POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) TWO DOCUMENTS FOR THE SAME TRANSACTION
(a) (Rav Huna): She may collect whichever Kesuvah she wants.
(b) Suggestion: He argues with Rav Nachman.
1. (Rav Nachman): If there are two documents (of sale
or gift for the same property to the same recipient)
with different dates, the latter invalidates the
(c) Rejection: They need not argue!
1. (Rav Papa): Rav Nachman admits that if the second
document adds on a date tree, it was written for the
addition and does not invalidate the first document.
(d) Clearly, if the first document was a sale and the second
is a gift, the second does not invalidate the first. It
was written to protect the buyer from the law of Bar
Metzra. (When land is sold, the neighbors have first
rights to buy it. This does not apply to gifts.)
2. Also in Rav Huna's case, the second Kesuvah adds to
(e) All the more so, if the first was a gift, and the second
was a sale, it does not invalidate the first. The second
was written to guarantee the receiver compensation if the
property will be taken by creditors.
(f) When both are sale documents or both are gifts, the
latter invalidates the former.
(g) Question: What is the reason?
(h) Answer #1 (Rafram): The recipient requested another
document because he agrees that the first one is invalid.
(i) Answer #2 (Rav Acha): The recipient pardoned the earlier
(j) There are three practical differences between these
1. According to Answer #1, the recipient invalidates
the witnesses (or signatures) on his first document
(he cannot rely on them for other documents);
(k) Question: How do we rule (about question 4:a, Daf 43B)?
2. According to Answer #1, the recipient must pay for
produce he ate from the land between the dates on
the two documents;
3. According to Answer #1, the seller must pay the
property taxes for the period between the documents.
(l) Answer (Rav Yehudah): R. Eliezer bar R. Shimon says that
100 or 200 is collected from the Kidushin. Tosefes is
collected from the Nisu'in;
1. Chachamim say that all is collected from the
(m) The Halachah follows Chachamim.
2) TO WHICH CONVERTS DO THE LAWS OF "MOTZI SHEM RA" APPLY?
(a) (Mishnah): If a woman converted with her daughter and the
daughter was Mezanah (while she was a Na'arah Me'orasah),
she is strangled. She is not killed at her father's
doorway, and there is no fine of 100 Shekalim if her
husband is (falsely) Motzi Shem Ra against her;
(b) If her mother converted between conception and birth, she
is stoned (for such Znus), but not at her father's
doorway, and there is no fine of 100;
(c) If her mother converted before conception, she is like a
Bas Yisrael in all respects.
(d) Even if a girl has a father but her father has no
doorway, or his house has a doorway but she has no
father, her punishment is stoning;
1. The Mitzvah is to stone her at the father's door. If
this cannot be done, she is still stoned.
(e) (Gemara - Reish Lakish): "And she will die" teaches that
she is stoned even if her mother converted between
conception and birth.
(f) Question: If so, one who is Motzi Shem Ra on her should
be lashed and pay!
(g) Answer: "And she will die" applies to execution, not to a
(h) Suggestion: Perhaps this is only if the conversion was
(i) Rejection: Such a girl is a regular Bas Yisrael. The
verse is not needed in such a case.
(j) Suggestion: Perhaps the verse includes even if the
conversion was after birth!
(k) Rejection: "B'Yisrael" excludes this.
3) "MOTZI SHEM RA" ON AN ORPHAN
(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" excludes an orphan.
(b) Question (R. Yosi bar Avin - Beraisa - R. Yosi ha'Glili):
The repetition "Im Ma'en Yima'en" teaches that also an
orphan receives a fine!
(c) Answer (R. Yosi bar Avin): That is when she was orphaned
between the seduction and the trial.
(d) (Rava): One who is Motzi Shem Ra on an orphan is
1. (Ami - Beraisa): "A virgin of Yisrael" excludes a
(e) (Reish Lakish): Motzi Shem Ra on a minor is exempt - "He
will give to the father of the Na'arah." Na'arah is
written full (with a Hei), to teach that we discuss a
full (adult) Na'arah.
2. Question: We understand this if Motzi Shem Ra on an
orphan is normally punished. The verse exempts Motzi
Shem Ra on a convert.
i. But if one is always exempt for an orphan, why
must a verse exempt for a convert? (According
to Halachah, she has no father!)
(f) Objection (Rav Acha bar Aba): Even without the Hei, we
would know that a minor is not included!
1. "The Na'arah... will be stoned" - we do not punish a
2. Rather, here the Torah discusses a full Na'arah.
When Na'arah is written without a Hei, it includes
even a minor.
Index to Outlines for Maseches Kesuvos