1)

Why does the Torah use the double Lashon "Im Ma'en Yema'en Avihah"?

1.

Kesuvos, 39b: To teach us that the girl too, is permitted to refuse. 1

2.

Targum Yonasan: To teach us that, if she is not fit 2 to marry him, he may not betroth her.

3.

Kesuvos, 44b: To teach us that if her father was alive when she was seduced, the seducer is Chayav to pay K'nas. 3

4.

Yerushalmi Kesuvos, 3:5: To obligate the seducer to pay K'nas even if he is forbidden to marry her 'bi'Yedei Shamayim. 4


1

Refer to Torah Temimah, note 165. Oznayim la'Torah: And the reason that the Torah mentions only her father specifically is because, having complied with the seducer, she will probably agree to marry him.

2

Refer to 22:15:2.2:1.

3

Even though, had she been a Yesomah when the man seduced her, he would have been Patur. See Torah Temimah, note 166.

4

See Torah Temimah, note 167.

2)

What is "Kesef Yishkol" referring to?

1.

Mechilta and Kesuvos, 39a: It refers to the fifty Shekel 1 K'nas that the seducer is obligated to pay once he drops the issue of marrying her. 2


1

The Mechilta learns 'fifty Shekel' by Mefateh via the Gezeirah Shavah "Kesef "Kesef", and the the Gemara in Kesuvos via "Lo Orasah" "Lo Orasah" - from Oneis in Ki Seitzei, 22:29, and 'fifty Shekel' by Oneis from Mefateh via the same Gezeirah Shavah. Refer also to 22:16:1:1*

2

See Torah Temimah, note 169.

3)

What are the connotations of "ke'Mohar ha'Besulos"

1.

Rashi: It refers to the fifty Shekel K'nas that a rapist is obligated to pay the girl that he raped, 1 (which is payment for having taken her Besulim - Rashi in Kesuvos, 10a).

2.

Hadar Zekenim: It hints to the Kesubah of two hundred Zuz for a Besulah. The letters 'Chaf' 'Mem' 'Hey' 'Reish' alludes to Kamah (Da'as Zekenim - Mohar)? 'Reish' (its Gematriya is two hundred). R. Moshe: The Gematriya of ke'Mohar (like it is pronounced, with a 'Vav') is two hundred and seenty-one, one more than that of 'Reish (two hundred) Zuzim.'

3.

Kesuvos, 10a: From here, the Chachamim learn that Kesubah is d'Oraysa. 2

4.

Yerushalmi Kesuvos, 5:5: It teaches us that the inticer turns the K'nas into a Kesubah, since "Mohar" means Kesubah. 3

5.

Oznayim la'Torah #1 (citing th Ha'amek Davar): From the root 'Maher' (quickly), it means that he should take the opportuning of making a quick Shiduch, without the preliminary courtship.

6.

Oznayim la'Torah #2: It means that he should hurry to take the opportunity of marrying her, to avoid problems that will arise with furure Shiduchim when people refer to his his past behavior.


1

Refer also to 22:16:0.2:1*.

2

Refer to 22:15:1:2*.

3

Perhaps the Yerushalmi means that the K'nas consists of fifty Shekalim - the amount that he would have had to obligate himself to pay had he married her. See also Torah Temimah, note 176, who discusses the Lashon 'Mohar'.

4)

Why does the Torah write "ha'Besulos" and not simply 'Besulah'?

1.

Kesuvos, 29b: To teach us that Chayvei La'avin (from "Besulos") and Chayvei Kerisos (from the 'ha'Besulos') are subject to K'nas. 1


1

See Torah Temimah, note 174 & 164.

5)

Why does the Torah mention the K'nas only after the father's refusal to allow him to marry his daughter?

1.

Rashi (Yevamos, 61a): Because in the event that the seducer marries her, he is exempt from paying K'nas.

6)

How can the girl refuse the Kidushin of her father, seeing as he can be Mekadesh her against her will?

1.

Moshav Zekenim: If the man enticed her she'Lo le'Shem Ishus, her refusal obligates him to pay a fine, even if he marries her. If he enticed her le'Shem Ishus, her refusal obligates him to pay P'gam, and he must be Mekadesh her again with her father's consent.

2.

It seems that, due to the circumstances under which she is now set to marry the seducer, the Torah gives her the right to turn him down even against her father's wishes.

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