POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Kesuvos 39
1) FINE AFTER DEATH
(a) Question: Can she become pregnant (and give birth before
becoming a Bogeres)?
2) DIFFERENCES BETWEEN A RAPIST AND AN ENTICER
1. (Rav Bibi): 3 women use a cloth to prevent pregnancy
- a minor, a pregnant woman, and a nursing woman.
(b) Suggestion: Perhaps she became pregnant and delivered as
i. A minor prevents pregnancy, since it would kill
2. (R. Meir): A minor between 11 and 12 years old uses
a cloth; if she is younger or older, no;
ii. A pregnant woman prevents a second conception,
since this could damage the first fetus.
iii. A nursing woman prevents pregnancy, since it
could force her to wean her baby.
3. (Chachamim): At any age, she has normal relations,
and Heaven will have mercy on her - "Hash-m guards
(c) Rejection: She cannot give birth in 6 months!
1. (Shmuel): Only 6 months separate a Na'arah from a
(d) Version #3 - Question (Mar Bar Rav Ashi): Is death
considered as becoming a Bogeres (i.e. does it make her
leave the father's jurisdiction)?
2. Suggestion: Perhaps it is never less than 6, but
sometimes it is more.
3. Rejection: Shmuel said 'only'!
4. Version #2 - Question (Rava): Does a girl receive
the law of a Bogeres after death?
i. If she receives the law of a Bogeres, the
father loses the fine.
ii. If she doesn't receives the law of a Bogeres,
her father receives the fine.
1. The question is unresolved.
(e) Question (Rava): If he had relations with her, then she
became engaged, what is the law?
(f) Answer (Abaye): Does it say, the father of the Na'arah
that was not engaged? (Certainly, the father still
collects the fine).
(g) Question (Rava): According to your reasoning - a Beraisa
teaches, if he had relations with her, then she married,
she receives the fine - does it say, the father of the
Na'arah that was not married?
(h) Answer: This is no comparison. Just as becoming a Bogeres
takes her from the jurisdiction of her father, so too
1. If he had relations with her, then she became a
Bogeres, she receives the fine; so too, if she got
(i) Engagement does not take her from the jurisdiction of the
1. (Mishnah): An engaged Na'arah, the father and
husband jointly annul her vows.
(a) (Mishnah): An enticer pays 3 payments: embarrassment,
blemish and a fine;
(b) A rapist pays these and also for pain;
(c) A rapist pays a fine immediately; an enticer, when he
(d) A rapist keeps her as a wife; an enticer may divorce her;
1. The rapist must marry her even if she is lame, blind
(e) If she transgresses a matter of forbidden relations, or
is forbidden to marry a Jew, he may not stay married to
her - "She will be a wife to him" - a woman that is fit
(f) (Gemara) Question: For which pain does he pay?
(g) Answer #1 (Shmuel's father): Because he banged her on the
(h) Question (R. Zeira): According to this, if he banged her
on silk, he is exempt?!
1. (Beraisa - R. Shimon Ben Yehudah) A rapist does not
pay for pain, because she was going to suffer the
pain in any case, when she marries;
3) WHEN THE FINE IS PAID
2. Chachamim: The pain of one who is forced is greater
than that of one who willingly has relations.
(i) Answer #2 (Rav Nachman): He pays for pain of opening her
1. Question: If so, an enticer should also pay!
(j) Answer #3 (Rav Nachman): Wise women say, an enticed woman
suffers no pain.
2. Answer (Rav Nachman): This is comparable to one who
says, tear my silk and be exempt.
3. Objection: My? The payment belongs to her father!
(k) Question: But we see that they do!
(l) Answer (Abaye): My (surrogate) mother told me, the pain
is only like hot water on a bald head.
1. Rava: My wife told me, it is like a bloodletter's
2. Rav Papa: My wife told me, it is like hard bread
scratching the palate.
(a) (Mishnah): A rapist pays immediately, an enticer when he
(b) Question: 'When he divorces her' - are they already
(c) Answer (Abaye): It means, when he does not marry her.
1. Support (Beraisa): Even though they said, an enticer
pays the fine when he does not marry her,
embarrassment and blemish are paid immediately;
(d) By an enticer it says "If refuse will refuse the father"
- this teaches that she may also refuse.
2. In the case of a rapist or enticer, she or her
father can block the marriage.
(e) Question: How do we know that this is also true by a
1. That she may refuse we learn from "To him she will
be a wife" - willingly.
(f) Answer #1 (Abaye): In order that a sinner should not
2. How do we know that the father may refuse?
(g) Answer #2 (Rava): We learn from a Kal v'Chomer.
1. An enticer only violated the will of the father, and
the father may refuse - a rapist violated her will
as well, all the more so the father may refuse!
(h) (Beraisa): Even though a rapist pays a fine immediately,
when he divorces her, she has no claim on him.
2. Rava did not learn as Abaye - since he pays a fine,
it is not considered profiting if he gets to marry
3. Abaye did not learn as Rava - since an enticer may
refuse to marry her, also the father may protest;
but a rapist may not refuse to marry her, we could
say the same for the father!
(i) Question: But he is not allowed to divorce her!
(j) Correction: When she decides to leave him, she has no
claim on him.
1. If he dies, the fine he had paid is in place of a
(k) (Mishnah): The rapist must marry her.
2. R. Yosi Bar Yehudah says, she has a Kesuvah of 100.
i. Chachamim say that we enacted Kesuvah so that
it should not be light in a husband's eyes to
divorce his wife - a rapist cannot divorce her,
so we did not enact a Kesuvah for her.
ii. R. Yosi Bar Yehudah is concerned that he will
pain her until she wants to leave him.
(l) Question (Rava me'Parzika): We learn from a rapist to an
enticer and vice-versa - why don't we also learn that
this applies to an enticer?