More Discussions for this daf
1. Na'ara versus Na'ara*h* 2. No Reason the Father should keep Tza'ar payment 3. עשה דוחה ל"ת
4. רואין אותה כאילו היא שפחה נמכרת
DAF DISCUSSIONS - KESUVOS 40

Avrumi Hersh asks:

40b

If the only reason the father gets boshes and pegam for the ones of the naaroh daughter, is because he can give her to a menuval, then why does the father get tzaar? Presumably even if the father marries her off b'al korcho to thus smelly man, he is still not allowed to be meanes her. Even if she is his wife. Bney anusah, That's one of the 9 middos. The maximum this menuval can do, is to be mefateh her, and then there is no tzaar vecause she is niveles berotzon. So how do we know that the dad keeps her tzaar?

Avrumi Hersh, London england

The Kollel replies:

Your question is discussed in the Mefarshim. The Pnei Yehoshua brings a proof from your question that there are two kinds of Tza'ar: the Tzaar of rape that is only by Ones, and there is another Tza'ar of Bi'ah Rishonah, which is included in the payment of the first Tza'ar, and still by Mefutah he does not have to pay even though there is a Tza'ar like that by Mefutah. The second Tza'ar is present in any case the father marries his daughter off, whether the husband is Menuval or not, and we can say that it is b'Yad the father to send her off to have this Tza'ar, one of the two, and that justifies the payment to the father.

Kol Tuv,

Aharon Steiner