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Kesuvos 11
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KESUVOS 11-14 - have been anonymously dedicated by a unique Ohev Torah and
Marbitz Torah living in Ramat Beit Shemesh, Israel.
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1) [line 1] DUCHRANIS - with the characteristics of a ram, i.e. a woman who
cannot give birth
2) [line 5] TA'ANAS BESULIM
(a) When a man marries a woman who was a Besulah at the time of her Kidushin,
he must write her a Kesuvah document in which he promises that she will
receive 200 Zuzim (the value of 960 grams of silver) from him or his estate
if he divorces her or dies. The Tana'im argue whether this obligation is
mid'Oraisa or mid'Rabanan (Kesuvos 10a). When a man marries a widow or a
divorcee who had once been married in the past (i.e. she was a Nesu'ah and
was not just an Arusah), the woman is considered to be a Be'ulah and is not
given the Kesuvah of a Besulah. Instead, the husband must write her a Kesuvah
in which he promises her 100 Zuzim under the conditions specified above. The
obligation to write a Kesuvah for a widow or divorcee is mid'Rabanan (Kesuvos
10b).. (The Gemara there explains that the word for widow, "Almanah," alludes
to her Kesuvah of one "Manah," or 100 Zuzim.) A woman who is less than three
at the time of her Kidushin is considered a Besulah whether or not she was
married or had relations in the past, since her Besulim return to their
original state.
(b) A Besulah differs, physically, from a Be'ulah in two ways:
1. A Besulah has a "Pesach Sasum" (the physical state of virginity) while a
Be'ulah has a "Pesach Pasu'ach" (Kesuvos 9a)
2. A Besulah has "Dam Besulim" (virginal blood that emerges upon the first
instance of marital relations). The quantity of virginal blood lessens as a
girl reaches the stage of "Bagrus" (six months after the age of puberty).
(c) If a man marries a woman who is b'Chezkas Besulah and he finds her to be
a Be'ulah, either by not finding Dam Besulim of by finding a Pesach Pasu'ach,
it is not considered a Mekach Ta'us (a mistaken transaction) that annuls the
Kidushin (see Kesuvos 11b). However, if he proves that his wife is indeed not
a Besulah, he need not give her 200 Zuzim as her Kesuvah, but only 100, like
any Be'ulah. The claim of the husband that his wife is a Be'ulah and not a
Besulah is called "Ta'anas Besulim."
(d) There is another Halachic aspect to Ta'anas Besulim, which has bearing on
matters of Isur v'Heter. If a woman who was assumed to be a Besulah is found
a Be'ulah, she can become prohibited to her husband under certain
circumstances.
1. The rule is that if a woman had willful relations with another man after
she became an Arusah, she is a Sotah Vadai (see Background to Yevamos 85:18d)
and becomes prohibited to her husband forever.
2. If we do not know when she became a Be'ulah, (i.e. before or after she
became an Arusah), nor how she became a Be'ulah, (i.e. b'Ones or b'Ratzon --
against her will or willfully), she is permitted to her husband because of a
Safek Sfeika (a double Safek, as follows: she may have become a Be'ulah
b'Ones. And even if she had relations b'Ratzon, it may have been before she
was betrothed.)
3. If, however, she became an Arusah before she reached the age of three, and
she is found to be a Be'ulah at the time of her Nesu'in (and she has reached
the age of 12 by then, Tosfos Kesuvos 9a DH v'Iy Ba'is), we may assume that
she must have had relations after she became an Arusah, and the only question
is whether they were b'Ones or b'Ratzon. Since it is a single Safek and
Sefeika d'Oraisa l'Chumra, she is prohibited to her husband. Similarly, if
she became an Arusah to a Kohen and was later found by her husband to be a
Be'ulah, then even if she had relations b'Ones after she became an Arusah,
she becomes prohibited to her husband forever. The only point in doubt is
whether she had relations before or after becoming an Arusah. Since there is
but a single Safek as to whether she is permitted to her husband, she becomes
Asurah to him mi'Safek.
3) [line 7] ZACHIN L'ADAM SHE'LO B'FANAV
(a) When a person buys or sells an object, or marries or divorces a woman, he
must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the
change in status). This act may be performed by the Shali'ach (agent) of the
person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial for
a person, even though he has not appointed a Shali'ach to do so, someone may
acquire it for the person as if he were his Shali'ach. This act is called
Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to why "Zachin" works.
Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e.
it is as clear to us as if he stated it himself) that the person would have
made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to
Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work
through a vehicle of Shelichus at all, since it also works for minors who
Halachically cannot appoint Shelichim. Rather, the Torah created a new law
called "Zachin..." that allows one person to acquire an object for another
person in such cases (RAN to Kidushin 42a -- this may be an argument among
the Tana'im in Bava Basra 156b).
(c) The Rishonim write that if the recipient expresses (afterwards, when he
finds out about the Zechiyah) that he does not wish to accept the object, he
does not obtain ownership (although in rare instances the Rishonim suggest
that "Zachin" would work even if the recipient refuses the acquisition when
he hears about it -- see RASHBA to Kidushin 23b).
4) [line 10] B'HEFKEIRA NICHA LEI - prefers a life of unbridled lust and
lawlessness
5) [line 24] L'CHI GADLAH - [the payment for her Kesuvah is available to her
only] when she grows up
6) [line 25] MEMACHYA V'NAFKA - she may reject her conversion and return to
her previous state
7) [line 29] NESINAH
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the
Jewish People were commanded to destroy upon entering Eretz Yisrael) came and
presented themselves before Yehoshua as if they came from a far-off land.
Since they claimed not to be residents of Eretz Yisrael, they requested to be
converted and to make peace with the Jewish People. After Yehoshua agreed to
accept them, it was discovered that they were one of the seven prohibited
nations. Having already accepted them, Yehoshua did not want to break his
oath and covenant with them (even though they tricked him and the oath was
uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them
and appointed them to be woodchoppers and water drawers to supply the needs
for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times
of Moshe Rabeinu Giv'onim also came to be converted as they did in the times
of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos
79a, based on Devarim 29:10). These people became known as "Nesinim," (from
the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua
["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the
tasks of chopping wood and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just
like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to
whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the
Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the
Nesinim of his generation, and Yehoshua extended the "decree" to last as long
as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended
the "decree" to include all time, even if the Beis ha'Mikdash would be
destroyed (because of the trait of cruelty that the Nesinim exhibited, which
showed that they were not worthy of uniting with the descendants of Avraham,
Yitzchak and Yakov). According to Rashi, these decrees were prohibitions
against marriage, and as such the prohibition against marrying Nesinim is an
Isur mid'Rabanan. According to Tosfos, these decrees were appointments of
servitude. The prohibition against marrying them, though, is mid'Oraisa,
since the Torah commands against marrying the seven prohibited nations even
if they convert to Judaism (Yevamos 76a).
8) [line 29] KUSIS (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made
them settle in the Shomron. They converted to Judaism after they found
themselves under attack from lions. The Chachamim disagree as to whether
their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image
of a dove and the Chachamim gave them the status of non-Jews. (According to
most Rishonim, this means that they decided to treat them like non-Jews
l'Chumra, even if they were Geirei Emes. According to the Rambam (Peirush
ha'Mishnayos), however, this means that they decided that their conversion
was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic
matters.)
9) [line 37] SHE'LO YEHEI CHOTEI NISKAR - so that a person who sins does not
benefit from his action
10) [line 41] MUKAS ETZ - a woman who has lost her virginity (through means
other than relations)
11b---------------------------------------11b
11) [line 18] KESHE'HIKIR BAH - in a case in which he knew [that] she was [a
Mukas Etz]
12) [line 21] NEDAMYEI L'VE'ULAH - let him (Rebbi Meir) compare her (the
Mukas Etz) to a Be'ulah
13) [line 26] DERUSAS ISH - a woman who has lost her virginity due to
relations with another man
14) [line 29] HOTZA'AS SHEM RA (NA'ARAH HA'ME'URASAH)
(a) If a man marries a virgin and, after the Chupah is performed, he falsely
accuses her of committing adultery and losing her virginity prior to the
Chupah, he receives Malkos (lashes) for his slanderous speech (Devarim
22:18). He must also give her father 100 Shekalim and never divorce her
against her will (ibid. 22:19).
(b) The husband can prove that she was not a virgin either by bringing
witnesses that she had relations with another man after the Eirusin
(betrothal), or by making a Ta'anas Damim, in which he proves that he found
that she had no virginal blood (see above, entry #2, Ta'anas Besulim). The
wife (or her father) can prove that her husband is lying, and that she was a
virgin, either by bringing testimony that the husband's witnesses are Edim
Zomemim (conspiring witnesses, see Background to Yevamos 94:2), or by proving
that she did indeed have virginal blood (and her husband hid the sheet).
(c) If it is found that she indeed *had* committed adultery after not heeding
the warning of two witnesses, she is liable to the death penalty by Sekilah
(stoning) (ibid. 22:21).
(d) If the wife is a Besulah older than 12 1/2 years old, these Halachos do
not apply. Her husband does not receive Malkos and is not fined 100 Shekalim
if he is found to be lying. If his claim is true, she is not liable to the
death penalty of Sekilah but rather to Chenek (choking). If she was between
the ages of three years and one day and 12, the Tana'im argue as to whether
she is judged as a Na'arah ha'Me'urasah or as a normal Besulah (Kesuvos 29a).
15) [line 35] NISTACHFAH SADEHU - (lit. his field was washed out) it is your
bad Mazal that caused me to be raped
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