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Revach L'Daf
יום ה', פרשת ואתחנן
Kesuvos 36

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  • Summary of the Daf
  • 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.
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  • Rebbi Meir: An Ailonis does not receive a Knas, because she goes straight from being a Ketanah to a Bogeres.
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  • 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.
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  • 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.
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  • A man who marries a Mukas Etz cannot make a claim that she does not have Besulim.
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  • Tana Kama: A man who marries a blind woman may claim that she has no Besulim. Sumchus: He may not make such a claim.
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  • 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.
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  • 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.
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  • 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.
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  • 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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