KESUVOS 29 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.
Perek Eilu Na'aros
1)
(a)'Eilu Na'aros she'Yesh Lahen Kenas'. What is the definition of 'Na'aros'?
(b)What about a Ketanah and a Bogeres? Do they also receive 'Kenas', according to the Tana of our Mishnah?
(c)To whom must one initially pay the Kenas?
(d)How much must one pay?
1)
(a)'Eilu Na'aros she'Yesh Lahen Kenas'. 'Na'aros' implies - from the time that the girl reaches maturity (through two pubic hairs - any time after she reaches the age of twelve), for a six-month period, when she becomes a Bogeres.
(b)According to the Tana of our Mishnah - a Ketanah and a Bogeres do not receive 'Kenas'.
(c)One initially pays the Kenas to the girl's father.
(d)The amount is - fifty Kesef (Sela'im).
2)
(a)The Mishnah incorporates a Mamzeres, a Nesinah and a Kutis in the Adin of Kenas. What do all three have in common?
(b)The 'Nesinim' are so called because Yehoshua placed them wood-choppers and water-drawers. Who forbade them to marry into the Kahal?
(c)What was the status of Kutim, according to the Tana of our Mishnah?
2)
(a)The Mishnah incorporates a Mamzeres, a Nesinah and a Kutis in the Adin of Kenas - all of whom are Pasul(to marry into the Kahal).
(b)The 'Nesinim' are so called because Yehoshua placed them wood-choppers and water-drawers. David ha'Melech - forbade them to marry into the Kahal.
(c)Kutim, according to the Tana of our Mishnah - were Geirei Arayos (who converted due to the fear of lions), and who were therefore included in the Lav of "Lo Tischatein Bam" (see Tos. Dh 've'Al').
3)
(a)On what condition does one pay Kenas to a convert, a captive girl who has been redeemed and a Shifchah who have been set free?
(b)What does the Tana about paying Kenas to women with whom one is guilty of incest?
3)
(a)One pay Kenas to a convert, a captive-girl who has been redeemed and a Shifchah who have been set free - as long as the three events took place before she reached the age three.
(b)The Tana rules that women with whom one is guilty of incest - are subject to Kenas, too.
4)
(a)How can our Mishnah include the case of someone who raped his brother's wife or his father's brother's wife, seeing as someone who commits rape with a married woman is Chayav Misah at the hands of Beis-Din, and is therefore Patur from Kenas?
(b)What does the Tana say about a man who raped a Nidah?
(c)Why does he insert only girls who are Pasul in the list of those who are subject to Kenas?
4)
(a)Our Mishnah includes the cases of someone who raped his brother's wife or his father's brother's wife, despite the fact that someone who commits rape with a married woman is Chayav Misah at the hands of Beis-Din, and is therefore therefore Patur from Kenas - because he is speaking in a case where his brother or uncle subsequently divorced her.
(b)The Tana - includes Nidah in the list of the girls who are eligible to receive Kenas.
(c)He inserts only girls who are Pasul in the list of those who are subject to Kenas - to teach us that even they are subject to Kenas (and not to extrapolate from there that those who are Kasher are not).
5)
(a)Who is the author of our Mishnah which precludes a Ketanah from Kenas?
(b)According to him, what is the corollary between the age that a girl can be sold and her being subject to Kenas?
(c)From where do we know that a girl can no longer be sold from the moment that she is of age to receive Kenas?
5)
(a)The author of our Mishnah which precludes a Ketanah from Kenas - is Rebbi Meir.
(b)According to him - whenever she can be sold (until she becomes a Na'arah), she is not subject to Kenas, and whenever she is subject to Kenas (from Na'arus until Bagrus), she cannot be sold.
(c)We know that a girl can no longer be sold from the moment that she is of age to receive Kenas - because, of the 'Kal va'Chomer', if she goes free from her master at that point, it is obvious that she cannot be sold.
6)
(a)In which point do the Chachamim disagree with Rebbi Meir?
(b)How do we interpret their statement that a Ketanah from the age of three until she becomes a Bogeres is subject to Kenas, implying that she is subject to Kenas, but cannot be sold?
6)
(a)The Chachamim disagree with Rebbi Meir - with regard to a girl between the ages of three and twelve (until she becomes a Na'arah), who is also subject to Kenas in their opinion.
(b)When they say that a Ketanah from the age of three until she becomes a Bogeres receives Kenas - they mean that, besides being subject to being sold, she is also subject to Kenas.
29b----------------------------------------29b
7)
(a)Why does our Mishnah appear to clash with the Pasuk in Ki Setzei "v'Lo Siheyeh l'Ishah"?
(b)How does ...
1. ... Resh Lakish initially answer this Kashya from the word "ha'Na'arah" (in the Pasuk there "v'Nasan ha'Ish ha'Shochev Imah la'Avi ha'Na'arah"? Why is it superfluous?
2. ... Rav Papa initially explains it with the Pasuk "v'Chi Yefateh Ish Besulah ... Kesef Yishkol k'Mohar ha'Besulos"? What could the Torah have written?
(c)What does Abaye learn from the Pasuk "v'Nasan la'Avi ha'Na'arah"?
(d)The Beraisa uses the Pasuk of Mefateh (a girl who has been enticed) for a 'Gezeirah-Shavah' ("Besulah" "Besulah") to compare an Ones and a Mefateh. He learns the sum of fifty Shekalim by Mefateh from Ones (where it is written explicitly). What does he learn in connection with Ones from Mefateh?
7)
(a)Our Mishnah - which obligates a rapist to pay Kenas even for Chayavei Kares, even though Kidushin is not effective, appears to clash with the Pasuk "v'Lo Siheyeh l'Ishah" (which implies that Kenas only applies to women with whom Kidushin is effective.
(b)Initially ...
1. ... Resh Lakish answers this Kashya with the word "ha'Na'arah" (in the Pasuk there "v'Nasan ha'Ish ha'Shochev Imah la'Avi ha'Na'arah"), which is superfluous, seeing as the Torah already wrote "Ki Yimtza Ish Na'arah Besulah" , in which case it could have written "v'Nasan ... l'Avihah"). In fact, according to him, one of the two Derashos (one from the word "Na'arah" and one from the "ha"), comes to teach us Chayavei Lavin, and the other one, Chayavei Kares.
2. ... Rav Papa answers - with two similar Derashos, from the superfluous word "ha'Besulos" (in the Pasuk "Kesef Yishkol k'Mohar ha'Besulos" [seeing as the Torah could have written "Kesef Yishkol k'Mohar"]).
(c)Abaye learns from the Pasuk "v'Nasan la'Avi ha'Na'arah" - that Kenas only applies as long as the girl is alive ("la'Avi ha'Na'arah" 've'Lo la'Avi Mesah').
(d)The Beraisa uses the Pasuk of Mefateh for a 'Gezeirah-Shavah' ("Besulah" "Besulah") to compare an O'neis and a Mefateh. He learns the sum of fifty 'Kesef' by Mefateh from O'neis (where it is explicitly written) - and he learns from Mefateh (where the Torah uses the word "Yishkol"), that by O'neis too, it is fifty Shekalim that one pays.
8)
(a)Bearing in mind the Derashos of Abaye and the Beraisa, how do we now rearrange the six Pesukim to learn all that we need to from them?
8)
(a)Bearing in mind the Derashos of Abaye and the Beraisa, we now rearrange the six Pesukim to learn like this - one "Na'arah" and one "Besulah" is needed for each of the basic Halachos; one of the Derashos of "ha'Na'arah" we need for Abaye's Din (that Kenas does not apply once the girl has died), and one of the Derashos from "ha'Besulos" for the 'Gezeirah-Shavah'; the remaining two Derashos teach us Kenas applies even to Chayavei Lavin and Chayavei Kares.
9)
(a)Shimon ha'Teimani disagrees with our Mishnah. He takes "v'Lo Siheyeh l'Ishah" as the last word. According to him, which women are subject to Kenas, and which are not?
(b)Rebbi Zeira explains that, according to Rebbi Shimon ben Menasya, it is not a matter of whether Kidushin is effective or not, but whether he is permitted to remain with her or not. What is the difference between the two explanations?
(c)Why will this difference not work according to Rebbi Akiva?
(d)Why is this only a problem according to Rebbi Shimon ben Menasya, but not according to Rebbi Shimon ha'Teimani?
9)
(a)Shimon ha'Teimani disagrees with the Tana of our Mishnah. He takes "v'Lo Sihyeh l'Ishah" as the last word. According to him - women with whom Kidushin are effective are subject to Kenas, and those with whom Kidushin is not effective (Chayavei Kares) are not.
(b)Rebbi Zeira explains that, according to Rebbi Shimon ben Menasya, it is not a matter of whether Kidushin is effective or not, but whether he is permitted to remain with her or not. The difference between the two explanations - will be a Mamzeres or Nesinah (with whom Kidushin is effective, but with whom he is forbidden to remain).
(c)This difference will not work according to Rebbi Akiva - who holds that Kidushin are not effective by Chayavei Lavin, either.
(d)This is only a problem however, according to Rebbi Shimon ben Menasya, but not according to Rebbi Shimon he'Teimani - who specifically argues with Rebbi Akiva (and whose opinions do not therefore need to be reconciled).
10)
(a)We establish the difference between the two Tana'im (according to the opinion of Rebbi Akiva) by an Almanah l'Kohen Gadol according to Rebbi Sima'i. What does Rebbi Sima'i say? What does he learn from the Pesukim in Emor "Lo Yikach ... v'Lo Yechalel"?
(b)Rebbi Yeshevav disagrees with Rebbi Sima'i. What statement did he make that demonstrates this?
(c)According to Rebbi Yeshevav's understanding of Rebbi Akiva then, the difference between Rebbi Shimon ben Menasya and Shimon ha'Teimani will be Chayavei Aseh, assuming that is, that he is only arguing with Rebbi Yeshevav. What will be the difference between them if we assume that he is making his own statement, and that Rebbi Akiva declares even Chayavei Aseh Mamzerim?
(d)How is Kenas applicable to a Be'ulah, who is no longer a Besulah?
10)
(a)We establish the difference between the two Tana'im (according to the opinion of Rebbi Akiva) by an Almanah l'Kohen Gadol according to Rebbi Sima'i, who learns from the Pasuk "Lo Yikach ... v'Lo Yechalel" - that an Almanah l'Kohen Gadol (even according to Rebbi Akiva) produces Chalalim but not Mamzerim, and with whom Kidushin is therefore effective.
(b)Rebbi Yeshevav disagrees with Rebbi Sima'I, as is evident from his statement 'Come, let us overrule Rebbi Akiva who declares the children of every forbidden Bi'ah in Yisrael a Mamzer (even an Almanah l'Kohen Gadol)'.
(c)According to Rebbi Yeshevav's understanding of Rebbi Akiva then, the difference between Rebbi Shimon ben Menasya and Shimon he'Teimani will be Chayavei Aseh Aseh, assuming that is, that he only argues with Rebbi Yeshevav. The difference between them, if we assume that he is making his own statement (that Rebbi Akiva declares even Chayavei Aseh Mamzerim) - will be in the case of a Be'ulah l'Kohen Gadol (whose child is not a Mamzer, and with whom Kidushin is effective - even according to Rebbi Akiva - on the one hand, but with whom he is not permitted to remain, on the other).
(d)Kenas is applicable to a Be'ulah (who is normally no longer a Besulah) - by a Be'ulah she'Lo k'Darkah (an unnatural Be'ulah).
11)
(a)Why should a Be'ulah l'Kohen Gadol be any different than other Chayavei Aseh?
(b)What do regular Chayavei Aseh incorporate?
11)
(a)A Be'ulah l'Kohen Gadol is different than other Chayavei Aseh - because it is an 'Aseh she'Eino Shaveh ba'Kol' (it does not pertain to everybody, but is confined to a Kohen Gadol).
(b)Regular Chayavei Aseh incorporate - a Mitzri and an Edomi up to three generations.
