POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 44
1) TWO DOCUMENTS FOR THE SAME TRANSACTION
(a) Now too, (that he is not giving more than 300), from the
fact that he did not write that he is adding on to the
first 200, she pardoned the lien from the earlier date.
2) WHICH CONVERTS HAVE THE LAW OF YISRAEL
(b) Rav Huna said that she may collect whichever she wants.
(c) Suggestion: This argues on Rav Nachman.
1. (Rav Nachman): 2 documents (of sale or gift) with
different dates - the latter invalidates the former.
(d) Rejection: This need not argue!
1. (Rav Papa): Rav Nachman admits, if the 2nd document
adds on a date tree, it was written for the
addition, and does not invalidate the first
(e) Clearly, if the 1st document was a sale, and the 2nd a
gift, the 2nd was written to help the buyer evade the law
that a neighbor has first rights to buy property (and it
does not invalidate the 1st document).
2. Also in Rav Huna's case, the second Kesuvah adds to
(f) All the more so, if the 1st was a gift, and the 2nd a
sale, it was written to guarantee the receiver
compensation if his field will be taken by creditors, and
it does not invalidate the 1st document.
(g) When both are sale documents, or both gifts, the latter
invalidates the former.
(h) Question: Why?
(i) Answer #1 (Rafram): The recipient requested another
document because he admits that the 1st one is invalid.
(j) Answer #2 (Rav Acha): The recipient pardoned the earlier
1. There are 3 practical differences between these
(k) Question: How do we rule (question 4:a, Daf 43B)?
i. According to the 1st answer, the recipient
invalidates the witnesses on his document.
ii. According to the 1st answer, the recipient must
pay for fruit he ate of the land between the
dates on the 2 documents.
iii. According to the 1st answer, the seller must
pay the taxes for the property for the period
between the documents.
(l) Answer (Rav Yehudah): R. Eliezer Bar R. Shimon says that
100/200 is collected from the engagement, any addition
from Chupah; Chachamim say, all is collected from the
time of Chupah.
1. The law is as Chachamim.
(a) (Mishnah): A woman converted with her daughter. If the
daughter had adultery as an engaged Na'arah, the
punishment is strangulation; she is not killed at the
door of her father's house, and there is no fine of 100
Shekels if her husband is Motzi Shem Ra on her;
(b) If her mother converted between conception and birth, the
punishment is stoning, she is not killed at the door of
her father's house, and there is no fine of 100 ;
(c) If her mother converted before conception, she has the
law of a Bas Yisrael in all respects.
(d) If a girl has a father but no door to her father's house;
or, there is a door to her father's house, but she has no
father, her punishment is stoning.
1. The Mitzvah is to stone her at the father's door,
but if this cannot be done, she is still stoned.
(e) (Gemara - Reish Lakish): "And she will die" - this
teaches that she is stoned even if her mother converted
between conception and birth.
3) MOTZI SHEM RA ON AN ORPHAN
(f) Question: If so, one is Motzi Shem Ra on her should be
lashed and pay!
(g) Answer: "And she will die" - this law was said regarding
execution, not regarding a fine.
(h) Suggestion: Let us say, the verse only teaches if the
conversion was before conception!
(i) Rejection: Such a girl is a regular Bas Yisrael, the
verse is not needed in such a case.
(j) Suggestion: Let us say, the verse teaches even if the
conversion was after birth!
(k) Rejection: If so, what does "In Yisrael" teach?
(a) (R. Yosi Bar Chanina): One who is Motzi Shem Ra on an
orphan is exempt - "He will give to the father of the
Na'arah", to exclude an orphan.
4) THE PUNISHMENT FOR ADULTERY
(b) Question (R. Yosi Bar Avin - Beraisa): R. Yosi ha'Galili
says, "If refuse she will refuse" - this shows that an
orphan also receives a fine!
(c) Answer (R. Yosi Bar Avin): That is when she was orphaned
between the enticement and the trial.
(d) (Rava): One who is Motzi Shem Ra on an orphan is
1. (Beraisa - Ami): "A virgin of Yisrael" - to exclude
a virgin convert.
(e) (Reish Lakish): Motzi Shem Ra on a minor is exempt - "He
will give to the father of the Na'arah" - the Torah
speaks of a full (adult) Na'arah.
i. This fits well if Motzi Shem Ra on an orphan is
normally punished - the verse teaches that by a
convert, he is exempt.
ii. If one is always exempt on an orphan - why do
we need a verse to say that one is exempt for a
convert (since legally, she is an orphan)?!
(f) Objection (Rav Acha Bar Aba): "She will be stoned" - a
minor is not executed!
(g) Rather, here the Torah speaks of a full Na'arah - when
Na'arah is spelled lacking, even a minor is included.
(a) (Beraisa - Shila): There are 3 divisions in the
punishment of a girl that commits adultery.
(b) If after Chupah, witnesses testify that she had adultery
during engagement, she is stoned by her father's door.