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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 46


(a) What does Rebbi Avahu learn from the sequence "*ve'Yisru* Oso" (by Motzi Shem Ra); "Ki Yiheyeh le'Ish *Ben* Sorer u'Moreh ... *ve'Yisru*"; "ve'Hayah im *Bin* Hakos ha'Rasha"?

(b) Rebbi Elazar learns the warning for Motzi Shem Ra from the Pasuk in Kedoshim "Lo Seilech Rachil be'Amecha".
From where does Rebbi Nasan learn it?

(c) Rebbi Elazar uses the Pasuk "ve'Nishmarta mi'Kol Davar Ra" for the D'rashah of Rebbi Pinchas ben Ya'ir.
What does Rebbi Pinchas ben Ya'ir learn from there?

(d) Rebbi Nasan uses the Pasuk "Lo Seilech Rachil be'Amecha" as a warning to Dayanim.
Which warning?

(a) Which of the Dinim of Motzi Shem Ra will not apply if the husband did not invite the witnesses to testify, but they came of their own volition?

(b) Rebbi Yehudah has a different opinion.
What does he learn from the 'Gezeirah-Shavah' "ve'Sam Lah Alilos Devarim" (by Motzi Shem Ra) "Lo Sesimun Alav Neshech" (by Ribis)?

(c) The Isur of Ribis does not apply to a loan of land or to one of less than a Shaveh P'rutah.
Which three She'eilos does this prompt Rebbi Yirmiyah to ask (regarding Motzi Shem Ra, according to Rebbi Yehudah)?

(a) Rav Ashi asked two She'eilos. The first She'eilah (whether the husband receives Malkos and has to pay if, after they divorced and remarried, he accuses his wife of not having been a Besulah when they married the first time) remains unanswered.
What is his second She'eilah?

(b) We resolve the She'eilah from Rebbi Yonah in a Beraisa.
What does Rebbi Yonah Darshen from the Pasuk in Ki Seitzei "es Biti Nasati *la'Ish ha'Zeh*"?

(a) We already cited the Machlokes between Rebbi Eliezer ban Ya'akov and the Rabbanan on the previous Amud. The Rabbanan state that if witnesses testified that the girl committed adultery whilst they were betrothed, she receives a Manah.
What is wrong with this statement?

(b) So how do we amend it?

(c) Which important Halachah emerges from this Beraisa?

(a) The Rabbanan of Rebbi Eliezer ban Ya'akov do not differentiate between 'Ba'al' and 'Lo Ba'al'.
Then how do they then interpret the Pasuk ...
  1. ... "u'Ba Eilehah ... va'Ekrav Eilehah"?
  2. ... "Lo Matzasi le'Vitcha Besulim"?
(b) How do the Rabbanan explain "u'Farsu ha'Simlah"?

(c) How does Rebbi Eliezer ban Ya'akov explain it?

(a) According to the Rabbanan, a husband who slanders his wife is Chayav whether he consummated the marriage or not, Rebbi Eliezer ben Ya'akov requires Bi'ah.
Is there any difference, according to him, whether he was Bo'el ke'Darkah or she'Lo ke'Darkah?

(b) Rebbi Yochanan is quoted as differentiating between adultery and incest (where the Torah does not make a distinction between Bi'ah ke'Darkah and Bi'ah she'Lo ke'Darkah) on the one hand, and on the other, Motzi Shem Ra, where he requires (even) Bi'ah she'Lo ke'Darkah on the part of the husband, but that the slander pertains specifically to Bi'ah ke'Darkah.
In light of what we just learned, how do we amend this statement?

(a) Our Mishnah states 'ha'Av Zakai be'Vito be'Kidushehah, be'Kesef, bi'Sh'tar u'be'Bi'ah'.
What does 'be'Bi'ah' mean?

(b) What age must the daughter be for the father to be Zocheh all these things?

(c) Who receives her Get should her husband decide to divorce her?

(d) In which two cases will her father no longer have jurisdiction over her with regard to receiving her Get as well as in other regards?

Answers to questions



(a) In which three other regards does a girl's father have jurisdiction over her?

(b) What does the Tana mean when he says that he does not eat the Peiros in her lifetime? Then what happens to the Peiros?

(c) What advantage does a husband have over a father in the above cases?

(d) Which three obligations does a husband adopt when he marries his wife?

(a) How do we learn Kidushei Kesef from the Pasuk in Mishpatim "ve'Yatz'ah Chinam Ein Kasef" (written in connection with a Jewish maidservant going free after six years)?

(b) What do we learn from the Pasuk in Ki Seitzei (in connection with Motzi Shem Ra) "es Biti Nasati la'Ish ha'Zeh"?

(c) From where do we know that the father also receives the money?

(d) We establish the Pasuk "es Biti ... " by a Ketanah, who has no Yad to be Mekadesh herself, but not by a Na'arah.
But how can we possibly do that, when the Torah specifically writes "Na'arah" by Motzi Shem Ra?

(a) What do we initially learn from the Pasuk "bi'Ne'urehah Beis Avihah" (written in connection with the Din of Hafaras Nedarim)?

(b) What does Rav Huna Amar Rav learn from the Pasuk in Mishpatim "ve'Chi Yimkor Ish es Bito le'Amah"?

(c) How does this refute the D'rashah of 'Kol Sh'vach Ne'urim le'Avihah'?

(a) So we conclude that "bi'Ne'urehah Beis Avihah" is confined to the Din of Hafaras Nedarim.
Why can we not learn from there that a father also receives the rights to betroth his daughter even when she is a Na'arah and receive the money (and that the produce of a girl's hands belongs to her father)?

(b) Then why can we not learn it from ...

  1. ... K'nas (which goes to the father)?
  2. ... Boshes and P'gam (which also go to the father)?
(a) So we revert to the Pasuk in Mishpatim "ve'Yatz'ah Chinam Ein Kasef". What do we mean when we say "de'Chi Mema'et Rachmana, Yetzi'ah de'Kavasa ka'Mema'et'? How does this prove that the girl's father has full rights over his daughter's Kidushin, even when she is a Na'arah?

(b) How do we know that that D'rashah is confined to a Ketanah (but not to a Na'arah)?

(a) We query this on the grounds that, whereas the Yetzi'ah of a Jewish maidservant from her master is total, a girl's Yetzi'ah from her father is not.
In which regard does she remain in her father's jurisdiction after the Kidushin?

(b) What then, takes her out of his jurisdiction completely?

(c) We resolve this problem however, by pointing out that she does leave his jurisdiction in one regard (creating the possibility to compare it to the Yetzi'ah of a maidservant's from her master).
What is that one regard?

(d) From where do we know that a father also has jurisdiction over his daughter regarding Kidushei Sh'tar and Kidushei Bi'ah?

Answers to questions

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