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Revach L'Daf
יום ג', פרשת עקב
Kesuvos 41

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  • Summary of the Daf
  • One who admits to seducing the daughter of his friend is obligated to pay Boshes and Pegam, but he is exempt from Knas.
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  • Rebbi Shimon bar Yehudah: One who admits to seducing the daughter of his fellow man is exempt from Boshes and Pegam.
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  • One who admits to a Geneivah must pay the principal, but he is exempt from paying double.
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  • One who admits that his ox gored his friend is obligated to pay, but if he admits that his ox gored a servant he is exempt.
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  • Rav Papa: The payment of half-damages for the damages of a Shor Tam is Mamon, not Knas.
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  • Rav Huna bar Yehoshua says that the payment of half-damages for the damages of a Shor Tam is Knas, not Mamon.
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  • The owner of the damaged ox is responsible for the carcass of the ox from the moment it was damaged. The owner of a Shor Tam pays half-damages only from the body of the Shor that did the damage. The owner of a Shor Mu'ad pays complete damages from the best of his property. The owner of a Shor Mu'ad pays Kofer (payment to the family of the deceased) for a person that was gored to death. Rebbi Yosi ha'Glili: The owner of a Shor Tam pays half of the Kofer. If an animal damages by kicking pebbles, the owner pays half of the damages. A dog that eats a sheep and a cat that eats a large rooster are regarded as out of the ordinary, and the damages are not collected in Bavel.
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  • If the person who is owed a Knas seizes the payment, he may keep it even if he lives in Bavel. The damaged party has the right to demand to go to the Beis Din in Eretz Yisrael in order to collect the Knas. A person may not keep a bad dog or an unstable ladder in his house.
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  • Brief Insight
    SEIZING A PAYMENT

    The Gemara says that payments of Knas are not collected in Bavel. However, if the person who is owed the Knas seizes the payment, he may keep it. Rabeinu Tam says that he may keep it only if he seizes the actual animal that caused the damages. If he seizes anything else as payment, he may not keep it. The reason is that if we allow the person to seize anything he wants, he might grab more than the amount that he is owed and we would not be able to do anything about it since we cannot judge cases of Knas. If we do take away from him the extra amount that he was not entitled to take, in effect we would be judging a case of Knas in Bavel. Therefore, the Rabanan allow him to take only the actual animal and nothing else.
  • Quick Halachah
    MODEH B'KNAS

    A PERSON NEVER PAYS A KNAS AS A RESULT OF HIS OWN ADMISSION, BUT ONLY AS A RESULT OF TESTIMONY OF WITNESSES. THEREFORE, ONE WHO ADMITS TO RAPING OR SEDUCING ANOTHER MAN'S DAUGHTER DOES NOT PAY THE KNAS. HE PAYS ONLY FOR THE EMBARRASSMENT AND DAMAGES. (RAMBAM, HILCHOS NA'ARAH 2:12)
  • Chakirah
    Why is a person obligated for admitting to a debt? Is it because he is believed regarding his own debts, or because his admission itself creates an obligation to pay?
  • Author's Suggestion
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