BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Kesuvos 44
1) [line 2] ACHULI ACHILTEI L'SHI'ABUDA KAMA - she chose to forgo and cancel
the lien on his assets that was in existence from the time written in the
first Kesuvah
2) [line 8] OSIF BEI DIKLA - if he added in the second document a palm tree
(that he would not have received using the first document)
3) [line 15] DINA D'VAR MITZRA
When a person sells a field, the owners of the neighboring fields have the
first rights to buy it.
4) [line 21] ORO'EI SAHADEI - to disqualify the witnesses [who signed the
first document]
5) [line 21] LI'SHELUMEI PEIREI - to pay for the produce of the field that
was eaten between the dates written in the first and second documents
6) [line 22] TASKA - tax
7) [line 28] PESACH BEIS HA'AV - the door of her father's house (if that was
where she lived; RAMBAM Isurei Bi'ah 3:9) (Devarim 22:21; see next entry)
8) [line 29] ME'AH SELA (MOTZI SHEM RA / NA'ARAH HA'ME'URASAH)
(a) If a man marries a Na'arah (12 year old girl who has attained physical
maturity) who is a Besulah (a virgin who was never married in the past) 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 through a Ta'anas Damim, in which he proves that he found
she had no virginal blood (see Background to Kesuvos 11:2). 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 Kesuvos 32:4), 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 taken to the door of her
father's house (if that was where she lived at the time that she sinned --
RAMBAM Isurei Bi'ah 3:9) and is put to death by stoning (Devarim 22:21). The
same is true if witnesses testified *before* her marriage that she committed
adultery, except that in such a case she is put to death by stoning at the
city gates (Devarim 22:24, Kesuvos 45a).
(d) If the wife was a Ketanah (i.e. she did not yet reach physical maturity)
or Bogeres (i.e. more than half a year has passed since she reached physical
maturity and became a Na'arah) or a Be'ulah (a non-virgin) or had once been
married at the time of the adultery, 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). (Kesuvos 48b, 44b. According to some
Rishonim, there are circumstances under which even a Bogeres adulteress is
punished with Sekilah, see Insights to 45a.)
(e) Our Mishnah shows that these Halachos apply only to girls who were
conceived and born from Jewish parents.
44b---------------------------------------44b
9) [line 22] "NA'ARAH MALEI" - this is because the word Na'arah is written
with a "Heh" at the end (referring only to a Na'arah) whereas it is usually
written without it (as Noon Ayin Reish, which can also connote a Ketanah)
Next daf
|