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KESUVOS 39

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SUMMARY

Rebbi Meir says that three women may use a Moch as a means of birth control because of the danger of getting pregnant. (1)
 
The Chachamim say using a Moch is forbidden because ‘Hashem watches over fools’ and will protect her from any harm that is may be caused by pregnancy.
 
The period of time that a girl is a Na’arah is only six months.
 
Rava asks if someone rapes a girl and she dies and subsequently becomes a Bogeres, does he have to pay a Knas. (2)
 
Mar Bar Rebbi Ashi asks if the Na’arah dies after she is raped is he Patur from Knas.
 
If the girl gets married or becomes a Bogeres after she is raped the Knas is paid to her, not to her father.
 
If a Na’arah that had E’irusin takes a vow, the father and the husband may annul the vow. (3)
 
Someone who seduces a girl pays Boshes, P’gam and Knas and a rapist also pays for pain.
 
Someone who rapes a girl must marry her and may never divorce her.
 
(4)
 
REBBI Shimon says that a rapist doesn’t pay for pain because she was inevitably going to suffer pain from her husband. (5)
 
A woman who is seduced doesn’t suffer pain.
 
If someone rapes a girl he gives the Knas immediately, but if he seduces her he gives it when they decide not to get married. (6)
 
If a girl is raped or seduced both her and her father may withhold her from marrying the perpetrator.
 
If the rapist dies after he marries the victim, or she demands a Get, she doesn’t receive a Kesuvah. (7)

A BIT MORE

1. The three women are a minor, a pregnant woman and a nursing woman. A minor between the ages of 11 and 12 is permitted to use a Moch because of the danger of pregnancy for a young girl, a pregnant woman is permitted because of the potential danger of pregnancy to the fetus and a nursing woman is permitted because pregnancy may result in the discontinuing of her nursing.
 
2. However death alone without her becoming a Bigeres after death doesn’t Patur him from Knas because Rava disagrees with Abaye who holds that if the Na’arah dies he is Patur from Knas.
 
3. Only if they both annul the vow is it effectively annulled.
 
4. If she is forbidden to him he may not marry her.
 
5. The Chachamim hold that the pain of being raped in more painful than consensus relations.
 
6. However the Boshed an P’gam must be given immediately.
 
7. Rebbi Yose'i Bar Yehudah holds that she receives a Kesuvah of a Manah.

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