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Previous daf Kesuvos 29
*****PEREK #3 ELU NA'AROS*****
1) [line 1] NA'AROS (KETANAH / NA'ARAH / BOGERES)
A girl is a Ketanah (minor) until she has two pubic hairs after she enters
her twelfth year. During the following six months she is a Na'arah
(maidenhood). When six months elapse she becomes a Bogeres (adult).
2) [line 1] KENAS (ONES)
(a) If a man rapes a girl (between the ages of 12 and 12 1/2) he must pay
her father a fine of fifty Shekalim, as stated in Devarim (22:28). This
amount is the equivalent of a dowry (Kesuvah). The man must also marry the
girl and never divorce her, if the girl wishes to be his wife.
(b) The age mentioned above follows the ruling of Rebbi Meir, who states
that a man who rapes a Ketanah (a minor) does not pay Kenas. According to
the Chachamim, Kenas must be paid if the girl is between the ages of 3 and
12 1/2 years (Kesuvos 29a).
3) [line 2] MAMZERES
(a) There are prohibited marital relations that invalidate the ensuing
offspring and render them Mamazerim. The Tana'im argue as to the nature of
these prohibited relations. According to Rebbi Yehoshua, they must be
relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules
that all relations that are punishable by Kares, even if they are not
punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva,
even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a).
Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those
who assert that he rules that only relations prohibited by a Lav produce a
Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer
(except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos
30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only
relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a
Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether
a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a
Jewess of unsullied lineage, because of the doubt, or whether he is
permitted mid'Oraisa to marry either of them, since he is not included in
the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a,
4) [line 2] NESINAH
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom
the Jewish People were commanded to destroy upon entering Eretz Yisrael)
came and presented themselves before Yehoshua as if they came from a far-off
land. Since they claimed not to be residents of Eretz Yisrael, they
requested to be converted and to make peace with the Jewish People. After
Yehoshua agreed to accept them, it was discovered that they were one of the
seven prohibited nations. Having already accepted them, Yehoshua did not
want to break his oath and covenant with them (even though they tricked him
and the oath was uttered in error) so as not to cause a Chilul HaSh-m.
Yehoshua accepted them and appointed them to be woodchoppers and water
drawers to supply the needs for the sacrificial service on the Mizbe'ach
(Yehoshua 9:3-27). In the times of Moshe Rabeinu Giv'onim also came to be
converted as they did in the times of Yehoshua, and Moshe also made them
woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These
people became known as "Nesinim," (from the root "Nasan," to give) since
they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he
appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood
and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just
like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to
whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the
Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the
Nesinim of his generation, and Yehoshua extended the "decree" to last as
long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later
extended the "decree" to include all time, even if the Beis ha'Mikdash would
be destroyed (because of the trait of cruelty that the Nesinim exhibited,
which showed that they were not worthy of uniting with the descendants of
Avraham, Yitzchak and Yakov). According to Rashi, these decrees were
prohibitions against marriage, and as such the prohibition against marrying
Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were
appointments of servitude. The prohibition against marrying them, though, is
mid'Oraisa, since the Torah commands against marrying the seven prohibited
nations even if they convert to Judaism (Yevamos 76a).
5) [line 2] KUSIS (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made
them settle in the Shomron. They converted to Judaism after they found
themselves under attack from lions. The Chachamim disagree as to whether
their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an
image of a dove and the Chachamim gave them the status of non-Jews.
(According to most Rishonim, this means that they decided to treat them like
non-Jews l'Chumra, even if they were Geirei Emes. According to the Rambam
(Peirush ha'Mishnayos), however, this means that they decided that their
conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all
6) [line 15] MECHER
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, whichever comes first. During this
period she is called an "Amah Ivriyah."
7) [line 16] AD SHE'TIBAGER - until she becomes a Bogeres
8) [line 13] "K'MOHAR HA'BESULOS" - "like the value of the marriage contract
of virgins" (Shemos 22:16)
9) [line 22] SHIMON HA'TIMNI - Shimon from Timnas/Timnah, identified with
the village Tibnah, located on the road between Beit Shemesh and Yavneh. At
the time of Bayis Sheni it was the major city of the district
10) [line 23] SHE'YESH BAH HAVAYAH - a woman upon who Kidushin takes effect
11) [line 28] EIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a) There are women whom the Torah prohibits to certain men. However, if
these men transgress a Torah prohibition and are Mekadesh (betroth) them the
Kidushin are valid. Other women are prohibited to the extent that even if
the men are Mekadesh them, the Kidushin are not valid.
(b) The Tana'im argue, based upon differing interpretations of the verses of
the Torah (Kidushin 67b-68a), with which women Kidushin are valid and with
which women Kidushin are not valid.
1. According to most of the Tana'im, Kidushin are valid with women who are
prohibited only with a Lav and/or an Aseh. Kidushin are not valid with women
who are prohibited with an Isur Kares (such as the Arayos that the Torah
prohibits in Parshas Acharei Mos, Vayikra 18:6-23).
(c) Another result of the above-mentioned argument applies to Mamzerim.
According to the opinion that rules that only Kidushin with Chayavei Kares
are not valid, the children of Chayavei Lavim are not Mamzerim. According to
Rebbi Akiva and those Tana'im who rule that Kidushin with Chayavei Lavim are
not valid either, the children of Chayavei Lavim are also Mamzerim (see
"Mamzer," in the Background to 68:5).
2. Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin
are not valid even with those women who are prohibited with an Isur Lav. The
Tana'im argue further with regard to the opinion of Rebbi Akiva, as to
whether Kidushin are not valid only with some of the Chayavei Lavin (those
women who were never permitted to the man in question), or with all of them.
Additionally, one Tana claims that according to Rebbi Akiva, Kidushin are
not valid with Isurei Aseh either (see "Mamzer," Background to Yevamos
(d) According to all opinions, Kidushin may not be effected with a
non-Jewish maidservant or a Nochris, even though the prohibition against
marrying them is not a Isur Kares, since the institution of Kidushin does
not exist with regard to these women (see Insights to Yevamos 45:1).
12) [line 34] CHILULIN (CHALAL)
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee,
prostitute ("Zonah" -- see Background to Yevamos 59:8) or Chalalah (Vayikra
21:14). A regular Kohen is permitted to marry a widow, but not any of the
other women listed above. The child from one of the above-mentioned unions
is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also
prohibited all Kohanim from marrying a Chalutzah, and made the children of a
Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute that has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
13) [line 35] U'NETZO'ACH - prevail upon