BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Kesuvos 46
1) [line 3] CHATZI ERKO (ERCHIN)
(a) Erech (= endowment valuation) refers to a special form of vow. If a
person declares, "Erech Ploni Alay" ("I accept upon myself to give the
endowment value of so-and-so to Hekdesh"), he must give the specific value
that the Torah designates for the person's gender and age group as stated in
Vayikra 27:1-8 (see Chart below). It makes no difference at all whether the
person is healthy or sick, strong or weak.
(b) There is no Erech for a limb of a person's body. However, if someone
declares that he wants to give the endowment value of a *vital* organ or
limb of a certain person (i.e. an organ or limb that a person cannot live
without), Chazal learn from the words "b'Erkecha Nefashos" (ibid. 27:2) that
he must give the entire Erech of that person. This is the also the Halachah
if someone pledges "Erech Chatzyo" (the endowment value of *half* of a
person). (Erchin 20a).
(c) The Tana'im (ibid.) argue when a person specifies that he pledges
"Chatzi Erko," *half of the Erech* of a certain person. Tana Kama rules that
the person who uttered the pledge is obligated to give half of the
designated value. Rebbi Yosi b'Rebbi Yehudah claims that the Rabanan
instituted that he must give a full Erech of that person, lest his pledge of
"Chatzi Erko" be confused with a pledge of "Erech Chatzyo."
THE "ERECH" THAT THE TORAH SPECIFIES IN VAYIKRA 27
|1 Mo. - 5 Yrs.
|| 5 Shekels
|| 3 Shekels
|5 - 20 Yrs.
|| 20 Shekels
|| 10 Shekels
|20 - 60 Yrs.
|| 50 Shekels
|| 30 Shekels
|Over 60 Yrs.
|| 15 Shekels
|| 10 Shekels
2) [line 5] LOKEH BE'ERECH SHALEM - he "gets hit" with an obligation to pay
the total Erech
3) [line 7] EVER SHEHA'NESHAMAH TELUYAH BO - a vital organ or limb without
which a person or an animal cannot live
4) [line 19] YEHARHER - to think lustful thoughts
5) [line 19] V'YAVO L'YDEI TUM'AH - and he will become Tamei with Tum'as
6) [line 28] D'LO AGRINHU - he did not hire them [to give false testimony]
7) [line 30] "V'SAM LAH ALILOS DEVARIM..." - "And makes accusations against
her, [and brings an evil name upon her, and says, 'I took this woman, and
when I came to her, I did not find in her the signs of virginity;]" (Devarim
8) [line 35] PESHOT MIHA CHADA - answer at least one [of the questions]
9) [line 44] B'ALILOS - with accusations
10) [line 44] VA'EKRAV ELEHA, BI'DEVARIM - and I came close to her, with
words [that a husband normally speaks with his wife]
11) [line 46] LO MATZASI L'BITCHA KESHERI BESULIM - [After witnesses came to
me and told me that my Arusah had forbidden relations,] I was not able to
find other witnesses to deny the claim or to prove that the first witnesses
were Edim Zomemim (conspiring witnesses, see Background to Kesuvos 32:4),
which would have proved that your daughter is indeed a Besulah
12) [line 49] MAH SHE'SAM LAH - that (those accusations) which he put
against her (referring to the words "v'Sam Lah..." (Devarim 22:14) and not
to the word "Simlah" (ibid. 22:17) -- TOSFOS)
13) [line 6] HAFARAS 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
14) [line 9] PIRKONAH (TENAI KESUVAH)
(a) There are number of stipulations of marriage which are imposed by Beis
Din and some of which are written explicitly in the Kesuvah (the Jewish
marriage contract). These are in addition to the basic obligations a man has
to his wife according to the Torah. Those stipulations which obligate the
husband to his wife are:
1. A husband must redeem his wife if she is a taken captive. If he is not a
Kohen, he must take her back into his house; if he is a Kohen he must redeem
her and divorce her so that she can remarry. He may not (divorce her and)
give her the money of the Kesuvah so that she should redeem herself.
(b) A husband is obligated to keep these conditions even if he omitted them
from the Kesuvah, or did not give his wife a Kesuvah.
2. As long as they are married, he must provide his wife with all the
medical care that she needs.
3. If she dies before her husband, her sons inherit the full value of her
Kesuvah when he dies (and not the sons of his other wives), aside from the
remainder of the estate (which is split equally between all of the
brothers). This is called "Kesuvas Benin Dichrin."
4. After he dies, his daughters must be allowed to live in the house in
which he lived, and must be provided for by his household, until they become
5. If he dies before his wife, his wife must be allowed to live in the house
in which he lived and must be provided for by his household until she
remarries. (This stipulation was only made in Yerushalayim and the Galil. In
Yehudah, the heirs reserved for themselves the right to give her the value
of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos
15) [line 10] CHALILIN - (O.F. chalemels) flutes
16) [line 11] MEKONENES - a (female) eulogizer
17) [line 19] SHEVACH NE'URIM - the earnings, findings, money of Kidushin,
etc. of his daughter
18) [line 22] AMAH
A father, under certain circumstances, may sell his daughter into servitude
to a Jewish master as long as she is a minor. The sale is for a period of
six years or until she becomes a Gedolah (when two pubic hairs grow after
she enters her 12th year), whichever comes first. During this period she is
called an "Amah ha'Ivriyah."
19) [line 26] MAMONA ME'ISURA LO YALFINAN - we cannot derive the Halachos
regarding monetary cases (who owns what) from Halachos that apply to Isur
v'Heter (what is permitted and what is not)
20) [line 28] BOSHES U'FEGAM
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
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