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 45
1) THE PUNISHMENT FOR ADULTERY
(b) Question: This implies that when she undergoes a physical
change, her sentence changes?
i. This publicizes that the father raised a lowly
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.
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.
(c) Answer #1(Rava): One cannot ask a contradiction from
Motzi Shem Ra - Motzi Shem Ra is a special law.
i. Objection: It makes no sense that she and the
Adim Zomemim are killed!
ii. Correction: She *or* the Adim Zomemim are
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
(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!
2) WHERE STONING IS DONE
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!
(k) Question: What is R. Ilay's reasoning?
2. R. Chananya: No, Heaven forbid your 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;
3) IS MOTZI SHEM RA DEPENDENT ON RELATIONS?
(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
1. Question: Perhaps it is the gate where he is judged?
(g) We also learn - "Your gates", and not the gates of
2. Answer: Above it says "Your gates", referring to
where he sinned - also here, "Your gates" refers to
where he sinned.
(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
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