KESUVOS 35 (18 Adar) - Dedicated by Harav Shlomo Weinberger of Brooklyn, NY, in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, a Holocaust survivor who raised his family in a new country, bequeathed his children steadfast commitment to Torah and its study.

[35a - 30 lines; 35b - 26 lines]

1a)[line 1]אסון ממשA SON MAMASH- (lit. an actual tragedy) death [of the woman]

b)[line 1]דין אסוןDIN ASON- the death penalty (and in the context of the verse, when there is no Din Ason, this includes an incident where the woman is not killed and when she is killed but the assailant did not receive a proper warning beforehand)

2)[line 5]מכה אדם ומכה בהמהMAKEH ADAM U'MAKEH VEHEMAH- this refers to the verse, "u'Makeh Vehemah Yeshalemenah; u'Makeh Adam Yumas" - "And he who kills a beast, he shall pay for it; and he who kills a man, he shall be put to death." (Vayikra 24:21)

3)[line 27]בחובל בחבירוCHOVEL B'CHAVEIRO

See Background to 32:1.

35b----------------------------------------35b

4)[line 2]שיראיןSHIRA'IN- silk garments

5)[line 22]הממאנתHA'MEMA'ENES (MI'UN)

(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

(b)If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.

(c)According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave her the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).

(d)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

6)[line 23]איילוניתAILONIS- a woman who is incapable of conception. This word is derived from the word "Ayil," a ram, which is a male sheep and does not have a womb (Kesuvos 11a).

7)[line 24]והיוצאת משום שם רעHA'YOTZES MISHUM SHEM RA (MOTZI SHEM RA / NA'ARAH HA'ME'URASAH)

(a)See Background to 11:14.

(b)The Gemara presumes that this is referring to Motzi Shem Ra and concludes that it is referring only to a rumor that she committed adultery.

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