More Discussions for this daf
1. Gezeirah Shavah 2. Why does the Mishnah discuss sisters 3. The Torah already says that Chovel pays Mamon
4. Why did R' Yochanan declare this particular Lav 5. Why does the Mishnah discuss sisters
DAF DISCUSSIONS - KESUVOS 32

Avrumi Hersh asks:

32a

The gemoro says that Acc to ulla, this braisa in makkos that says that with a sister you get malkus, applies only when there's no money to pay, e.g. a shoteh who has no boshes or pegam. In that case you get malkus for sister cos there's no momon.

If we are talking about a shoteh who has no pegam, then you would be chayav malkus even she not your sister, because the gemoro says later on 23a top that if you don't have any chiyuv tashlumin for chovel, then you get malkus. Meaning that a shoteh who has no pegam I.e. less than a prutah worth, should get malkus for chavoloh, even if she is not your sister?!

If this is not an act of chavolo at all, then it would be permissable to be meanes or mefateh any shoteh beula LECHATCHILA without any consequences. (As long as there is no tzaar)

I find it very hard to believe that this is not called chovel, even if there is no prutah of tashlumin. It is still a MAASEH of chovel.

Avrumi Hersh, London england

The Kollel replies:

Since there is an Aveirah to hit (Chovel) someone, if the Mamon is less than a Perutah he gets Malkus. But living with a Shotah there is no act of embarrassing at all, there is no Pegam at all, etc., so there is no Aveirah of Chabalah and therefore there is no Malkus.