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Kesuvos 39
1) [line 2] MESHAMSHOS B'MOCH - are permitted to have relations using cloths
to prevent them from becoming pregnant
2) [line 4] SANDAL - a flat, fish-shaped abortion
3) [line 5] TIGMOL ES BENAH - she will wean her son
4) [line 11] PESAYIM - fools
5) [line 15] BATZIR HU D'LEIKA, HA TEFEI IKA - there cannot be less than six
months between the onset of Na'arus and the onset of Bagrus, but there can be
more
6) [line 29] MEFIRIN LAH NEDAREHA (HAFARAS NEDARIM - Annulling vows)
(a) A man has the right to annul certain vows of his wife and his daughter,
as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this if on
the day that he hears the vow he states "Mufar Lach" ("it is annulled").
There is an argument among the Tana'im whether the vow must be annulled
before nightfall on the day the husband/father heard it, or before 24 hours
pass from when he heard it (Shabbos 157a).
(b) A father may annul the vows of his daughter while she is a minor or
Na'arah (when she grows two pubic hairs) until she becomes a Bogeres (six
months after she becomes a Na'arah). If the father marries her off when she
is a minor, during the period of Eirusin both the father *and* the future
husband must annul the vows in order for the annulment to take place. After
the period of Nisu'in, the husband may annul the vows and not the father.
Nobody may annul the vows of an unmarried *mature* woman; they need to be
revoked, as follows.
(c) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or
Nezirus, he may have it revoked by a Beis Din of three (if they are not
outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The
general method used is that Beis Din investigates whether the person would
not have made the Neder in the first place had he been aware of a particular
fact.
7) [line 30] MEFATEH
If a man seduces a girl (between the ages of 12 and 12 1/2), and the girl or
her father refuses to let him marry her, or if the man chooses not to marry
her, he must give the father of the girl fifty Shekalim. If he chooses to
marry her and they consent, the man is not obligated to pay anything to the
girl or his father at the time of the marriage. If he later divorces her, he
must give her the dowry (Kesuvah) of a virgin upon her divorce (Shemos
22:16).
8) [line 30] SHELOSHAH DEVARIM - Three payments (out of the five payments for
wounding a fellow Jew)
A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay
five payments, i.e. four payments in addition to Nezek, which one must always
pay for damages. The five payments are:
1. NEZEK (Damages) - If one causes damage to the person of a fellow Jew, such
as blinding his eye, cutting off his hand or breaking his foot, Beis Din
assesses the damages that he caused based on the depreciation such damages
would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount
that the injured person would be ready to pay to have the identical injury
inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if
no other damage (other than the pain) was inflicted -- for example, if one
person burned another's fingernail without causing a wound (Mishnah, ibid.).
The amount of this payment ultimately depends upon the physical and financial
situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injured
person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the
injured person's recovery. Sheves is evaluated as if the injured person is
protecting a pumpkin patch from birds, a job that requires only minimal
exertion and can be accomplished even by an invalid. (The money that the
injured person loses due to his permanent handicap, though, is covered by the
Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who
caused the embarrassment and the status of person who was embarrassed.
According to most opinions, the shame caused *by* an undignified person is
greater than the shame caused by an average or dignified person (YERUSHALMI
Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos
Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24).
Others rule that the shame caused by an *average* person is greater than the
shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a.
The RAN rules that this is the Halachah in all cases except for Ones and
Mefateh, which follow the previous opinion). With regard to a person who was
embarrassed, shame caused *to* a dignified person is greater than the shame
that an average or undignified person suffers (Bava Kama ibid.).
9) [line 31] ONES
(a) If a man rapes a girl (between the ages of 12 and 12 1/2), besides the
applicable payments of Chovel b'Chaveiro, (see previous entry) he must pay
her father a fine of fifty Shekalim, as stated in Devarim (22:28). This
amount is the equivalent of a dowry (Kesuvah). The man must also marry the
girl and never divorce her, if the girl wishes to be his wife.
(b) The age mentioned above follows the ruling of Rebbi Meir, who states that
a man who rapes a Ketanah (a minor) does not pay Kenas. According to the
Chachamim, Kenas must be paid if the girl is between the ages of 3 and 12 1/2
years (Kesuvos 29a).
*10*) [line 35] LECHESHE'YOTZI - lit. "when he divorces her"; the Gemara
(Amud Beis) explains that this means "when he refuses to marry her" (or when
the girl or her father refuse to let him marry her)
11) [line 35] SHOSEH B'ATZITZO - (lit. drinks from his flowerpot, a loathsome
vessel from which to drink) he must marry and stay married to her, even
against his will
12) [line 37] CHIGERES - a lame girl
13) [line 42] SHE'CHAVTAH AL GABEI KARKA - of throwing her down on the ground
14) [line 44] SHIRA'IN - silk garments
39b---------------------------------------39b
15) [line 9] PIKCHOS SHE'BAHEN - the wise women
16) [line 11] AMRAH LI EM - my "mother" told me (Abaye was an orphan and he
called his foster mother "Em")
17) [line 12] K'MAYA CHAMIMEI AL REISHEI D'KARCHA - like hot water on the
head of a bald man
18) [line 13] KI RIVDA D'CHOSILTA - like the incision (O.F. pointure) made
with a lancet (O.F. flemie, a pointed two-edged surgical knife used to make
small cuts and to let blood)
19) [line 14] KI NAHAMA AKOSHA B'CHINCHEI - like hard bread that irritates
the palate
20) [line 25] SHE'LO YEHEI CHOTEI NISKAR - so that a person who sins does not
benefit from his action
21) [line 32] BI'CHESUVASAH (KESUVAH - the Jewish marriage contract)
When a man marries a woman who was a Besulah at the time of her Kidushin, he
must write her a 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.
22) [last line] PERAZKIYA - the name of a place
23) [last line] MIGMAR GAMREI ME'HADADI - the laws and Ones and Mefateh are
learned from one another (that both men pay the father of the girl 50
Shekalim)
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