REVACH L'DAF
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SUMMARY
Rebbi Meir says that three women may use a Moch as a means of birth control because of the danger of getting pregnant. (1)
The Chachamim say that using a Moch is forbidden, because "Hashem watches over fools" and will protect her from any harm that may be caused by pregnancy.
The period of time that a girl is a Na'arah is only six months.
Rava asks: If someone rapes a girl and she dies and subsequently becomes a Bogeres, must he pay a Knas? (2)
Mar bar Rav Ashi asks: If the Na'arah dies after she is raped, must he pay a Knas?
If the girl gets married or becomes a Bogeres after she is raped the Knas is paid to her, not to her father.
If a Na'arah who was betrothed (with Eirusin) makes a vow, the father and the husband may annul it. (3)
A man who seduces a girl pays Boshes, Pegam, and the Knas, and a rapist also pays for Tza'ar.
A man who rapes a girl must marry her and may never divorce her. (4)
Rebbi Shimon says that a rapist does not pay for Tza'ar, because she was inevitably going to suffer pain from her husband. (5)
A woman who is seduced does not suffer pain.
A man who rapes a girl gives the Knas immediately, but if he seduces her he gives it when they decide not to get married. (6)
If a girl is raped or seduced, both she and her father may withhold her from marrying the perpetrator.
If the rapist dies after he marries the victim, or she demands a Get from him, she does not receive a Kesuvah. (7)
A BIT MORE
1. The three women are a minor, a pregnant woman, and a nursing woman. A minor between the ages of 11 and 12 is permitted to use a Moch because of the danger of pregnancy for a young girl. A pregnant woman is permitted because of the potential danger of pregnancy to the fetus. A nursing woman is permitted because pregnancy may result in the discontinuing of her nursing, which would put her child in danger.
2. However, death alone without her becoming a Bogeres after death does not exempt him from a Knas. Rava disagrees with Abaye who rules that if the Na'arah dies, he is exempt from a Knas.
3. Only if they both annul the vow is it effectively annulled.
4. If she is forbidden to him, he may not marry her.
5. The Chachamim maintain that the pain of being raped is greater than the pain of consensual relations.
6. However, the Boshes and Pegam must be given immediately.
7. Rebbi Yosi bar Yehudah maintains that she receives a Kesuvah of a Maneh.
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BRIEF INSIGHT
A KESUVAH FOR A WIDOW
The Gemara says that the Rabanan instituted the Kesuvah to make it difficult for a husband to divorce his wife. Tosfos asks that the reason does not apply to a widow, so why does a widow receive a Kesuvah? The Ri answers that since the Rabanan instituted the Kesuvah to make it difficult for a husband to divorce his wife, they also instituted the Kesuvah for a widow for the reason of "Chen" (to make it easier for her to remarry). However, the reason of "Chen" is not a strong reason, and therefore for that reason alone they would not have instituted the Kesuvah.
QUICK HALACHAH
THE AGE OF A NA'ARAH
A girl from the time she is born until she is 12 years old is regarded as a Ketanah. Even if she develops pubic hair during that time, it is not regarded as a sign of adulthood. However, if she develops pubic hair after she turns 12, it is regarded as a sign of adulthood, and she now has the status of a Na'arah. For the next six months, she has the status of a Na'arah. After the six months, she has the status of a Bogeres. (Rambam, Hilchos Ishus 2:2)
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