BACKGROUND ON THE DAILY DAF
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Previous daf Kesuvos 35
1a) [line 1] ASON MAMASH - (lit. an actual tragedy) death [of the woman]
b) [line 1] DIN ASON - the death penalty (and in the context of the verse,
when there is no Din Ason, this includes an incident where the woman is not
killed *and* when she is killed but the assailant did not receive a proper
2) [line 5] MAKEH ADAM U'MAKEH VEHEMAH - this refers to the verse, "u'Makeh
Vehemah Yeshalemenah; u'Makeh Adam Yumas" - "And he who kills a beast, he
shall pay for it; and he who kills a man, he shall be put to death." (Vayikra
3) [line 27] CHOVEL B'CHAVEIRO
(a) A person who wounds his fellow Jew is obligated to pay five payments,
i.e. four payments in addition to Nezek, which one must always pay for
damages. The five payments are:
1. NEZEK (Damages) - If one causes damage to the person of a fellow Jew, such
as blinding his eye, cutting off his hand or breaking his foot, Beis Din
assesses the damages that he caused based on the depreciation such damages
would cause to a slave on the slave market.
(b) The above-mentioned payments apply only if the injury was estimated to
have caused damages worth at least a Perutah. If not, the assailant receives
Malkos for his action.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount
that the injured person would be ready to pay to have the identical injury
inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if
no other damage (other than the pain) was inflicted -- for example, if one
person burned another's fingernail without causing a wound (Mishnah, ibid.
83b). The amount of this payment ultimately depends upon the physical and
financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik
3. RIPUY (Medical expenses) - The assailant must pay all medical costs until
the injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the
injured person's recovery. Sheves is evaluated as if the injured person is
protecting a pumpkin patch from birds, a job that requires only minimal
exertion and can be accomplished even by an invalid. (The money that the
injured person loses due to his permanent handicap, though, is covered by the
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who
caused the embarrassment and the status of person who was embarrassed. The
shame caused *by* an undignified person is greater and so is shame caused
*to* a dignified person (ibid.)
4) [line 2] SHIRA'IN - silk garments
5) [line 22] HA'MEMA'ENES (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).(d) In the instances of
marriage mid'Rabanan, before she reaches Halachic puberty and becomes a
Na'arah (through the growth of two pubic hairs), she has the option of
annulling the marriage through a procedure known as Mi'un (refusal). She says
before two witnesses, "I do not want him," and the marriage is annulled
retroactively. There is no need for her to receive a Get (a bill of divorce).
A girl who is married off by her father cannot annul the marriage through
Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
6) [line 23] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil", a ram, which is a male sheep and does not have
a womb (Kesuvos 11a)
7) [line 24] HA'YOTZES MISHUM SHEM RA (MOTZI SHEM RA / NA'ARAH HA'ME'URASAH)
(a) If a man marries a virgin and, after the Chupah is performed, he falsely
accuses her of committing adultery and losing her virginity prior to the
Chupah, he receives Malkos (lashes) for his slanderous speech (Devarim
22:18). He must also give her father 100 Shekalim and never divorce her
against her will (ibid. 22:19).
(b) The husband can prove that she was not a virgin either by bringing
witnesses that she had relations with another man after the Eirusin
(betrothal), or by making a Ta'anas Damim, in which he proves that he found
that she had no virginal blood (see Background to Kesuvos 11:2, Ta'anas
Besulim). The wife (or her father) can prove that her husband is lying, and
that she was a virgin, either by bringing testimony that the husband's
witnesses are Edim Zomemim (conspiring witnesses, see Background to Kesuvos
19:17b), or by proving that she did indeed have virginal blood (and her
husband hid the sheet).
(c) If it is found that she indeed *had* committed adultery after not heeding
the warning of two witnesses, she is liable to the death penalty by Sekilah
(stoning) (ibid. 22:21).
(d) If the wife is a Besulah older than 12 1/2 years old, these Halachos do
not apply. Her husband does not receive Malkos and is not fined 100 Shekalim
if he is found to be lying. If his claim is true, she is not liable to the
death penalty of Sekilah but rather to Chenek (choking). If she was between
the ages of three years and one day and 12, the Tana'im argue as to whether
she is judged as a Na'arah ha'Me'urasah or as a normal Besulah (Kesuvos 29a).
(e) The Gemara presumes that this is referring to Motzi Shem Ra and concludes
that it is referring only to a rumor that she committed adultery.