection (Rav Huna Brei d'Rav Yehoshua): Perhaps the Torah only said this when she does not physically change - but when her body changes, also her sentence!
(e) Answer #2 (Rav Nachman Bar Yitzchak): Tana'im argue on whether her sentence changes.
1. (Mishnah): A man sinned, then was appointed (Nasi or Kohen Gadol); he brings the sacrifice of a commoner; R. Shimon says, if he learned of his sin before he was appointed, he brings a sacrifice; otherwise, he is exempt.

(f) Objection: Granted, R. Shimon says that when he finds out affects the sacrifice; we do not hear that he *only* goes after the time of knowledge, and not the time of the sin!
1. If so - he should bring a bull if appointed Kohen Gadol, or a goat if appointed Nasi!
(g) Response: In fact, R. Yochanan says that the Beraisa of Shila should say, she is stoned (even if she is now a Bogeres; no Tana says that the sacrifice or death is determined solely by the new status).
(h) Question: But the Torah says that an engaged *Na'arah* is stoned, not a Bogeres!
(i) Answer (R. Ilay): "The Na'arah" - that she was (at the time of her sin).
(j) Question (R. Chananya): If so, the husband should be lashed and pay a fine (when he is Motzi Shem Ra on a Bogeres, that she sinned when she was a Na'arah)!
1. R. Ilay: Heaven forbid such reasoning!
2. R. Chananya: No, Heaven forbid your reasoning!
(k) Question: What is R. Ilay's reasoning?
(l) Answer (R. Yitzchak Bar Avin): Her adultery condemns her - she was a Na'arah when she sinned; his speech obligates him - she was a Bogeres when he sinned.
(a) (Beraisa): An engaged Na'arah that had adultery, she is stoned at her father's door; if there is none, she is stoned at the gate of the city;
(b) If the majority of the city are Nachrim, she is stoned at the gate of Beis Din.
(c) Similarly, one who serves idolatry is stoned at the gate of the city he sinned in;
(d) If the majority of the city are Nachrim, he is stoned at the gate of Beis Din.
(e) Question: What is the source of this?
(f) (Beraisa): "Your gates" - this is the gate where he served idolatry.
1. Question: Perhaps it is the gate where he is judged?
2. Answer: Above it says "Your gates", referring to where he sinned - also here, "Your gates" refers to where he sinned.
(g) We also learn - "Your gates", and not the gates of Nachrim.
(h) Question: But we already learn something from this word!
(i) Answer: The Torah could have said "Gate"; since it said "Your gates", we can learn two things.
(j) Question: This teaches about idolatry; how do we know the law by an engaged Na'arah?
(k) Answer (R. Avahu): We learn "Door" from "Door", and "Door" from "Gate", and "Gate" from "Your Gates".
(a) (Beraisa): A Motzi Shem Ra is lashed and pays 100 Shekels; R. Yehudah says, he is lashed in every case; he only pays 100 if he had relations with his wife.
(b) Version #1: This is the same dispute as between R. Eliezer Ben Yakov and Chachamim (on Daf 46A).
1. The first Tana says that whether or not he had relations, he is lashed and pays, as Chachamim; R. Yehudah says, he is always lashed, but only pays if he had relations, as R. Eliezer Ben Yakov.
(c) Version #2: Both Tana'im hold as R. Eliezer Ben Yakov.
1. The first Tana says that he only is lashed and pays if he had relations; R. Yehudah says, he is lashed in any case, but only pays if he had relations.
(d) Question: Does R. Yehudah really hold that he is always lashed?
1. (Beraisa - R. Yehudah): If he had relations, he is lashed; if not, no!
(e) Answer #1 (Rav Nachman Bar Yitzchak): If he did not have relations, he is lashed Rabbinically (but mid'Oraisa, he is exempt).
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