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 37
1) ABSTINENCE TO DISCERN THE FATHER
(a) Question (Rav Papa Bar Shmuel): Does R. Yehudah really
hold that she retains her sanctity?
2) CAPITAL SINS EXEMPT FROM PAYMENT
(b) (Beraisa - R. Yehudah): A convert that sees menstrual
blood is not impure retroactively; R. Yosi says, she is
as all other women, and is retroactively impure 24 hours
or until the last time she checked herself, whichever is
(c) R. Yehudah says, she must wait 3 months before
marrying(to discern if the child was conceived before or
after conversion); R. Yosi permits her to get married
(d) Answer (Rav Yosef): You cannot ask a question from a
convert to a captive. A convert is not as careful to
guard herself before conversion as a captive.
(e) Question (Rav Papa Bar Shmuel): R. Yehudah's teachings by
a captive contradict each other!
1. (Beraisa - R. Yehudah) A convert/captive/slave that
converted/was redeemed/was freed above the age of 3
years must wait 3 months before marrying; R. Yosi
permits her to marry immediately.
(f) Rav Yosef had no answer. 'Did you hear an answer'?
(g) (Rav Papa Bar Shmuel): Rav Sheshes said, the case is,
people saw that she had relations.
(h) Question: If so, why is R. Yosi lenient?
(i) Answer #1 (Rabah): A woman having extra-marital relations
uses a cloth to prevent pregnancy.
1. We understand that a convert planned to convert, and
(j) Answer #2 (Rabah): R. Yosi holds, a girl that has
extra-marital relations flips over to avoid becoming
2. Also a captive guards herself, since she hopes to be
3. A slave could have heard that her master's intended
to free her, and guarded herself.
4. Question: A slave that is freed when the master
accidentally knocks out one of her limbs - how can
we explain this case?
5. Suggestion: If you will say that R. Yosi did not
speak in unanticipated cases - but rape is
i. (Beraisa - R. Yehudah): A raped girl must wait
3 months; R. Yosi permits her to marry
1. R. Yehudah is concerned that she did not flip over
(a) (Mishnah): "If there is no fatality, there will be (a
(b) Question: But this is learned from "According to his
evil" - you punish him for one evil, not for 2!
(c) Answer: We need 1 source that we do not give a verdict of
death and money, and 1 source for lashes and money.
1. If the only source was for death and money, we would
say, this is because a soul perishes, but one could
suffer lashes and money.
(d) Question: According to R. Meir, who says that we do
administer lashes and money, what do we learn from the 2
2. If the only source was for lashes and money, we
would say, this is because the sin was not so
severe, but one could suffer death and money.
(e) Answer: One teaches death and money, the other, death and
1. If the only source was for death and money, we would
say, this is because we do not punish his body and
money; but death and lashes, which is like one long
death, we do administer.
2. If the only source was for death and lashes, we
would say, this is because both affect his body; but
death and money we do administer.
(a) Question: Why do we need "Do not take a ransom for a
murderer"? (We already know, we do not administer death
(b) Answer: Do not take money to exempt him from death.
(c) Question: Why do we need "Do not take a ransom for (an
accidental murderer) who must flee to a refuge city"?
(d) Answer: Do not take money to exempt him from exile.
1. If the only source was for intentional murder, we
would say, this is because the sin was severe, but
we would take ransom for unintentional murder.
(e) Question: Why do we need "The only atonement for
bloodshed ... is the blood of the murderer"?
2. If the only source was for unintentional murder, we
would say, this is because a soul will not perish,
but we would take ransom to keep an intentional
(f) Answer (Beraisa): This verse teaches that if the murderer
is found after beheading the calf, he is executed.
(g) Question: Why do we need "You will eradicate the clean
blood from your midst"?
(h) Answer (Beraisa): How do we know that death by the sword
is administered at the neck? "You will eradicate the
clean blood from your midst".
1. This verse equates all murderers to the beheaded
calf; just as the calf is killed by the neck, so too
(i) Why do we need "Any Cherem (person sentenced to die) will
not be redeemed"?
2. Question: We should also equate them to use a
chopper, and on the back of the neck!
3. Answer (Rav Nachman): "Love your neighbor as
yourself" - choose a nice death for him.
(j) Answer (Beraisa): This verse teaches that if someone
pledged to Hekdesh the Erech (fixed value) of someone
sentenced to die, he pays nothing.
1. Suggestion: Perhaps this should apply even before
(k) Question: R. Chananya Ben Akavya holds that since Erchim
are fixed, they apply even to one sentenced to die. What
does he learn from the verse?
2. Answer: "From a man" excludes this case.
(l) Answer: (Beraisa - R. Yishma'el Bno Shel R. Yochanan Ben
Brokah): We find that people liable to death at the hands
of Heaven get atonement through money "If ransom is put
1. One might think, this applies even to one facing
execution - "Cherem of man ... will not be
(m) Answer #1(Rami Bar Chama): One might have thought that
this only applies to one who killed with an upward
motion, since when done unintentionally, there is no
2. Question: Perhaps this only applies to severe
capital sins, for which there is no atonement when
i. How do we know that it applies even to light
capital sins, for which there no atonement when
3. Answer: "*Every* Cherem".
4. Question: Don't we already know this from "Do not