KESUVOS 46 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 


12th CYCLE DEDICATION
KESUVOS 46 (5 Cheshvan) - Dedicated in honor of the third Yahrzeit of Reb Naftali ben Reb Menachem Mendel (Tuli Bodner) Z"L, an Ish Chesed and Ish Ma'aseh who radiated joy and whose Ahavas Yisrael knew no bounds. Dedicated by his son, Mordechai Bodner, of Givat Mordechai, Yerushalayim.

1)

(a)The Pasuk in Ki Setzei (in connection with Motzi Shem Ra") writes "v'Hisru Oso ... v'Anshu Oso Me'ah Kesef". Clearly, "v'Anshu Oso" refers to Mamon. What does "v'Yisru Oso" refer to?

(b)What does Rebbi Avahu learn from the sequence "Yisru" from "v'Yisru Oso" (in connection with ben Sorer u'Moreh), "Yisru" from its own "ben", and its own "ben" from "v'Hayah im bin Hakos ha'Rasha" (in connection with ben Sorer u'Moreh")?

1)

(a)The Pasuk in Ki Setzei (in connection with Motzi Shem Ra") writes "v'Hisru Oso ... v'Anshu Oso Me'ah Kesef". Clearly, "v'Anshu Oso" refers to Mamon. "v'Yisru Oso" refer to - Malkus.

(b)Rebbi Avahu learns from the sequence "Yisru" from "v'Yisru Oso" (in connection with ben Sorer u'Moreh), "Yisru" from its own "ben", and its own "ben" from "v'Hayah im bin Hakos ha'Rasha" (in connection with ben Sorer u'Moreh") - that "v'Yisru" means Malkus.

2)

(a)Rebbi Elazar learns the warning for Motzi Shem Ra from the Pasuk in Kedoshim "Lo Seilech Rachil b'Amecha". From where does Rebbi Nasan learn it?

(b)Rebbi Elazar uses the Pasuk "v'Nishmarta mi'Kol Davar Ra" for the Derashah of Rebbi Pinchas ben Ya'ir. What does Rebbi Pinchas ben Ya'ir learn from there?

(c)Rebbi Nasan uses the Pasuk "Lo Selech Rachil b'Amecha" as a warning to Dayanim. Which warning?

2)

(a)Rebbi Elazar learns the warning for Motzi Shem Ra from the Pasuk in Kedoshim "Lo Selech Rachil b'Amecha". Rebbi Nasan learns it - from the Pasuk in Ki Setzei "v'Nishmarta mi'Kol Davar Ra".

(b)Rebbi Elazar uses the Pasuk "v'Nishmarta mi'Kol Davar Ra" for the Derashah of Rebbi Pinchas ben Ya'ir - who learns from there that a person should take great care not to think unclean thoughts by day so as not to become Tamei at night (because the next Pasuk speaks about someone who has an emission at night).

(c)Rebbi Nasan uses the Pasuk "Lo Selech Rachil b'Amecha" as a warning to Dayanim - not to be soft to one of the litigants and hard on the other (since "Rachil" is the acronym of 'Rach Li').

3)

(a)What will be the Din if the husband did not invite the witnesses to testify (in the case of Motzi Shem Ra), but they came of their own volition?

(b)Rebbi Yehudah has a different opinion. What does he learn from the 'Gezeirah-Shavah' "v'Sam Lah Alilos Devarim" (by Motzi Shem Ra) & "Lo Sesimun Alav Neshech" (by Ribis)?

(c)The Isur of Ribis does not apply to a loan of land or to one of less than a Shaveh Perutah. Which three She'eilos does this prompt Rebbi Yirmeyahu to ask (regarding Motzi Shem Ra, according to Rebbi Yehudah)?

3)

(a)If the husband did not invite the witnesses to testify, (in the case of Motzi Shem Ra), but they came of their own volition - he will neither be Chayav to pay, nor will he receive Malkus.

(b)Rebbi Yehudah learns from the 'Gezeirah-Shavah' "v'Sam Lah Alilos Devarim" (by Motzi Shem Ra) & "Lo Sesimun Alav Neshech" (by Ribis) - that the husband is only Chayav if he actually hires the witnesses (but not if he invites them to testify without paying them).

(c)The Isur of Ribis does not apply to a loan of land or to one of less than a Shaveh Perutah. This prompts Rebbi Yirmeyahu to ask - whether the Dinim of Motzi Shem Ra will nevertheless apply, according to Rebbi Yehudah, if the husband paid his hired witnesses with land, or less than a Shaveh Perutah or if he rented the two witnesses for a Perutah between them.

4)

(a)Rav Ashi asked two She'eilos. The first She'eilah (whether the husband receives Malkus and has to pay if, after they divorced and remarried, he accuses his wife of not having been a Besulah when they married the first time) remains unanswered. What is his second She'eilah?

(b)We resolve the She'eilah from Rebbi Yonah in a Beraisa. What does Rebbi Yonah Darshen from the Pasuk in Ki Setzei "es Biti Nasati la'Ish ha'Zeh"?

4)

(a)Rav Ashi asked two She'eilos. The first She'eilah (whether the husband receives Malkus and has to pay if, after they divorced and remarried, he accuses his wife of not having been a Besulah when they married the first time) remains unanswered. His second She'eilah is - whether a Yavam who claims that his wife was not a Besulah when his brother married her will be punished for Motzi Shem Ra.

(b)We resolve the She'eilah from Rebbi Yonah in a Beraisa - who Darshens from the Pasuk "es Biti Nasati la'Ish ha'Zeh" - 'la'Zeh, v'Lo l'Yavam'.

5)

(a)We already cited the Machlokes between Rebbi Eliezer ben Yakov and the Rabanan on the previous Amud. The Rabanan state that if witnesses testified that the girl committed adultery whilst they were betrothed, she receives a Manah. What is wrong with this statement?

(b)So how do we amend it?

(c)Which important Halachah emerges from this Beraisa?

5)

(a)We already cited the Machlokes between Rebbi Eliezer ben Yakov and the Rabanan on the previous Amud. The Rabanan state that if witnesses testified that the girl committed adultery whilst they were betrothed, she receives a Manah. This statement cannot be correct however - because what she ought to receive is Sekilah, not a Manah.

(b)So we amend it to read that if witnesses testified that the girl committed adultery whilst they were betrothed, she is stoned, but if they testified that she had relations with a man prior to her betrothal, then she receives a Kesubah of a Manah.

(c)From this Beraisa there emerges the important Halachah - that if a man marries a woman on the understanding that she is a Besulah, and she turns out to be a Be'ulah, it is not a Mekach Ta'us (a false sale), and she receives a Kesubah of a Manah.

6)

(a)The Rabanan of Rebbi Eliezer ban Yakov do not differentiate between 'Ba'al' and 'Lo Ba'al'. Then how do they interpret the Pasuk ...

1. ... "u'Ba Eilehah ... va'Ekrav Eilehah"?

2. ... "Lo Matzasi l'Vitcha Besulim"?

(b)How do the Rabanan explain "u'Farsu ha'Simlah"

(c)How does Rebbi Eliezer ban Yakov explain it?

6)

(a)The Rabanan of Rebbi Eliezer ban Yakov do not differentiate between 'Ba'al' and 'Lo Ba'al'. They then interpret the Pasuk ...

1. ... "u'Ba Eilehah ... va'Ekrav Eilehah" - to mean "u'Ba Eilehah (ba'Alilos - to libel her)", "va'Ekrav Eilehah (bi'Devarim - with false accusations)".

2. ... "Lo Matzasi l'Vitcha (Kishrei) Besulim" (witnesses to disprove the first set of witnesses who condemned her).

(b)The Rabanan explain "u'Farsu ha'Simlah" to mean - that the parents must bring their witnesses to clarify the issue.

(c)Rebbi Eliezer ban Yakov explains it - literally, that they spread out the cloth with the bloodstains, to prove that she was a Besulah.

7)

(a)According to the Rabanan, a husband who slanders his wife is Chayav whether he consummated the marriage or not, Rebbi Eliezer ben Yakov requires Bi'ah. Is there any difference, according to him, whether he was Bo'el naturally or unnaturally?

(b)Rebbi Yochanan is quoted as differentiating between adultery and incest (where the Torah does not make a distinction between a natural Bi'ah and an unnatural one) on the one hand, and on the other, Motzi Shem Ra, where he requires (even) Bi'ah she'Lo k'Darkah on the part of the husband, but that the slander pertains specifically to Bi'ah k'Darkah. Why is this ruling unacceptable 'mi'Mah Nafshach'?

(c)So how does Rav Kahana cite Rebbi Yochanan's statement?

7)

(a)According to the Rabanan, a husband who slanders his wife is Chayav whether he consummated the marriage or not, Rebbi Eliezer ben Yakov requires Bi'ah - naturally, otherwise, how will he be able to claim that she was not a Besulah.

(b)Rebbi Yochanan is quoted as differentiating between adultery and incest (where the Torah does not differentiate between a natural Bi'ah and an unnatural one) on the one hand, and on the other, Motzi Shem Ra, where even an unnatural Bi'ah will suffice, but that the slander pertains specifically to a natural Bi'ah. 'This statement is unacceptable 'Mah Nafshach' however, since on the one hand, the Rabanan do not require Be'ilah at all, whereas on the other, Rebbi Eliezer ben Yakov requires a natural Bi'ah in both cases.

(c)Rav Kahana therefore cites Rebbi Yochanan as having said - that a natural Bi'ah is required in both regards.

8)

(a)Our Mishnah states 'ha'Av Zakai b'Vito b'Kidushehah, b'Kesef, bi'Shtar u'be'Bi'ah'. What does 'be'Bi'ah' mean in this context?

(b)What age must the daughter be for the father to merit all these things?

(c)Who receives her Get should her husband divorces her if she is betrothed?

(d)In which two cases will her father no longer have jurisdiction over her with regard to receiving her Get (as well as with regard to other issues)?

8)

(a)Our Mishnah states 'ha'Av Zakai b'Vito b'Kidushehah, b'Kesef, bi'Shtar u'be'Bi'ah'. 'be'Bi'ah' in this context means - that the father has the right to hand over his daughter for Kidushei Bi'ah to anyone he sees fit (and she cannot refuse).

(b)The daughter must be less than twelve and a half (the minimum [and usual] age at which she becomes a Bogeres) for the father to merit all these things.

(c)If she is betrothed and her husband divorces her - it is her father who receives her.

(d)Her father will no longer have jurisdiction over her with regard to receiving her Get (as well as with regard to other issues) - from the moment she either marries or becomes a Bogeres.

46b----------------------------------------46b

9)

(a)What does the Tana mean when he says that he does not eat the Peiros in her lifetime? Then what happens to them?

(b)What advantage does a husband have over a father in the above cases?

(c)Which three obligations does a husband accept, when he marries his wife?

9)

(a)When the Tana says that he does not eat the Peiros in her lifetime - he is referring to benefiting from anything that she inherits from her mother's side of the family. In fact, the money is placed into a fund which she will receive in the event of her father's death.

(b)In addition to the above - a husband may also eat the Peiros in her lifetime.

(c)When a man marries his wife - he undertakes to feed her, to redeem her (in the event of her capture) and to bury her when she dies.

10)

(a)How do we learn Kidushei Kesef from the Pasuk in Mishpatim "v'Yatz'ah Chinam Ein Kasef" (written in connection with a Jewish maidservant going free after six years)?

(b)What do we learn from the Pasuk in Ki Setzei (in connection with Motzi Shem Ra) "es Biti Nasati la'Ish ha'Zeh"?

(c)From where do we know that it is also the father who receives the money and not the girl herself?

(d)We establish the Pasuk "es Biti ... " by a Ketanah, who has no Yad to be Mekadesh herself, but not by a Na'arah. But how can we possibly do that, when the Torah specifically writes "Na'arah" by Motzi Shem Ra?

10)

(a)We learn Kidushei Kesef from the Pasuk "v'Yatz'ah Chinam Ein Kasef" (written in connection with a Jewish maidservant going free after six years) - "Ein Kesef" (which is otherwise superfluous) 'l'Adon Zeh, Aval Yesh Kesef l'Adon Acher' (there is no money for an Amah Ivriyah who returns to her father's domain after six years have expired, but there is money for a girl who leaves the domain of her father for that of a Chasan).

(b)We learn from the Pasuk (in connection with Motzi Shem Ra) "es Biti Nasati la'Ish ha'Zeh" - that a father has jurisdiction over his daughter's betrothal (to betroth her to whosoever he pleases).

(c)And seeing as it is the father who arranges the betrothal, it is obvious that he is also the one who will receive the money.

(d)We establish the Pasuk "es Biti ... " by a Ketanah, who has no Yad to be Mekadesh herself, but not by a Na'arah. Granted, the Torah specifically writes "Na'arah" by Motzi Shem Ra - but that is because at that point, she is a Na'arah. But when the father says "es Biti Nasati la'Ish ha'Zeh" he is referring to the betrothal that took place some time earlier, whilst she was still a Ketanah.

11)

(a)What do we initially learn from the Pasuk "bi'Ne'urehah Beis Avihah" (written in connection with the Din of Hafaras Nedarim)?

(b)What does Rav Huna Amar Rav learn from the Pasuk in Mishpatim "v'Chi Yimkor Ish es Bito l'Amah"?

(c)How does this refute the previous Derashah of 'Kol Sh'vach Ne'urim l'Avihah'?

11)

(a)We initially learn from the Pasuk "bi'Ne'urehah Beis Avihah" (written in connection with the Din of Hafaras Nedarim) - that all benefits that come from a Na'arah (incorporating all rights, including monetary ones) belong to her father.

(b)Rav Huna Amar Rav learns from the Pasuk "v'Chi Yimkor Ish es Bito l'Amah" - that the produce of a man's daughter's hands belongs to him, in the same way as that of a maidservant belongs to her master.

(c)This refutes the previous Derashah of 'Kol Shevach Ne'urim l'Avihah' - because if that Derashah could be extended to cases beyond Hafaras Nedarim, why would we need Rav Huna Amar Rav's Derashah?

12)

(a)We conclude that "bi'Ne'urehah Beis Avihah" is confined to the Din of Hafaras Nedarim. Why can we not learn from there that a father also receives the rights to betroth his daughter even when she is a Na'arah and receive the money (and that the produce of a girl's hands belongs to her father)?

(b)Then why can we not learn it from ...

1. ... Kenas (which goes to the father)?

2. ... Boshes and Pegam (which also go to the father)?

12)

(a)So we conclude that "bi'Ne'urehah Beis Avihah" is confined to the Din of Hafaras Nedarim. We cannot learn from there that a father also receives the rights to betroth his daughter even when she is a Na'arah and to receive the money (and that the produce of a girl's hands belongs to her father) - because one cannot learn Mamon from Isur.

(b)Nor can we learn it from ...

1. ... Kenas (which goes to the father) - because we cannot learn Mamon from Kenas either.

2. ... Boshes and Pegam (which also go to the father) - because they are different, inasmuch as the father also shares this with his daughter, seeing as he had the right to betroth her to an ugly person or to a leper when she was a Ketanah - see Tosfos 40b. DH 'de'I' and Tosfos Yeshanim there).

13)

(a)So we revert to the Pasuk in Mishpatim "v'Yatzah Chinam Ein Kasef". What do we mean when we say "d'Chi Mema'et Rachmana, Yetzi'ah d'Kavasa ka'Mema'et'? How does this prove that the girl's father has full rights over his daughter's Kidushin, even when she is a Na'arah?

(b)How do we know that this Derashah is not confined to a Ketanah?

(c)On what grounds do we refute the explanation that just like over there it is referring to a Na'arah, so too, here?

13)

(a)So we revert to the Pasuk "v'Yatzah Chinam Ein Kasef". By 'de'Chi Mema'et Rachmana, Yetzi'ah d'Kavasa ka'Mema'et', we mean - that we do not only learn from there that there is money by Kidushin, but that, like (in the case of the maidservant) the money would have gone to the master whose jurisdiction she is leaving, so too, here, the money goes to the father whose jurisdiction she is leaving.

(b)We know that this Derashah cannot be confined to a Ketanah - because we already know that from "es Biti Nasati la'Ish ha'Zeh".

(c)We refute the explanation that just like over there it is referring to a Na'arah, so too, here - because then, from where would we know that the money goes to her father and not to herself?

14)

(a)We query this on the grounds that, whereas the Yetzi'ah of a Jewish maidservant from her master is total, a girl's Yetzi'ah from her father is not. In which regard does she remain in her father's jurisdiction after the Kidushin?

(b)What then, takes her out of his jurisdiction completely?

(c)We resolve this problem however, by pointing out that she does leave his jurisdiction in one regard (creating the possibility to compare it to the Yetzi'ah of a maidservant's from her master). What is that one regard?

(d)From where do we know that a father also has jurisdiction over his daughter regarding Kidushei Shtar and Kidushei Bi'ah?

14)

(a)We query this on the grounds that, whereas the Yetzi'ah of a Jewish maidservant from her master is total, a girl's Yetzi'ah from her father is not - seeing as he still inherits her when she dies and receives the produce of her hands whilst she is alive.

(b)Chupah takes her out of his jurisdiction completely.

(c)We resolve this problem however, by pointing out that she does leave his jurisdiction in one regard (creating the possibility to compare it to the Yetzi'ah of a maidservant's from her master) - namely, with regard to Hafaras Nedarim, which the father may no longer perform single-handedly (only in conjunction with the Chasan).

(d)We know that a father also has jurisdiction over his daughter regarding Kidushei Shtar and Kidushei Bi'ah - from the Pasuk in Ki Setzei "v'Hayesah l'Ish Acher", which compares all forms of Kidushin to each other (in which case, we learn Kidushei Shtar and Bi'ah from Kidushei Kesef).

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