1)

(a)Our previous statement is based on a Beraisa that Rav Bibi cited in front of Rav Nachman, which discusses women using a cloth during intimacy - to prevent themselves from becoming pregnant.

(b)Most women are forbidden do this (see Tosfos DH 'Shalosh'). The reason that it is permitted to ...

1. ... a Ketanah is - because she might become pregnant and die (i.e. should she become pregnant she will die).

2. ... a woman who is pregnant is - in case she becomes pregnant again, in which case the second fetus will squash the first one and kill it.

3. ... a feeding mother is - in case she becomes pregnant, and the fact that a pregnant woman is short of milk will force her to wean her baby prematurely, thereby causing his death.

(c)A Ketanah, in this regard, refers to a girl between the ages of eleven and twelve. A girl who is under eleven is not permitted to use a cloth - because she cannot become pregnant anyway, so there is nothing to be afraid (whereas a girl who is over twelve is not in danger of dying should she become pregnant).

(d)This is the opinion of Rebbi Meir. The Chachamim forbid even the above women to use a cloth - because Hash-m looks after 'fools' who do not look after themselves.

(e)This ruling is based on the Pasuk in Tehilim "Shomer Pesayim Hash-m".

2)

(a)The problem with Rava from this Beraisa is - that it transpires that a Na'arah cannot give birth, because 'Mah Nafshach', if she became pregnant when she was a Ketanah, she will not survive the pregnancy, whereas if she became pregnant when she was already a Na'arah, she cannot give birth during the period of Na'arus ...

(b)... because Shmuel stated that there are only six months between Na'arus and Bagrus, and it is not possible to give birth in six months.

(c)When Shmuel said that there are six months between Na'arus and Bagrus, he could not have meant less than six months (but that there can be more) - because he used the expression 'only six months' (and not 'at least').

3)

(a)So we re-interpret Rava's She'eilah. According to the new interpretation, if we say ...

1. ... 'Yesh Beger ba'Kever' - the father loses his right to claim the Kenas, in which case the rapist or the seducer will be entitled to keep it.

2. ... 'Ein Beger ba'Kever' - then the father will still be able to claim it.

(b)Abaye said above that Misah (like Bagrus) removes the right to claim Kenas. Rava (in this Lashon) holds - that it does not, and it is only when she actually becomes a Bogeres in the grave that he has his Safek.

(c)Mar bar Rav Ashi interprets Rava's She'eilah differently. According to him - Rava's She'eilah is whether death has the same effect as Bagrus (to exempt the rapist from paying the father) or not. This is precisely the case where Abaye maintains that the rapist is Patur from paying (giving death the same effect as Bagrus), and this is the case to which we were referring when we said above that what was obvious to Abaye was a She'eilah to Rava.

(d)Rava concludes - 'Teiku' (Tishbi Yetaretz Kushyos v'Ibayos).

4)

(a)When Rava asked Abaye who will receive the Kenas if the girl subsequently becomes betrothed - he replied that the Torah writes "Asher Lo Orasah", and not "Asher Lo Arusah" (which would have implied that once she becomes betrothed, the father no longer receives the Kenas).

(b)When Rava asked Abaye in reply, why it is that, even though the Torah does not write "v'Nasan la'Avi ha'Na'arah Asher Lo Nesu'ah", the Tana of the Beraisa nevertheless writes that, if she married, it is she who receives the Kenas - he retorted that marriage is different, inasmuch as, like Bagrus, it takes a girl out of her father's jurisdiction. Consequently, like Bagrus, the Kenas will naturally go to the girl.

(c)We know that a girl is taken out of her father's jurisdiction ...

1. ... when she becomes a Bogeres - because the Torah only gives a father rights in his daughter whilst she is a Na'arah. Nowhere does the Torah give him jurisdiction over her, once she becomes a Bogeres.

2. ... when she gets married - because we have a precedent with regard to Nedarim, where the father loses his rights to nullify his daughter's Nedarim once she gets married.

(d)Betrothal may well be different - because in the same case of Nedarim, the girl's father does not lose his total jurisdiction over her, but retains the authority to nullify her vows in conjunction with her Chasan.

5)

(a)Our Mishnah now discusses the differences between Ones and Mefateh. Besides Kenas - a seducer also pays for Boshes and Pegam.

(b)In addition to the above - a rapist must also pay for the pain.

(c)A rapist pays immediately, seeing as he has to marry the girl anyway - whereas a seducer, who has the choice of marrying her or of paying, only needs to pay after he divorces her (this will be amended shortly).

(d)As we have already stated, the seducer has the option of marrying her or of paying. The rapist, on the other hand, 'Shoseh ba'Atzitzo' - meaning that he is forced to drink the cup that he himself chose (even if she happens to be lame, blind or a leper.

6)

(a)If, after betrothing the girl, the rapist discovers that she committed adultery, or if she is forbidden to marry into the Kahal even before he betrothed her - he will be obligated to divorce her.

(b)Our Mishnah learns this from the Pasuk in Ki Setzei "v'Lo Siheyeh l'Ishah" - implying a woman who is fit for him to marry (but not one who is not).

(c)Rebbi Shimon ben Yehudah Amar Rebbi Shimon, in a Beraisa, exempts the rapist from paying for the pain - on the grounds that she was destined to suffer that pain when she got married anyway.

(d)The Rabanan (the Tana of our Mishnah) counter Rebbi Shimon's argument - by pointing out that one cannot compare the Tza'ar of a woman who is intimate of her own accord to that of a woman who is raped.

7)

(a)Shmuel's father explains the pain that a rapist has to pay - as the pain of having been thrown to the ground.

(b)Rebbi Zeira extrapolates from there - that if the rapist had thrown her on to silks, he would be exempt from paying for the pain.

(c)And he goes on to refute Shmuel's father's explanation on the basis of this inference (based on Rebbi Shimon ben Yehudah Amar Rebbi Shimon) - who exempts Ones from paying pain, on the grounds that she was destined to suffer that pain anyway when she got married. But surely that is not something that a husband would do to his newly-married wife!

8)

(a)Rabah bar Avuhah therefore explains the pain in our Mishnah - as the pain of opening her legs.

(b)According to Rav Nachman Amar Rabah bar Avuhah, a seducer is exempt from paying for the pain - because once a girl agrees, it is as if she has expressed her willingness to accept the pain (and to forego the claim to the payment for it).

(c)The problem with this explanation is - what authority she has to forego the rights of her father.

9)

(a)So Rav Nachman Amar Rabah bar Avuhah concludes that in fact, a girl who is seduced does not feel any pain. Different women describe the pain in different ways, though they all agree that it is minimal. The pain of a Mefutah is less than that of an Anusah - because it is negated by the pleasure.

(b)Abaye quoted his 'mother', who compared the pain of a Mefutah to that of hot water on a bald man's head. Bearing in mind that Abaye was an orphan, when he quoted his 'mother' - he meant the wise nanny who brought him up.

(c)Rava quoting bas Rav Chisda (his wife), compared the pain to the puncture of a lancet (piercing the skin in order to let blood) - bas Aba Sura'a (Rav Papa's wife), to hard bread rubbing against the palate.

10)

(a)The Tana of our Mishnah stated that a seducer only pays Kenas when he divorces the girl. What he really meant to say was - when he decides that he does not want to marry her (since we are speaking when he has not yet married her).

(b)The Beraisa rules that - he is obligated to pay Boshes and Pegam immediately (whether he decides to marry the girl or not).

(c)We learn from the double expression "Im Ma'en Yema'en Avihah" - that, not only does the seduced girl's father have the right to stop the seducer from marrying her, but so does she.

11)

(a)We learn from "v'Lo Siheyeh l'Ishah" that the girl has the right to stop the rapist from marrying her. In fact, the father can refuse too. Abaye learns this from a Sevara 'she'Lo Yehei Chotei Niskar' (that the sinner should not gain). Rava learns it from a 'Kal va'Chomer' from a seducer - if already where he only contravened the father's wishes, both the girl and her father are able to stop him from marrying her, then surely, in the case of a rapist, who has contravened the wishes of the girl as well, the father as well as the girl should be able to stop him.

(b)The reason that ...

1. ... Rava does not learn like Abaye is - because, seeing as he pays Kenas, it cannot be considered a case of 'Chotei Niskar'?

2. ... Abaye does not learn like Rava is - because, in the case of rape, where the rapist cannot refuse to marry the girl, perhaps the father is not able to refuse either.

12)

(a)The problem with the Beraisa which says that when a rapist divorces the woman whom he raped, he is exempt from paying her Kesuvah is - that a rapist is never permitted to divorce the woman whom he raped.

(b)What he must therefore mean is - that if the girl subsequently walked out and demanded her Kesuvah, she does not receive it.

13)

(a)According to the Tana Kama, she does not receive a Kesuvah if he dies either - because the Kenas takes the place of her Kesubah.

(b)According to Rebbi Yosi b'Rebbi Yehudah - she receives a Kesuvah of one Manah.

(c)Their Machlokes is based on the reason that the Chachamim instituted a Kesubah in the first place - which is to protect the woman (so that the man should not find it easy to divorce his wife).

(d)Consequently, the Tana Kama holds that here, where he is forbidden to divorce her anyway, it is not necessary to give her a Kesubah. Rebbi Yosi b'Rebbi Yehudah argues - that sometimes he will make life miserable for her, in an effort to force her to demand a Get. So Chazal made that difficult for him to do.

14)

(a)We learn from the Pasuk "Mahor Yimharenah Lo l'Ishah" - that although in other regards, we learn the Dinim of Ones and Mefateh from each other, we will not learn Mefateh from Kenas with regard to marrying her against his will, because "Lo" implies with his consent.

(b)We learned in our Mishnah that, if the girl is forbidden to marry into the Kahal, the rapist is forbidden to marry her. Rav Kahana queries this however - on the basis of the principle 'Aseh Docheh Lo Sa'aseh', in which case, the Aseh of "v'Lo Siheyeh l'Ishah" ought to override the Lo Sa'aseh of Pesulei Kahal.

(c)Our Sugya cites the case of Milah b'Tzara'as, where the principle of 'Aseh Docheh Lo Sa'aseh' does apply. The case of Milah b'Tzara'as is - when a baby who requires the Mitzvah of Milah is found to have Tzara'as on the location of the Milah. Yet, in spite of the Lav "Hishamer b'Nega Tzara'as" (forbidding the removal of a mark of Tzara'as), the Mitzvah of Milah prevails (see Tosfos DH 'K'gon').

(d)Rav Zevid from Neherda'a replies by differentiating between a rapist who raped a Pesul Kahal and the case of 'Milah b'Tzara'as' - because, in the former case, the Aseh is not obligatory, seeing as she has the right refuse (so we actually train her to do so [though it is unclear as to why Rashi finds it necessary to learn like this]). Consequently, there is no Aseh to override the Lo Sa'aseh.