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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 39


(a) Rava asks whether Yesh Bagar ba'Kever O Ein Bagar ba'Kever.
Who (do we initially think) will receive the K'nas if we hold ...
  1. ... 'Yesh Bagar ba'Kever'?
  2. ... 'Ein Bagar ba'Kever'?
(b) What objection do we raise with the She'eilah, if that is what it implies?
(a) Most women are forbidden (see Tosfos DH 'Shalosh') to use a cloth (to prevent themselves from becoming pregnant) during pregnancy.
Why may ...
  1. ... a Ketanah?
  2. ... a woman who is pregnant?
  3. ... a feeding mother?
(b) A Ketanah, in this regard, refers to a girl between the ages of eleven and twelve.
Why, if she is under eleven, is she not permitted to use a cloth?

(c) This is the opinion of Rebbi Meir. The Chachamim forbid even the above women to use a cloth.
Why is that?

(d) On which Pasuk in Tehilim is their ruling based?

(a) Why is there a problem with Rava's She'eilah? Why can we not say that the girl became pregnant when she was a Na'arah, and then, after giving birth, she died before becoming a Bogeres?

(b) Maybe when Shmuel said that there are six months between Na'arus and Bagrus, he meant not less than six months (but that there can be more)?

(a) So we re-learn Rava's She'eilah.
According to the new interpretation - who will receive the K'nas if we say ...
  1. ... 'Yesh Bagar ba'Kever'?
  2. ... 'Ein Bagar ba'Kever'?
(b) Abaye said above that Misah (like Bagrus) removes the right to claim K'nas.
What does Rava (in this Lashon) hold in that regard?

(c) How does Mar bar Rav Ashi interpret Rava's She'eilah? What will Rava then hold vis-a- vis Abaye's statement?

(d) What does Rava conclude?

(a) What did Abaye reply when Rava asked him who will receive the K'nas if the girl subsequently became betrothed?

(b) What did Abaye retort when Rava asked him in reply, why it then was that, seeing as the Torah does not write "ve'Nasan la'Avi ha'Na'arah Asher Lo *Nesu'ah*", the Tana of the Beraisa nevertheless writes that, if she married, it is *she* who receives the K'nas?

(c) How do we know that a girl is taken out of her father's jurisdiction ...

  1. ... when she becomes a Bogeres?
  2. ... when she gets married?
(d) Then why should betrothal be any different?
(a) Which two things does a seducer pay the girl besides K'nas?

(b) What must a rapist pay in addition to the above?

(c) A rapist pays immediately, whereas a seducer does not.
Why the difference? When does the seducer pay?

(d) As we have already stated, the seducer has the option of marrying her or paying. The rapist, on the other hand, 'Shoseh ba'Atzitzo'.
What does 'Shoseh ba'Atzitzo' mean?

(a) What will be the Din if, after betrothing her, the rapist discovers that she committed adultery, or if she is forbidden to marry into the Kahal even before he betroths her?

(b) How does the Tana of our Mishnah learn this from the Pasuk in Ki Seitzei "ve'Lo Sihyeh le'Ishah"?

(c) On what grounds does Rebbi Shimon ben Yehudah Amar Rebbi Shimon exempt the rapist from paying for the pain?

(d) On the basis of his opinion we reject the initial contention of what 'pain' refers to.
Which contention?

Answers to questions



(a) How do the Rabbanan (the Tana of our Mishnah) counter Rebbi Shimon's argument?

(b) So how does Rabah bar Avuhah explain the pain in our Mishnah?

(c) How does Rav Nachman Amar Rabah bar Avuhah initially attempt to explain the fact that a seducer is exempt from paying for the pain?

(d) What is the problem with this explanation?

(a) So Rav Nachman Amar Rabah bar Avuhah concludes that in fact, a Mefutah does not feel any pain. Different women describe the pain in different ways, though they all agree that the pain is minimal.
Why should the pain of a Mefutah be any less than that of an Anusah?

(b) Abaye quoted his 'Eim', who compared the pain of a Mefutah to that of hot water on a bald man's head.
Who was 'Eim'?

(c) Rava quoting bas Rav Chisda (his wife), compared the pain to the puncture of a lancet (piercing the skin in order to let blood).
To what did bas Aba Sura'a (Rav Papa's wife) compare it?

(a) The Tana of our Mishnah stated that a seducer only pays K'nas when he divorces the girl.
What does he really mean to say?

(b) Does this incorporate Boshes and P'gam?

(c) What do we learn from the Pasuk (written in connection with a seducer) "Im Ma'ein Yema'ein Avihah"?

(a) We learn from "ve'Lo Sihyeh le'Ishah" that the girl has the right to stop the rapist from marrying her. In fact, the father can refuse too. Abaye learns this from a S'vara 'she'Lo Yehei Chotei Niskar' (that the sinner should not gain). Rava learns it from a 'Kal va'Chomer' from a seducer.
Which 'Kal va'Chomer'?

(b) Why does ...

  1. ... Rava not want to learn like Abaye? Why, in his opinion, can it not be considered 'Chotei Niskar'?
  2. ... Abaye not want to learn like Rava? Why might the father of a girl who has been raped not be able to refuse, even though the father of one who has been seduced, may?
(a) When the Tana of the Beraisa says that when a rapist divorces the woman whom he raped, he is exempt from paying her Kesuvah, why can he not mean exactly what he says? Then what *does* he mean?

(b) According to the Tana Kama, she does not receive a Kesuvah if he dies either.
What does Rebbi Yossi b'Rebbi Yehudah say?

(c) Their Machlokes is based on the reason that the Chachamim instituted a Kesuvah in the first place.
What was the reason?

(d) Consequently, the Tana Kama holds that here, where he is forbidden to divorce her anyway, it is not necessary to give her a Kesuvah.
What does Rebbi Yossi b'Rebbi Yehudah say?

(a) What do we learn from the Pasuk (written in connection with a seducer) "Mahor Yimharenah *Lo* le'Ishah"?

(b) We learned in our Mishnah that, if the girl is forbidden to marry into the Kahal, the rapist is forbidden to marry her.
On what grounds did Rav Kahana query this?

(c) Our Sugya cites the case of Milah be'Tzara'as, where the principle of 'Asei Docheh Lo Sa'aseh' applies.
What is the case?

(d) Rav Z'vid from Neherda'a replied by differentiating between a rapist who raped a P'sul Kahal and the case of 'Milah be'Tzara'as'.
What is the difference between the two cases? Why will the principle of 'Asei Docheh Lo Sa'aseh' not apply there?

Answers to questions

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