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Kesuvos 29



(a) 'Eilu Na'aros she'Yesh Lahen K'nas'. 'Na'aros' implies - from the time that the girl reaches maturity (through 'Sh'tei Sa'aros' - any time after she reaches the age of twelve), for a six-month period, when she becomes a Bogeres.

(b) According to the Tana of our Mishnah - a Ketanah and a Bogeres do not receive 'K'nas'.

(c) One initially pays the K'nas to the girl's father.

(a) One pays K'nas to a Mamzeres, a Nesinah and a Kutis. It was - David ha'Melech who decreed on the Nesinim, forbidding them to marry a Kasher Yisrael, though they are called 'Nesinim', because Yehoshua bin Nun decreed that they should be *given* to the community as wood-choppers and water-drawers.

(b) This Tana holds - that the Kutim were not genuine converts, but that they converted out of fear of the plague of lions that had struck them. Consequently, they were subject to the La'av of "Lo Sischaten Bam" (Va'eschanan) - See also Tosfos DH 've'Al'.

(c) A convert, and a captive-girl or a Shifchah who was set free have in common in this regard - that if they converted or were set-free respectively before the age of three, they too, are subject to the Din of K'nas (since, even though we assume them to have been intimate before that, their Besulim return when they turn three).

(d) According to the Tana of our Mishnah - women with whom one is guilty of incest, are subject to K'nas, too.

(a) Our Tana includes the cases of someone who raped his brother's wife or his father's brother's wife in our Mishnah, despite the fact that someone who commits rape with her is Chayav Misah at the hands of Beis-Din, seeing as she is married (and for adultery with a married woman one is sentenced to Chenek [strangulation], and therefore Patur from K'nas) - because he speaks when he subsequently divorced her.

(b) A Nidah who was raped - is subject to K'nas, too.

(c) Our Mishnah only mentions cases of Na'aros P'sulos receiving K'nas - to teach us that even they *are subject to K'nas*, and not to infer from there that those who are Kasher are *not*.

(a) The author of our Mishnah who precludes a Ketanah from K'nas - is Rebbi Meir.

(b) According to him, the corollary between the age that a girl can be sold and her receiving of K'nas is - that, whenever she can be sold (until she becomes a Na'arah), she is not subject to K'nas, and whenever she is subject to K'nas (from Na'arus until Bagrus), she cannot be sold.

(c) We know that a girl can no longer be sold from the moment that she is of age to receive K'nas - because, of the 'Kal va'Chomer', if she goes free from her master at that point, it is obvious that she cannot be sold.

(a) The Chachamim disagree with Rebbi Meir - with regard to a girl between the ages of three and twelve (until she becomes a Na'arah), who is also subject to K'nas in their opinion.

(b) When they say that a Ketanah from the age of three until she becomes a Bogeres receives K'nas - they mean that, besides being able to be sold, she is also subject to K'nas.




(a) Our Mishnah - which obligates a rapist to pay K'nas even for Chayvei Kareis, even though Kidushin is not effective, appears to clash with the Pasuk "ve'Lo Sihyeh le'Ishah" (which implies that K'nas only applies by women with whom Kidushin is effective.


1. Resh Lakish initially answers this with the Pasuk there "Ki Yimtza Ish *Na'arah* Besulah ... ve'Nasan ha'Ish ha'Shochev Imah la'Avi *ha'Na'arah*" - which is superfluous (since the Torah could have written "ve'Nasan ... le'Avihah"). According to him, one of the two D'rashos (one from the word "Na'arah" and one from the "ha"), comes to teach us Chayvei La'avin, and the other one, Chayvei Kareis.
2. Rav Papa initially answers - with the same two D'rashos from the superfluous word "ha'Besulos" (since the Torah could have written "Kesef Yishkol ke'Mohar").
(c) Abaye learns from the Pasuk "ve'Nasan la'Avi ha'Na'arah" - that K'nas only applies as long as she is alive "la'Avi ha'Na'arah" 've'Lo la'Avi Meisah'.

(d) The Beraisa uses the Pasuk of Mefateh for a 'Gezeirah-Shavah' ("Besulah" "Besulah") to compare an O'nes and a Mefateh. He learns the sum of fifty Shekalim by Mefateh from O'nes (where it is written explicitly) - and he learns from Mefateh (where the Torah uses the word "Yishkol"), that by O'nes too, one pays fifty *Shekalim*.

7) Bearing in mind the D'rashos of Abaye and the Beraisa, we now rearrange the six Pesukim to learn like this - one "Na'arah" and one "Besulah" is needed for each of the basic Halachos; one of the D'rashos of "ha'Na'arah" we need for Abaye's Din, and one of the D'rashos from "ha'Besulos" for the 'Gezeirah-Shavah'; the remaining two D'rashos teach us Chayvei La'avin and Chayvei Kareis.


(a) Shimon ha'Teimani disagrees with the Tana of our Mishnah. He takes "ve'Lo Sihyeh le'Ishah" as the last word. According to him - women with whom Kidushin are effective are subject to K'nas, and those with whom Kidushin is not effective (Chayvei Kareis) are not.

(b) According to Rebbi Shimon ben Menasya, it is not a matter of whether Kidushin is effective or not, but whether he is permitted to remain with her or not. The difference between the two explanations - will be a Mamzeres or Nesinah (with whom Kidushin is effective, but with whom he is forbidden to remain).

(c) This difference does not work according to Rebbi Akiva - who holds that Kidushin is not even effective by Chayvei La'avin.

(d) This is only a problem however, according to Rebbi Shimon ben Menasya, but not according to Rebbi Shimon he'Teimani - who specifically argues with Rebbi Akiva (and whose opinions do not therefore need to be reconciled).

(a) We establish the difference between the two Tana'im (according to the opinion of Rebbi Akiva) by an Almanah le'Kohen Gadol according to Rebbi Sima'i, who learns from the Pasuk "Lo Yikach ... ve'Lo Yechalel" - that an Almanah le'Kohen Gadol (even according to Rebbi Akiva) produces Chalalim but not Mamzeirim, and with whom Kidushin is therefore effective.

(b) Rebbi Yesheivav disagrees with Rebbi Sima'i (and certainly with Rebbi Akiva). He says 'Come, let us overrule Rebbi Akiva who declares the children of every forbidden Bi'ah in Yisrael a Mamzer (even an Almanah le'Kohen Gadol)'.

(c) According to Rebbi Yesheivav's understanding of Rebbi Akiva then, the difference between Rebbi Shimon ben Menasya and Shimon he'Teimani will be Chayvei Asei, assuming that is, that he only argues with Rebbi Yesheivav. The difference between them, if we assume that he is making his own statement (that Rebbi Akiva declares even Chayvei Asei Mamzeirim) - will be will by a Be'ulah le'Kohen Gadol (whose child is not a Mamzer, and with whom Kidushin is effective - even according to Rebbi Akiva - on the one hand, but with whom he is not permitted to remain, on the other).

(d) K'nas is applicable to a Be'ulah (who is normally no longer a Besulah) - by a Be'ulah she'Lo ke'Darkah (an unnatural Be'ulah).

(a) Be'ulah le'Kohen Gadol is different than other Chayvei Asei - because it is an 'Asei she'Eino Shaveh ba'Kol' (it does pertain to everybody, but is confined to a Kohen Gadol).

(b) Regular Chayvei Asei incorporate - a Mitzri and an Edomi up to three generations.

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