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1) IS KESUVAH A TORAH OR RABBINIC ENACTMENT?

(a) (Rav Nachman): Chachamim enacted that a virgin gets a Kesuvah of 200, and a widow, 100; they enacted, if he claims that the opening was open, he is believed.
(b) Question: If so, what does the enactment help?
(c) Answer (Rava): We have a Chazakah (a law of human nature) that a person does not toil to make a meal and spoil it (he will not make a wedding feast, intending to later make a false claim about the Kalah).
(d) (Beraisa): Since it is a fine of the Chachamim, she only collects from Ziburis (lowest quality land).
(e) Objection: Kesuvah is not a fine!
(f) Retraction: Rather, since it is an enactment of the Chachamim, she only collects from Ziburis.
(g) (End of Beraisa): R. Shimon Ben Gamliel says that Kesuvah is a Torah concept.
(h) Question: This contradicts what he said in a Beraisa!

1. (Beraisa): "Money ... like the Mohar of virgins" - that the Mohar (Kesuva) of a virgin should be as the fine for an enticer, 50 Shekels;
2. This was Chazal's source in the Torah for Kesuvah; R. Shimon Ben Gamliel says, Kesuvah is only Rabbinic.

(i) Answer#1: Switch the opinions in this Beraisa.

1. Question: Why not switch the opinions in the previous Beraisa?
2. Answer: Elsewhere, we find that R. Shimon Ben Gamliel says that Kesuvah is a Torah law.

i. (Mishnah - R. Shimon Ben Gamliel): One pays the Kesuvah with coins of Keputkiya (which are larger).

(j) Answer#2: The entire 2nd Beraisa is R. Shimon Ben Gamliel; it reads as follows.
(k) 'This is the support that Kesuvah is a Torah law. The Kesuvah of a widow is only Rabbinic, as R. Shimon Ben Gamliel says'.

(a) A man came to Rav Nachman and said that he found the opening open.
(b) Rav Nachman: Lash him with date branches - he is regular with the harlots of the city![?]
(c) Question: But Rav Nachman said that a man is believed to say that the opening was open!
(d) Answer#1: He is believed! - He is also lashed!
(e) Answer#2 (Rav Ashi): A bachelor is lashed; a married man is believed.
(f) A man came to R. Gamliel and said that he found the opening open.
(g) Version#1 - R. Gamliel: Perhaps you tilted.

1. This is comparable to a man walking in the dark. If he pushes aside the obstruction before the door, he will find it open; if not, he will find it locked.

(h) Version#2 - R. Gamliel: perhaps you intentionally opened the bolted door.

1. This is comparable to a man walking in the dark. If he intentionally pushes aside the obstruction before the door, he will find it open; if not, he will find it locked.

(a) A man came to R. Gamliel and said that he had first relations, and there was no blood.
(b) The Kalah: I was a virgin!
(c) R. Gamliel inspected the cloth, soaked and washed it, and founds drops of blood. 'Go, acquire your purchase' (she was a virgin).

1. (Huna Mar Brei d'Rava mi'Parzika): We should do similarly!

2. Rav Ashi: Our ironing is like their washing (but our washing is inferior to theirs).

i. It will not help to iron the cloth, this will remove the blood!

(d) A man came to R. Gamliel Bar Rebbi and said that he had first relations, and there was no blood.
(e) The Kalah: I am still a virgin!
(f) R. Gamliel Bar Rebbi brought two slaves, a virgin and a non-virgin. He put them on top of a barrel of wine. One could smell the wine through the mouth of the non-virgin, but not from the mouth of the virgin.

1. The Kalah went on top of the barrel; the wine could not be smelled.

(g) R. Gamliel Bar Rebbi: 'Go acquire your purchase'.
(h) Question: Let him first test the Kalah! (Why did he first test the slaves)?
(i) Answer: He had heard about the test, but had never seen it done, and was unsure if he properly understood it. It is not proper to disgrace Jewish girls.
(j) A man came to the elder R. Gamliel and said that he had first relations, and there was no blood.
(k) The Kalah: I am from the family of Dorketi, that do not have menstrual nor virginal blood!
(l) R. Gamliel found that this was true. 'Go acquire your purchase, you merited (a girl from) the family of Dorketi.

1. 'Dorketi' - Dor Katua (a cut generation)

(m) R. Chanina: R. Gamliel gave the man false consolation!

1. (R. Chiya): Just as sourdough is good for a dough, so blood is good for a woman.
2. (R. Meir): A woman with much blood will have many children.

(n) (R. Yirmiyah Bar Aba): R. Gamliel said 'acquire your purchase'.
(o) (R. Yosi Bar Avin): he said 'you made a bad purchase'.

1. We understand why he would say, 'you made a bad purchase' - she is not fitting for children!
2. Question: According to R. Yirmiyah - why did he consider it a good acquisition?
3. Answer: He will not be in doubt if his wife is a Nidah.

(p) A man came to Rebbi and said that he had first relations, and there was no blood.
(q) The Kalah: I am still a virgin!
(r) It was a time of famine. He bathed them, gave them to eat and drink. They had relations again, and there was blood. "Their skin stuck to their bones, it was as dry as wood".

(a) (Mishnah): The Kesuvah of a virgin is 200 Zuz; of a widow, 100. A virgin who was widowed, divorced or had Chalitzah from engagement has a Kesuvah of 200; the Chasan has a claim if she is not found to be a virgin.
(b) (Gemara - Rav Chana): *Almanah* (widow) is called thusly because her Kesuvah is Manah (100 Zuz).
(c) Question: But the Kesuvah of a widow from engagement is 200!
(d) Answer: Since a widow from full marriage is called Almanah, so, too a widow from engagement.
(e) Question: Why does the Torah use the term Almanah (the Kesuvah of an Almanah was a later Rabbinic enactment)?
(f) Answer: Because the Rabbis would later make this enactment!

1. The Torah sometimes gives names based on the future.
2. (Rav Yosef): "The Chidekel River ... to the east of Ashur" - Ashur is Silka, which would be built in the future.

(g) (Rav Chana): Rain does the following: waters, satiates, fertilizes, rejuvenates, extends.
(h) (R. Elazar): *Mizbe'ach* - Mezi'ach, Mazin, Mechavev, Mechaper (Diverts (sins), feeds, endears, atones).

1. Question: Diverting sins is the same as atoning!
2. Answer: It diverts harsh decrees.

(i) Rav Chana: Dates do the following: make warm, satiate, encourage bowel movement, invigorate, but do not make one finicky.
(j) (Rav): One who ate dates should not decide matters of Torah law.
(k) Question (Beraisa): Dates are good morning and evening; they are bad in the afternoon; they are unmatched at noon; they overcome 3 things: bad thoughts (worry), intestinal sicknesses, and Tachtoniyos.
(l) Answer#1: Rav did not say that dates are not good - they are good, just they temporarily hinder one's thinking, just as wine.

1. One who drinks a R'vi'is of wine may not decide matters of Torah law.

(m) Answer#2: Dates are bad before eating bread, and are good after bread.

1. (Abaye): My (surrogate) mother told me, dates before bread are like an axe to a date tree; after bread, like a bolt to a door.

(n) (Rava): Dasha (door) - Derech SHam (there is the way); Darga (ladder) - DERech Gag (way to the roof).
(o) (Rav Papa): Puriya (bed) - Parim u'Ravim (are fruitful and increase) on it.

I. (Rav Nachman Bar Yitzchak): Ailonis (a girl that does not undergo normal female development) - A male (Ayil) that does not bear children.