ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kesuvos 29
Questions
1)
(a) 'Eilu Na'aros she'Yesh Lahen K'nas'. 'Na'aros' implies - from the time
that the girl reaches maturity (through 'Sh'tei Sa'aros' - any time after
she reaches the age of twelve), for a six-month period, when she becomes a
Bogeres.
(b) According to the Tana of our Mishnah - a Ketanah and a Bogeres do not
receive 'K'nas'.
(c) One initially pays the K'nas to the girl's father.
2)
(a) One pays K'nas to a Mamzeres, a Nesinah and a Kutis. It was - David
ha'Melech who decreed on the Nesinim, forbidding them to marry a Kasher
Yisrael, though they are called 'Nesinim', because Yehoshua bin Nun decreed
that they should be *given* to the community as wood-choppers and
water-drawers.
(b) This Tana holds - that the Kutim were not genuine converts, but that
they converted out of fear of the plague of lions that had struck them.
Consequently, they were subject to the La'av of "Lo Sischaten Bam"
(Va'eschanan) - See also Tosfos DH 've'Al'.
(c) A convert, and a captive-girl or a Shifchah who was set free have in
common in this regard - that if they converted or were set-free respectively
before the age of three, they too, are subject to the Din of K'nas (since,
even though we assume them to have been intimate before that, their Besulim
return when they turn three).
(d) According to the Tana of our Mishnah - women with whom one is guilty of
incest, are subject to K'nas, too.
3)
(a) Our Tana includes the cases of someone who raped his brother's wife or
his father's brother's wife in our Mishnah, despite the fact that someone
who commits rape with her is Chayav Misah at the hands of Beis-Din, seeing
as she is married (and for adultery with a married woman one is sentenced to
Chenek [strangulation], and therefore Patur from K'nas) - because he speaks
when he subsequently divorced her.
(b) A Nidah who was raped - is subject to K'nas, too.
(c) Our Mishnah only mentions cases of Na'aros P'sulos receiving K'nas - to
teach us that even they *are subject to K'nas*, and not to infer from there
that those who are Kasher are *not*.
4)
(a) The author of our Mishnah who precludes a Ketanah from K'nas - is Rebbi
Meir.
(b) According to him, the corollary between the age that a girl can be sold
and her receiving of K'nas is - that, whenever she can be sold (until she
becomes a Na'arah), she is not subject to K'nas, and whenever she is subject
to K'nas (from Na'arus until Bagrus), she cannot be sold.
(c) We know that a girl can no longer be sold from the moment that she is of
age to receive K'nas - because, of the 'Kal va'Chomer', if she goes free
from her master at that point, it is obvious that she cannot be sold.
5)
(a) The Chachamim disagree with Rebbi Meir - with regard to a girl between
the ages of three and twelve (until she becomes a Na'arah), who is also
subject to K'nas in their opinion.
(b) When they say that a Ketanah from the age of three until she becomes a
Bogeres receives K'nas - they mean that, besides being able to be sold, she
is also subject to K'nas.
29b---------------------------------------29b
Questions
6)
(a) Our Mishnah - which obligates a rapist to pay K'nas even for Chayvei
Kareis, even though Kidushin is not effective, appears to clash with the
Pasuk "ve'Lo Sihyeh le'Ishah" (which implies that K'nas only applies by
women with whom Kidushin is effective.
(b)
1. Resh Lakish initially answers this with the Pasuk there "Ki Yimtza Ish
*Na'arah* Besulah ... ve'Nasan ha'Ish ha'Shochev Imah la'Avi *ha'Na'arah*" -
which is superfluous (since the Torah could have written "ve'Nasan ...
le'Avihah"). According to him, one of the two D'rashos (one from the word
"Na'arah" and one from the "ha"), comes to teach us Chayvei La'avin, and the
other one, Chayvei Kareis.
2. Rav Papa initially answers - with the same two D'rashos from the
superfluous word "ha'Besulos" (since the Torah could have written "Kesef
Yishkol ke'Mohar").
(c) Abaye learns from the Pasuk "ve'Nasan la'Avi ha'Na'arah" - that K'nas
only applies as long as she is alive "la'Avi ha'Na'arah" 've'Lo la'Avi
Meisah'.
(d) The Beraisa uses the Pasuk of Mefateh for a 'Gezeirah-Shavah' ("Besulah"
"Besulah") to compare an O'nes and a Mefateh. He learns the sum of fifty
Shekalim by Mefateh from O'nes (where it is written explicitly) - and he
learns from Mefateh (where the Torah uses the word "Yishkol"), that by O'nes
too, one pays fifty *Shekalim*.
7)
Bearing in mind the D'rashos of Abaye and the Beraisa, we now rearrange the
six Pesukim to learn like this - one "Na'arah" and one "Besulah" is needed
for each of the basic Halachos; one of the D'rashos of "ha'Na'arah" we need
for Abaye's Din, and one of the D'rashos from "ha'Besulos" for the
'Gezeirah-Shavah'; the remaining two D'rashos teach us Chayvei La'avin and
Chayvei Kareis.
8)
(a) Shimon ha'Teimani disagrees with the Tana of our Mishnah. He takes
"ve'Lo Sihyeh le'Ishah" as the last word. According to him - women with whom
Kidushin are effective are subject to K'nas, and those with whom Kidushin is
not effective (Chayvei Kareis) are not.
(b) According to Rebbi Shimon ben Menasya, it is not a matter of whether
Kidushin is effective or not, but whether he is permitted to remain with her
or not. The difference between the two explanations - will be a Mamzeres or
Nesinah (with whom Kidushin is effective, but with whom he is forbidden to
remain).
(c) This difference does not work according to Rebbi Akiva - who holds that
Kidushin is not even effective by Chayvei La'avin.
(d) This is only a problem however, according to Rebbi Shimon ben Menasya,
but not according to Rebbi Shimon he'Teimani - who specifically argues with
Rebbi Akiva (and whose opinions do not therefore need to be reconciled).
9)
(a) We establish the difference between the two Tana'im (according to the
opinion of Rebbi Akiva) by an Almanah le'Kohen Gadol according to Rebbi
Sima'i, who learns from the Pasuk "Lo Yikach ... ve'Lo Yechalel" - that an
Almanah le'Kohen Gadol (even according to Rebbi Akiva) produces Chalalim but
not Mamzeirim, and with whom Kidushin is therefore effective.
(b) Rebbi Yesheivav disagrees with Rebbi Sima'i (and certainly with Rebbi
Akiva). He says 'Come, let us overrule Rebbi Akiva who declares the children
of every forbidden Bi'ah in Yisrael a Mamzer (even an Almanah le'Kohen
Gadol)'.
(c) According to Rebbi Yesheivav's understanding of Rebbi Akiva then, the
difference between Rebbi Shimon ben Menasya and Shimon he'Teimani will be
Chayvei Asei, assuming that is, that he only argues with Rebbi Yesheivav.
The difference between them, if we assume that he is making his own
statement (that Rebbi Akiva declares even Chayvei Asei Mamzeirim) - will be
will by a Be'ulah le'Kohen Gadol (whose child is not a Mamzer, and with whom
Kidushin is effective - even according to Rebbi Akiva - on the one hand, but
with whom he is not permitted to remain, on the other).
(d) K'nas is applicable to a Be'ulah (who is normally no longer a Besulah) -
by a Be'ulah she'Lo ke'Darkah (an unnatural Be'ulah).
10)
(a) Be'ulah le'Kohen Gadol is different than other Chayvei Asei - because it
is an 'Asei she'Eino Shaveh ba'Kol' (it does pertain to everybody, but is
confined to a Kohen Gadol).
(b) Regular Chayvei Asei incorporate - a Mitzri and an Edomi up to three
generations.
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