POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 27
KESUVOS 26 & 27 (6th and 7th days of Pesach) - have been generously
dedicated by Dick and Beverly Horowitz of Los Angeles. May they be blessed
with a life of joy and much Nachas from their very special children and
1) A WOMAN TAKEN FOR MONETARY REASONS
(a) Rejection: No, even if she was taken for ransom, the same
would apply; the case happened to be, she was taken as
2) A BESIEGED CITY
(b) Version #2 - (Rava): We learn Rav Shmuel's law (above)
from the Mishnah.
(c) (Mishnah): R. Yosi haKohen and R. Zecharya Ben haKatzav
testified about a girl that was taken as collateral for a
loan in Ashkelon. Her family distanced themselves from
her, even though witnesses say that she was never in
(d) Chachamim: If you believe the witnesses that she was
taken as collateral, believe them that she was not
secluded; if you do not believe them that she was not
secluded do not believe them that she was taken as
1. She was taken for money; without witnesses, she
would be prohibited!
(e) Version #3 - question: Our Mishnah says, if she is taken
for monetary reasons, she is permitted;
2. Suggestion: We do not distinguish being taken as
collateral and being taken for ransom.
3. Rejection: No, we distinguish; being taken as
collateral is more stringent.
(f) Contradiction (Mishnah): R. Yosi ... .
1. Even though she was taken for money, if not for the
witnesses, she would have been forbidden!
(g) Answer (Rav Shmuel Bar Nachmani): When Yisrael are in
control she is permitted; when Nachrim are in control,
even when abducted for money, she is prohibited.
(h) (Mishnah): If she was taken for a capital offense ...
(i) Opinion #1 (Rav): An example is, the wife of a thief.
(j) Opinion #2 (Levi): An example is, the wife of Ben Dunai
(k) Opinion #1 (Chizkiyah): This only applies when there was
a verdict for death.
(l) Opinion #2 (R. Yochanan): Even if there was no verdict.
(a) (Mishnah): All wives of Kohanim in a besieged city are
prohibited to their husbands; if they have witnesses,
even a male or female slave, they are believed; a person
is not believed about himself.
3) A HIDING PLACE
(b) (Gemara - Contradiction - Beraisa): An army enters a
city. If it is peacetime, open barrels of wine are
forbidden, closed barrels are permitted; in wartime, both
are permitted, because there is not time to use it for
(c) Answer #1 (Rav Mari): There is time to rape women, but
not to serve idolatry.
(d) Answer #2 (R. Yitzchak Bar Elazar): We distinguish the
army of the country from an invading army. (Rashi: the
home army does no damage; an invading army damages;
Tosfos: the home army has time, an invading army has no
(e) Question: Even by an invading army, certainly one slipped
away! (Rashi: and raped a woman, why are they permitted?
Tosfos: a woman escaped, why are they prohibited?)
(f) Answer (Rav Yehudah): There are guards that see everyone.
(g) Question: Certainly, guards sometimes doze!
(h) Answer (R. Levi): The city is surrounded by chains, dogs,
sticks, thorns and geese (so anyone leaving would be
(i) (R. Aba Bar Zavda): R. Yehudah Nesi'ah and Chachamim
argued as R. Yitzchak and R. Levi. One distinguished
between the host army and an invading army; the other
said that the city is surrounded by chains, etc.
(a) (Rav Idi Bar Avin): If there is a hiding place in the
city, all wives of Kohanim will be permitted.
(b) Question (R. Yirmiyah): Do we say this even if it can
only hold one woman?
1. Do we say by each woman, she hid there - or not?
(c) Suggestion: The law should be as the case of 2 paths.
1. (Mishnah): There are 2 paths; one is pure, one is
impure. Reuven walked on one path and touched pure
objects; Shimon walked on the 2nd path and touched
(d) Here, too we are deciding the law of all the women
2. R. Yehudah: If they ask at different times, we tell
each that what he touched is pure; if they ask
together, we tell them that what they touched is
3. R. Yosi says, either way what they touched is
4. (Rava): R. Yehudah: If they ask at the same time,
all agree we tell them 'impure'; if they ask at
different times, all agree that what they touched is
pure; they only argue when one comes to ask for
himself and his friend.
i. R. Yehudah compares this to asking at different
times; R. Yosi compares this to asking at the
(e) Rejection: The comparison is no good. There, one path is
certainly impure; here, perhaps all women are still pure!
(f) Question (Rav Ashi): If she says that she did not hide
there, but was not defiled, is she believed?
4) CAN A MAIDSERVANT TESTIFY ABOUT HER MASTER?
1. Do we say, she is believed - why should she lie, she
could have claimed that she hid there!
(g) Suggestion: The law should be the same as the case of
Reuven who rented his donkey to Shimon, with instructions
not to lead it near the river, since it is wet. Shimon
led it by the river, and it died.
2. Or, do we not say this?
1. Shimon: I led it by the river, but it was dry!
(h) Rejection: The comparison is no good. There, witnesses
know that it is wet by the river. Here, we have no
witnesses that she was defiled - it is merely a
2. Rabah: He is believed - why should he lie, he could
have said that he didn't lead it by the river!
3. Abaye: We do not apply such reasoning to contradict
witnesses (and we can testify that it is wet by the
1. We do apply the logic 'why should she lie?' to
overcome a suspicion.
(a) (Mishnah): Even a male or female slave is believed.
5) A WOMAN WHO BECOMES PROHIBITED TO HER HUSBAND
(b) This connotes, even her maidservant is believed.
(c) Contradiction (Mishnah): A dying man divorced his wife on
condition that he dies. They may not be in isolation
together, unless a person is with them, even a slave,
except for her maidservant, because she is uninhibited
in front of her maidservant.
(d) Answer #1 (Rav Papi): We are more lenient regarding a
(e) Answer #2 (Rav Papa): Her maidservant is not believed;
her husband's is.
1. Question: Is her maidservant not really believed?
(f) Answer #3 (Rav Ashi): Both cases talk about her
maidservant. Even if she sees something, she is silent.
i. (Mishnah): A person is not believed about
himself - we infer, her maidservant is
2. Answer: Her maidservant is like herself.
1. By the divorce, we are lenient if we hear nothing,
so she cannot be the one to guard them. By the
captive, if she is silent, the woman is prohibited,
so the slave is believed.
(g) Question: Here, too we should be concerned that her
maidservant will lie!
(h) Answer: Keeping silent is 1 sin; she would not do a 2nd
sin, to testify falsely.
1. We see this principle by the case of Mari Bar Isak.
His brother came after being away for a long time,
and asked for half the inheritance of their father.
(i) Suggestion: The Tana'im argue if her maidservant can
testify about her.
2. Mari: I don't recognize you.
3. Rav Chisda: This is a valid claim - Yosef's brothers
did not recognize him, because he left them before
he had a full beard! Bring witnesses to testify that
you are Mari's brother.
4. The brother: I have witnesses, but they are afraid
to testify, because Mari is a powerful man.
5. Rav Chisda: Mari, get the witnesses to testify that
he is not your brother.
6. Mari: Is this the law - he who wants to take money
from its owner must bring proof!
7. Rav Chisda: I rule thusly to you and your fellow
8. Question: We should be concerned, the witnesses will
lie for Mari!
9. Answer: They would not do a 2nd sin, to testify
(j) (Beraisa #1): Testimony that a captive was undefiled may
be given by a man, woman, boy, girl, her father, mother,
brother and sister, but not her son, daughter, slave or
(k) (Beraisa #2): All are believed to testify about her,
except herself and her husband.
1. Rav Papi and Rav Ashi must say the Tana'im argue
(Beraisa #1 contradicts them).
2. Question: Must Rav Papa also say that they argue?
3. Answer: No - the 2nd Beraisa can be a case when they
i. (Rav Dimi): A boy came in front of R. Yehoshua
Ben Levi talking about when he and his mother
ii. 'When I went to draw water ... to gather wood,
my mind was (always) on my mother. Based on
this testimony, Rebbi allowed her to marry a
(a) (Mishnah): R. Zecharyah Ben haKatzav: I swear, my wife
didn't leave my side from the time the invaders entered
Yerushalayim until they left!
(b) Chachamim: A man cannot testify for himself.
(c) (Gemara - Beraisa): Still, he designated a house for her
in his courtyard. When she would leave, she would leave
before her children; she would enter after her children
(to never be alone with him).
(d) Question (Abaye): Is this set-up acceptable for a
1. Perhaps we are only lenient by a captive - or
perhaps, there is no difference.
(e) Answer (Beraisa): One who divorces his wife, she may not
get married in his neighborhood.