1)

Why in Pasuk 25, in connection with the Din of Chiyuv Sekilah, does the Torah write "ve'Hichzik Bah ha'Ish", and here, in connection with K'nas, "u'Sefasah ve'Shachav Imah"?

1.

Oznayim la'Torah: Because whereas in the earlier Pasuk (where there were wirnesses and warning), must be speaking where they only saw the act in the middle, 1 where the man was holding the girl down; whereas the current Pasuk, where a warning is not necessary, is speaking where they actually saw the man grab hold of the girl.


1

Since they did not know whether or not the girl screamed initially. In fact, even if she did, and subsequently she aquiesced, she is Patur. See Oznayim la'Torah on Pasuk 25.

2)

If a rapist marries the girl, is he Patur from paying the fifty Shekalom - like a seducer who marries the girl he seduced?

1.

Rashi (in in Yevamos, 60a): "Venasan ha'Ish ha'Shochev Imah" implies that he is obligated to pay unconditionally - even though he marries her.

3)

Why does the Torah add the (otherwise superfluous) words "ha'Ish ha'Shochev imah"?

1.

Kesuvos, 40b: To teach us that the fifty Shekalim are for the pleasure of lying with her, implying that he is also obligated to pay for her Boshes (shame), P'gam (for lowering her value) and Tza'ar (pain).

2.

Targum Yonasan: 'The rapist must pay the girl's father fifty Shekalim to compenste her shame. 1


1

See Na'ar Yonasan.

4)

Why does the Torh insert the (otherwise superfluous) word "la'Avi ha'Na'arah"?

1.

Kesuvos, 29b: "Na'ar", "Na'arah", "ha'Na'arah" - One for itself, one to include Chayvei La'avin and one to include Chayvei Kareis. 1

2.

Sifri: To preclude the father of a Bogeres from receiving the K'nas. 2

3.

See Torah Temimah on Pasuk 19, citing Yerushalmi Kesuvos, 4:1 and note 148.


1

Despite the Pasuk 'Lo Tih'yeh le'Ishah" - implyimg a girl whom he is permitted to lie with.

2

See Torah Temimah, note 203.

5)

Why is the word "ha'Na'arah" written without a 'Hey' at the end?

1.

Kesuvos, 40b: Refer to 22:19:1:1.

6)

What are th implications of "ve'Lo Sih'yeh le'Ishah"?

1.

Refer to 22:19:5:2-4 and notes.

2.

It implies that if she has the right to object to marrying the rapist.,

7)

Why does the Torah add the (otherwise superfluous) words "Tachas asher Inah"?

1.

Kesuvos, 40b: To obligate the rapist to pay Boshes, P'gam and Tza'ar - over and above the K'nas. 1

2.

Yerushalmi Kesuvos, 3:1: To incorporate a Yesomah, who receives the K'nas in her own right since she was afflicted. 2

3.

Yerushalmi Kesuvos, 4:1: To incorporate a Na'arah who was raped but who bedcme a Bogeres before going to Beis-Din. 3


1

Refer to 22:9:1:1. The earlier D'rashah is according to Rava, the latter, according to Abaye.

2

See Torah Temimah, note 210.

3

See Torah Temimah, note 211.

8)

Why does the Torah add the (otherwise superfluous) words Lo Yuchal Shalchah Kol Yamav"?

1.

Makos, 15a: It is as if the Torah had writtem 'Kol Yamav be'Amod Vehachzor' - adding an Asei to the La'av. Consequently, in the event that he divorces her, if he is a Yisrael, he is not subject to Malkos, 1 seeing as he is able to perform the Asei.


1

Refer to 21:19:5:1.

9)

Why does the Torah write "Lo Yuchal Shalchah" and not 'le'Shalchah' as it did in Pasuk 19 - in connection with Motzi-Shem_Ra?

1.

Oznayim la'Torah: The Torah writes it with a 'Lamed' - as it generally does - because, if not for the prohibition, he woujld be able to divorce her immediately (since she is his wife). Whereas here - by Oneis - where (she is not yet married to him and) he would have ro first fulfill "ve'Lo Sih'yeh le'Ishah" before being able to fulfill the prohibnition of not divorcing her, the Torah writes "Shalchah" without a 'Lamed'.

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