POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Kesuvos 40
1) A RAPIST MUST MARRY THE GIRL
(a) Answer (Rav Ashi): By an enticer it says "Yimhareno (He
will take her as a wife with a Kesuvah) *Lo* (to him)" -
if he wants.
2) A GIRL THAT WAS ENGAGED AND DIVORCED
(b) (Mishnah): He must marry her ... if she committed
adultery, or is forbidden to him, he may not keep her.
(c) Question (Rav Kahane): Why doesn't the Mitzvas Asei to
marry her override the Lav?
(d) Answer (Rav Zvid me'Nehardai): An Asei overrides a Lav in
cases such as cutting off a plague during circumcision,
since there is no other way to fulfill the Asei.
1. Here, if she says that she does not want to marry
him, there is no longer an Asei!
(a) (Mishnah - R. Elazar): An orphan girl that was engaged
and divorced - one who rapes her must pay, one who
entices her is exempt.
3) EMBARRASSMENT AND BLEMISH
(b) (Gemara - Rabah Bar Bar Chanah): R. Elazar holds as his
Rebbi, R. Akiva.
1. He holds, such a girl receives the fine herself.
(c) Question: How do we know this?
(d) Answer: The law is obvious by an orphan! Rather, the
Mishnah teaches that a Na'arah that was engaged and
divorced has the law of an orphan - she receives the fine
(e) (R. Zeira): The law is as R. Elazar - he is the happiest
of the Chachamim!
(a) (Mishnah): Embarrassment is evaluated according to the
embarrasser and the embarrassed one;
(b) To evaluate blemish, we appraise the decrease in the
price one would pay to buy her as a slave;
(c) The fine is the same for all;
(d) Anything which is fixed by the Torah is the same for all
(e) (Gemara) Question: We should say, the 50 Sela'im
(Shekels) that the Torah specified is the full
(f) Answer #1 (R. Zeira): If so, people would say, the fine
for a king's daughter is the same as the fine for a
(g) Objection (Abaye): People could say by the fine for one
whose animal kills a slave - one pays 30 Shekels for a
slave that can string pearls (a very lucrative
profession), as for a slave that just sews!
(h) Answer #2 (R. Zeira): If 2 men had relations with her,
one normally, and one in the abnormal way (that leaves
her as a virgin) - people will say, the same 50 Shekels
are paid for a full virgin as for a blemished girl?
4) A FINE FOR MINORS
(i) Objection (Abaye): People could say by the fine for a
slave - one pays 30 Shekels for a healthy slave, as for a
(j) Answer #3 (Abaye): "Compensation for that he afflicted
her" - this implies that embarrassment and blemish are
(k) Answer #4 (Rava): "That lied with her" - 50 Shekels is
for the pleasure of lying with her, implying that
embarrassment and blemish are also paid.
(l) Question: Let us say, she receives these payments!
(m) Answer #1: "When she is a Na'arah in her father's house"
- all money which comes to a Na'arah goes to her father.
1. Objection: If so, why did Rav need a different
source to learn that her father gets her earnings?
(n) Answer #2: It is logical that these payments go to the
father, since he can receive money for marrying her to a
disgusting person or a leper.
i. (Rav): "When a man will sell his daughter as a
slave" - just as the earnings of a slave belong
to her master, so the earnings of a daughter
belong to her father.
2. Rather, we must say that "A Na'arah in her father's
house" only teaches about vows.
3. Suggestion #1: Perhaps we can learn embarrassment
and blemish from vows!
4. Rejection: We do not learn monetary laws from
5. Suggestion #2: Perhaps we can learn from the fine!
6. Rejection: We do not learn monetary payments from
(o) (Mishnah): We evaluate blemish as if she was a slave
(p) Question: How do we evaluate this?
(q) Answer (Shmuel's father): We evaluate the difference,
what would one pay for a virgin slave from a non-virgin.
(r) Question: One buys a slave for work - what does he care
if she is a virgin?
(s) Answer: He wants to marry her to his slave.
(t) Question: What difference does it make to the owner?
(u) Answer: He likes the slave, and wants to give him a
(a) (Mishnah): Whenever a man can sell his daughter as a
slave, namely before she is a Na'arah, there is no fine
for her; whenever there is a fine for her, namely while
she is a Na'arah, he cannot sell her;
(b) A Bogeres cannot be sold and has no fine.
(c) (Gemara - Rav Yehudah): The Mishnah is as R. Meir;
Chachamim say, there is a fine for a girl that can be
1. (Beraisa - R. Meir): From the day a girl is born
until she becomes a Na'arah, she may be sold, but
has no fine; when she brings 2 hairs (i.e. becomes
a Na'arah), she has a fine but cannot be sold;
(d) (Rav Chisda): R. Meir learns from "To him she will be a
wife" - the verse deals with one who can marry herself
2. Chachamim say, a girl has a fine from 3 years until
she is a Bogeres.
i. Question: She has a fine, but may not be sold?
ii. Answer: She has a fine even though she can be
1. (Reish Lakish): The Chachamim learn that when the
Torah says "Na'arah", a minor is also included.
(e) (Rav Ashi): We learned that Reish Lakish said this
regarding Motzi Shem Ra (a man that claims that his Kalah
had adultery before the wedding).
1. (Reish Lakish): One who is Motzi Shem Ra on a minor
is exempt - "He will give to the father of the
*Na'arah* (spelled full, with a *Hei*)" - the Torah
speaks of a full Na'arah (and not a minor).
2. Question (Rav Ada Bar Ahavah): Had the Torah not
written this, would we think that even a minor is
i. "The Na'arah ... will be stoned" - but a minor
is not executed!
3. Answer: Here, we know that the verse speaks of a
full Na'arah; we infer, where Na'arah is spelled
deficiently, even a minor is included.