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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 10



(a) Rav Nachman too, cites Shmuel like Rav Yehudah did (with regard to 'Pesach Pasu'ach'. When we ask 'im-Kein, Mah Ho'ilu Chachamim be'Takanasan' - we mean to ask how Chazal could simply permit one of their Takanos to be overturned.

(b) Rava answers - that we have no choice but to believe him, since he has the backing of a Chazakah ('Ein Adam Torei'ach bi'Se'udah u'Mafsidah').

(c) According to the Tana Kama in the Tosefta, a woman may only claim her Kesuvah from Ziburis (inferior quality property) - because, in his opinion, Kesuvah is only a Takanah de'Rabbanan.

(d) Raban Shimon ben Gamliel says - that Kesuvah is d'Oraysa.

(a) When the Torah writes (in connection with a man who seduces a woman) "Kesef Yishkol ke'Mohar ha'Besulos" - it means to compare the Din of a Besulah who was seduced to one who was raped (to obligate the seducer to pay fifty Shekalim).

(b) The Tana Kama of a Beraisa learns from the fact that the Torah uses the word "Mohar" (a reference to Kesuvah) - that Kesuvah is d'Oraysa.

(c) Raban Shimon ben Gamliel says - that Kesuvah is only a Takanas Chachamim.

(d) To resolve the glaring contradiction between the two statements of Raban Gamliel, we switch the opinions in the second Beraisa. We switch the opinions in the *second* Beraisa, rather than the *first* - because it is clear from a Mishnah in 'Sh'nei Daynei', where Raban Gamliel is stringent with regard to the payment of the Kesuvah (as we shall now see).

(a) The Tana Kama in the Mishnah in 'Sh'nei Daynei' maintains that, whether a man married his wife in Eretz Yisrael and divorced her in Keputki (where the value of the same coins was higher) or vice-versa, he had to pay her according to the value of Eretz Yisrael coins (because he holds Kesuvah de'Rabbanan); whereas Raban Shimon ben Gamliel holds - that he had to pay according to the value of the coins in Keputki (because in his opinion, Kesuvah is d'Oraysa).

(b) Alternatively, we avoid switching opinions by amending the second Beraisa, establishing it all like Raban Shimon ben Gamliel - by adding the Din of Almanah, about whom the Tana writes that it is a Takanas Chachamim, and then adding that the entire Beraisa is really Raban Shimon ben Gamliel.

(c) Rav Nachman reacted to that man who claimed 'Pesach Pasu'ach Matzasi' - by ordering him to receive Malkos (de'Rabbanan) with 'Kufri' (palm-branches, which have sharp spikes).

(d) Some explain that, although Rav Nachman himself rules that he is believed, that does not preclude us from giving him Malkos (because the fact that he was an expert in these matters indicated that he was a man of loose morals. According to Rav Achai - Rav Nachman would only believe someone who was married, but not a Bachur (like that man was), and the reason that he gave him Malkos is because he had the Chutzpah to make such a claim in Beis-Din.

(a) When Raban Gamliel responded to that man who claimed 'Pesach Pasu'ach Matzasi', with 'Shema Hitisa' - he meant that perhaps, during the Bi'ah, he had inadvertently turned to the side in an effort to find the Pesach, and had managed to break her Besulim without realizing it.

(b) According to the second Lashon - he asked him whether he had not perhaps done so deliberately (because it is unusual to do so inadvertently).

(c) Raban Gamliel upheld a certain woman's claim that she was a Besulah, despite the lack of bloodstains, which seemed to substantiate the man's claim that she was not a Besulah - by soaking the cloth in water and washing it (thereby washing away the Zera that was covering the bloodstains).

(d) Huna Mar Brei de'Rava asked Rav Ashi why they did not apply that method in Bavel - to which Rav Ashi replied that, seeing as washing clothes in Bavel required rubbing them with a stone, a process which would inevitably remove the bloodstains as well, it was impractical.




(a) Using a barrel of wine, Raban Gamliel bar Rebbi upheld a certain woman's claim that she was a Besulah, in spite of the fact that there was no Dam Besulim - by sitting first a Shifchah who was a Besulah on a barrel of wine and then, a Be'ulah. When the smell of the wine passed through the body of the latter, but not of the former, he did the same to the woman in question to prove that she was still a Besulah.

(b) He did not place the woman on the barrel immediately - because, although he had heard of that method, he had not tried it out before, and did want to degrade a Jewish woman by using her as a guinea-pig for a test of that nature.

(a) In another incident involving Raban Gamliel ha'Zaken, the woman was a Besulah despite of their being no Dam Besulim. Raban Gamliel ascertained that - by substantiating her claim that she belonged to the family Durteki (by confirming it with other members of her family), who were known to have no Dam Besulim.

(b) 'Durteki' stands for 'Dor Keti'a' (cut-off generation).

(c) With regard to Raban Gamliel's statement (expressing how fortunate the man was to get a woman from such a family) - Rebbi Chanina commented that this was really a futile consolation, since we have a principle 'the less blood, the less children'.

(d) Rebbi Chiya compared Dam Besulim to yeast - the former is to a woman (to make her succeed in her role of child-bearer), he said, like yeast is to dough (to bring it to perfection). Rebbi Meir agrees with the principle.

(a) There are two opinions as to whether Raban Gamliel ha'Zaken considered marrying such a woman a 'Z'chus' or a 'Chov'. He would consider it a Chov, because of Rebbi Chiya's statement. And he would consider it a Z'chus - inasmuch as he will never be confronted with the aggravating problem of Safek Nidah.

(b) When a certain woman claimed she was still a Besulah, and that the lack of Dam Besulim was due to starvation - he noted that both of their faces were black from hunger, so he ordered baths to be prepared for them and, they had bathed he fed them and given them to drink. Then he led them into a private room, and after they had been intimate, they found the required bloodstains.

(c) When he quoted the Pasuk "Tzafad Oram al Besaram, Yavesh Hayah ke'Eitz" - he was referring to their situation, which shows that hunger affects the body, causing the skin to stick to the flesh or simply, that it turns black.

(a) The Kesuvah of ...
1. ... a Besulah is - two hundred Zuz.
2. ... an Almanah is - one hundred Zuz.
3. ... an Almanah or a Gerushah from the Eirusin, if she marries again - is two hundred Zuz (because she is still a Besulah).
(b) In the latter case - her second husband does have a Ta'anas Besulim. Should he employ it - she loses her entire Kesuvah, because it is 'a false sale'.
(a) Rav Chana Bagdesa'ah explains - that the word Almanah is a derivative of Manah (which is the amount of her Kesuvah).

(b) And the same applies to ...

1. ... an Almanah from the Eirusin (despite the fact that *her* Kesuvah is two hundred Zuz) - because Chazal did not wish to differentiate between them.
2. ... the Almanah about which the Torah speaks (despite the fact that a Kesuvah is a Takanas Chachamim) - because even the Torah hints to the Takanos of Chazal.
(c) We learn from the Pasuk "ve'Sheim ha'Nahar Shelishi Chidekel, Hu ha'Holech Kidmas *Ashur*" - that the Torah sometimes refers to place-names and events of the future (such as the name Ashur, who only came into the world close to two thousand years later).
(a) When Rav Chana Bagdesa'ah described 'something that waters and saturates, fertilizes, makes the fruit delicious and brings it out' - he was describing rain.

(b) Rava bar Rebbi Yishmael or Rav Yeisar bar Shalmaya learns all of these from the Pasuk "Telamehah Ravei Nacheis Gedudehah bi'Revivim Temogagnah, Tzimchah Tevarech" - because "Ravei" means waters and saturates, "Temogagnah" means fertilizes and " Tzimchah Tevarech" means makes the fruit delicious and brings it out'.

(c) And when Rebbi Elazar described something that 'removes (Meizi'ach), feeds, endears and removes sins (Mechaper - atones) - he was referring to the Mizbei'ach.

(d) The difference between 'Meizi'ach' and 'Mechaper' - is that the latter removes sin (atones), whereas the former removes evil decrees.

(a) When Rav Chana Bagdesa'ah described something that 'heats the body, satisfies, loosens the bowels, strengthens and prevents finnickiness' - he was referring to dates.

(b) The Tana says that dates are healthy in the morning and in the evening, but unhealthy in the late afternoon (during the time of Minchah Ketanah) - because they are only healthy when they are eaten *after meals* (breakfast and supper), but not *before* (after the afternoon siesta).

(c) They are best of all in the early afternoon after lunch - because, seeing as they also loosen the bowels, and it is unpleasant to have to leave town to go to the fields in order to relieve oneself (as they used to do in former times) at night-time. It is not clear why dates in the afternoon are better than in the early morning (seeing as both are after meals, and both are in day-time). Perhaps in the morning, after a small meal, the dates are not so effective.

(d) Dates prevent three things; worries, stomach-sickness - and piles.

(a) We initially reconcile Rav, who ruled that one should not issue rulings after having eaten dates, with the above-mentioned Beraisa, which clearly maintains that dates are healthy after a meal - by pointing out that the two statements do not really clash, since all Rav said was that dates intoxicate, not that they are bad.

(b) Dates, in this regard, are similar to wine since wine, which also intoxicates, even though it is healthy.

(c) Alternatively, it is only before the meal that dates intoxicate (when they are also unhealthy), but not after it. Abaye's foster-mother said that dates ...

1. ... before the meal - are as harmful to the body as a bolt in a palm-tree.
2. ... after the meal - strengthen the body like a bolt strengthens a door.
(a) Dasha means a door, Darga a ladder and Puri'ah, a bed. In addition ...
1. ... Dasha is the acronym of 'Derech Sham'.
2. ... Darga - of 'Derech Gag'
3. ... Puri'ah - '*Parin ve'Ravin* Alehah'.
(b) Rav Nachman bar Yitzchak adds (to the previous list of Rava and Rav Papa) Aylonis - which is the acronym of '*Ayil de'Lo* Yaldah' (because she is like a male who cannot bear children).
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