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KESUVOS 36

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SUMMARY

A man who rapes or seduces a woman who is prohibited to him mid'Rabanan is obligated to pay a Knas.
 
Shimon ha'Timni: A woman who is prohibited with a Lav who is raped or seduced receives a Knas. Rebbi Shimon ben Menasyah: She does not receive a Knas.
 
Chachamim: A Ketanah receives a Knas. Rebbi Meir: Only a Na'arah receives a Knas.
 
A girl who did Mi'un does not receive a Knas if she is rapped or seduced. (1)
 
Rebbi Meir: An Ailonis does not receive a Knas, because she goes straight from being a Ketanah to a Bogeres. (2)
 
Rebbi Meir: A girl may do Mi'un until she has two hairs. Rebbi Yehudah: She may do Mi'un until the black hairs are the majority. (3)
 
A woman who is a deaf-mute or a Shotah receives a Knas if she is raped or seduced.
 
Raban Gamliel: A man who marries a deaf-mute or a Shotah cannot make a claim that she does not have Besulim: Rebbi Yehoshua: He may make such a claim. (4)
 
A man who marries a Mukas Etz cannot make a claim that she does not have Besulim. (4)
 
Tana Kama: A man who marries a blind woman may claim that she has no Besulim. Sumchus: He may not make such a claim. (5)
 
When a man marries a Bogeres, any blood she sees the first night of the marriage is presumed to be the blood of Besulim.
 
A man who marries a Bogeres cannot claim that he found an opening, but he can claim that she does not have the blood of Besulim.
 
If two witnesses testify that a girl requested to do an Isur with them, she does not receive a Knas if she is raped or seduced. (6)
 
If two witnesses testify that a person asked them to sign falsely, the Shtar is invalid because of the possibility that he forged the signatures himself.
 
A girl who converted or who was redeemed from captivity over the age of three does not receive a Knas. (7)
 
If one has relations with a relative who is forbidden to him with a Chiyuv Misah, he does not pay a Knas since he is Chayav Misah.
 
Rebbi Dosa: A Bas Kohen who was redeemed from captivity may eat Terumah.
 
Rebbi Yehudah: A Bas Kohen who was redeemed from captivity receives the Kesuvah of a Besulah, which is 200 Zuz.
 
One who redeems a captive may marry her.

A BIT MORE

1. Since she was married, she is no longer assumed to be a Besulah. Only a Besulah receives a Knas.
 
2. However, the Chachamim rule that an Ailonis receives a Knas because they maintain that a Ketanah receives a Knas.
 
3. Rebbi Meir: A girl who was married off by her mother or brothers may do Mi'un only while she is a Ketanah. Rebbi Yehudah: She may do Mi'un as long as the two black hairs are long enough to make it appear as if they are the majority.
 
4. Raban Gamliel: When a man claims that his wife has no Besulim, and she defends herself by saying that she was raped after the Eirusin, the woman is believed. Therefore, in the case of a woman who has Da'as, Beis Din makes the claim in her defense. Rebbi Yehoshua: A woman who claims that she was raped after the Eirusin is not believed. Therefore, we do not have a claim to make in the defense of the deaf-mute.
 
4. A Mukas Etz is a a girl who had her Besulim knocked out unnaturally.
 
5. Sumchus says in the name of Rebbi Meir that he cannot make such a claim, because she might have banged herself and caused the Besulim to fall out, and she was not aware of it and thus did not tell her mother about it.
 
6. We assume she is no longer a Besulah.
 
7. Rebbi Yehudah argues in the case of the captive, because he maintains that we do not assume that a captive is no longer a Besulah.

BRIEF INSIGHT

A WOMAN OF POOR CHARACTER
 
If two witnesses testify that a woman requested to do an Isur with them, she does not receive a Knas if she is raped or seduced. Rashi explains that since she is seeking to do an Isur, we assume that she no longer is a Besulah. The Rambam gives a different reason for why she does not receive a Knas. He says that since she is of ill repute, we assume that she willingly gave herself up to her rapist and thus she is regarded as a Kedeshah. The Torah does not obligate a person to pay a Knas when the woman primed herself for it. (Ran)

QUICK HALACHAH

RUMORS THAT SHE WAS MEZANAH
 
If there are rumors that a woman was Mezanah, it is of no concern [and she may marry a Kohen]. Even if her husband separated from her because she transgressed Da'as Yehudis, or there are witnesses that she engaged in unsavory behavior, if her husband dies before she receives a Get she is permitted to marry a Kohen. (Shulchan Aruch EH 6:16)

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