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1) TWO DOCUMENTS FOR THE SAME TRANSACTION

(a) Now too, (that he is not giving more than 300), from the fact that he did not write that he is adding on to the first 200, she pardoned the lien from the earlier date.
(b) Rav Huna said that she may collect whichever she wants.
(c) Suggestion: This argues on Rav Nachman.

1. (Rav Nachman): 2 documents (of sale or gift) with different dates - the latter invalidates the former.

(d) Rejection: This need not argue!

1. (Rav Papa): Rav Nachman admits, if the 2nd document adds on a date tree, it was written for the addition, and does not invalidate the first document.
2. Also in Rav Huna's case, the second Kesuvah adds to the first.

(e) Clearly, if the 1st document was a sale, and the 2nd a gift, the 2nd was written to help the buyer evade the law that a neighbor has first rights to buy property (and it does not invalidate the 1st document).
(f) All the more so, if the 1st was a gift, and the 2nd a sale, it was written to guarantee the receiver compensation if his field will be taken by creditors, and it does not invalidate the 1st document.
(g) When both are sale documents, or both gifts, the latter invalidates the former.
(h) Question: Why?
(i) Answer #1 (Rafram): The recipient requested another document because he admits that the 1st one is invalid.
(j) Answer #2 (Rav Acha): The recipient pardoned the earlier lien.

1. There are 3 practical differences between these reasons.

i. According to the 1st answer, the recipient invalidates the witnesses on his document.
ii. According to the 1st answer, the recipient must pay for fruit he ate of the land between the dates on the 2 documents.
iii. According to the 1st answer, the seller must pay the taxes for the property for the period between the documents.

(k) Question: How do we rule (question 4:a, Daf 43B)?
(l) Answer (Rav Yehudah): R. Eliezer Bar R. Shimon says that 100/200 is collected from the engagement, any addition from Chupah; Chachamim say, all is collected from the time of Chupah.

1. The law is as Chachamim.

(a) (Mishnah): A woman converted with her daughter. If the daughter had adultery as an engaged Na'arah, the punishment is strangulation; she is not killed at the door of her father's house, and there is no fine of 100 Shekels if her husband is Motzi Shem Ra on her;
(b) If her mother converted between conception and birth, the punishment is stoning, she is not killed at the door of her father's house, and there is no fine of 100 ;
(c) If her mother converted before conception, she has the law of a Bas Yisrael in all respects.
(d) If a girl has a father but no door to her father's house; or, there is a door to her father's house, but she has no father, her punishment is stoning.

1. The Mitzvah is to stone her at the father's door, but if this cannot be done, she is still stoned.

(e) (Gemara - Reish Lakish): "And she will die" - this teaches that she is stoned even if her mother converted between conception and birth.
(f) Question: If so, one is Motzi Shem Ra on her should be lashed and pay!
(g) Answer: "And she will die" - this law was said regarding execution, not regarding a fine.
(h) Suggestion: Let us say, the verse only teaches if the conversion was before conception!
(i) Rejection: Such a girl is a regular Bas Yisrael, the verse is not needed in such a case.
(j) Suggestion: Let us say, the verse teaches even if the conversion was after birth!
(k) Rejection: If so, what does "In Yisrael" teach?

(a) (R. Yosi Bar Chanina): One who is Motzi Shem Ra on an orphan is exempt - "He will give to the father of the Na'arah", to exclude an orphan.
(b) Question (R. Yosi Bar Avin - Beraisa): R. Yosi ha'Galili says, "If refuse she will refuse" - this shows that an orphan also receives a fine!
(c) Answer (R. Yosi Bar Avin): That is when she was orphaned between the enticement and the trial.
(d) (Rava): One who is Motzi Shem Ra on an orphan is punished.

1. (Beraisa - Ami): "A virgin of Yisrael" - to exclude a virgin convert.

i. This fits well if Motzi Shem Ra on an orphan is normally punished - the verse teaches that by a convert, he is exempt.
ii. If one is always exempt on an orphan - why do we need a verse to say that one is exempt for a convert (since legally, she is an orphan)?!

(e) (Reish Lakish): Motzi Shem Ra on a minor is exempt - "He will give to the father of the Na'arah" - the Torah speaks of a full (adult) Na'arah.
(f) Objection (Rav Acha Bar Aba): "She will be stoned" - a minor is not executed!
(g) Rather, here the Torah speaks of a full Na'arah - when Na'arah is spelled lacking, even a minor is included.

(a) (Beraisa - Shila): There are 3 divisions in the punishment of a girl that commits adultery.
(b) If after Chupah, witnesses testify that she had adultery during engagement, she is stoned by her father's door.