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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 45


(a) Shilo quoted a Beraisa listing three Dinim by a Na'arah. If witnesses came after she married, testifying that she had committed adultery when she was betrothed, she is sentenced to S'kilah at the entrance of her father's house.
What message does this convey to her parents?

(b) Where do Beis-Din put her to death in the event that the testimony that she committed adultery took place ...

  1. ... before she married?
  2. ... after she became a Bogeres (irrespective of whether they testified before the marriage or after it? Why is that?
(a) What does the Beraisa say about a Na'arah Me'urasah whom her husband accused of committing adultery, and took to Beis-Din after she had already become a Bogeres, with regard to Malkos and paying a hundred Shekalim (should he not be able to substantiate his claim)?

(b) What does the Tana mean when he says 'Hi ve'Zomemehah Makdimin le'Veis ha'S'kilah'?

(c) Why does this Beraisa pose a Kashya on the Tana of Shilo's Beraisa?

(d) Rava answers that Motzi Shem Ra is different because it is a Chidush. What is the Chidush of Motzi Shem Ra?

(a) On what grounds does Rav Huna B'rei de'Rav Yehoshua refute Rava's distinction between Motzi Shem Ra and adultery?

(b) What does Rav Nachman bar Yitzchak therefore conclude with regard to the two conflicting Beraisos (whether 'Ishtani Gufa' causes her to adopt the Din of a married woman [to reduce her Din from S'kilah to Chenek] or not)?

(c) A Hedyot (an ordinary person) who sins brings a she-sheep or a she-goat as a Korban Chatas.
Which animal is brought by ...

  1. ... a king?
  2. ... a Kohen Gadol?
(a) According to the Tana Kama, a king or a Kohen Gadol who sinned before his appointment, brings the Korban of a Hedyot.
What does Rebbi Shimon say?

(b) How does Rav Nachman bar Yitzchak attempt to connect the Machlokes Tana'im with regard to Ishtani Gufa (in 3c.) with this Machlokes?

(c) On what grounds do we reject this contention? What should Rebbi Shimon have ruled if he were to hold like the Tana of Shilo (that 'Ishtani Gufa' causes her Din to change)?

(d) Then what is his reasoning there by Korban Chatas?

Answers to questions



(a) Rebbi Yochanan reconciles the two conflicting Beraisos by citing Rebbi Yochanan's version of Shilo's Beraisa. Shilo's version of the Beraisa is 'Sarchah ve'Lib'sof Bagrah, Teidon be'Chenek'.
What is Rebbi Yochanan's version?

(b) He counters the Kashya from the Pasuk "Na'arah ha'Me'urasah" (which appears to preclude a Bogeres from S'kilah) with the Pasuk "ve'Hotzi'u es *ha'Na'arah*". How does he extrapolate for there to incorporate a Bogeres in the Din of S'kilah?

(c) What problem did Rebbi Chananyah have with Rebbi Ila'a's explanation, that caused him to exclaim 'Rachmana Litzlan me'Hai Da'ata'!

(d) How does Rebbi Yitzchak bar Avin or Rebbi Yitzchak bar Aba explain Rebbi Ila'a distinction between the Din of the girl and that of her husband?

(a) We have already learned that a Na'arah ha'Me'urasah is stoned to death at the gate of her father's house, in the event of the witnesses testifying after she was already married.
Where is she stoned in the event that ...
  1. ... she has no father or father's house?
  2. ... most of the town's residents are Nochrim?
(b) If someone served idols, the Torah writes in Shoftim "ve'Hotzeisa es ha'Ish ha'Hu ... el *She'arecha*".
What do we learn from a 'Gezeirah-Shavah' from "Ki Yimatzei be'Kirbecha be'Achad *she'Arecha*"?

(c) And what else do we learn from the word " ... el She'arecha"? How can we learn two D'rashos from the same word?

7) The Torah writes by Na'arah ha'Me'urasah "el Pesach Beis Avihah" and it also writes in Bamidbar (in connection with the Mishkan) "Masach Pesach Sha'ar he'Chatzer".
How do we now learn from there that if a Na'arah ha'Me'urasah has no father or father's house, that she is stoned at the gate of the city where she sinned (see Tosfos DH 'Soklin')?


(a) According to the first Lashon, the Tana Kama in a Beraisa states that a husband who slanders his newly-married wife receives Malkos and has to pay a hundred Shekalim whether the marriage was consummated (and he claims that he discovered that she was not a Besulah), or not (and his claim is based entirely on the evidence of witnesses). Rebbi Yehudah agrees with this regarding Malkos.
What does he say regarding paying?

(b) According to this Lashon, it is only Rebbi Yehudah holds like Rebbi Eliezer ban Ya'akov (whose opinion will be cited later).
If, in their opinion, the Parshah of Motzi Shem Ra was only said in a case of Ba'al (when the marriage was consummated), why does he receive Malkos even if the marriage was not consummated? What is the source of Malkos for a person slandering his wife?

(c) But how can one receive Malkos for a 'La'av she'Ein Bo Ma'aseh'?

(a) The second Lashon establishes both opinions like Rebbi Eliezer ben Ya'akov, and the Tana Kama speaks specifically when the marriage was consummated.
What does Rebbi Yehudah then say?

(b) How does Rav Nachman bar Yitzchak reconcile Rebbi Yehudah (in both Leshonos) with another Beraisa, where Rebbi Yehudah says 'Ba'al Lokeh; Lo Ba'al, Eino Lokeh'.

(c) Rav Papa disagrees with Rav Nachman bar Yitzchak.
How does Rav Papa explain 'Lo Ba'al, Eino Lokeh' in the second Beraisa?

(d) Is it appropriate to refer to Mamon as Lokeh?

(a) According to the Tana Kama of a Beraisa, if someone says 'Chatzi Erki Alai, Nosen Chatzi Erko'.
What does Rebbi Yossi b'Rebbi Yehudah say?

(b) How does Rav Papa explain Rebbi Yossi b'Rebbi Yehudah's statement '*Lokeh* ve'Nosen Erech Shalem'? Why should he receive Malkos?

(c) What is Rebbi Yossi b'Rebbi Yehudah's reason?

(d) Why does someone who says 'Erech Chetzyi Alai' have to pay his full Erech?

Answers to questions

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