1)

IS KESUVAH MID'ORAISA OR MID'RABANAN?

(a)

(Rav Nachman): Chachamim enacted that a virgin gets a Kesuvah of 200 Zuz and a widow gets a Kesuvah of 100. They also enacted that if he claims Pesach Pasu'ach, he is believed.

(b)

Question: If so, the enactment does not help! (Every Chasan can exempt himself.)

(c)

Answer (Rava): We have a Chazakah (a law of human nature) that a person does not toil to make a feast and spoil it (i.e. make a false claim and divorce her immediately).

(d)

(Beraisa #1): Since it is a fine of the Chachamim, she collects only from Ziburis (lowest quality land).

(e)

Objection: The Kesuvah is not a fine!

(f)

Retraction: Rather, since it is an enactment of the Chachamim, she collects only from Ziburis.

(g)

(Seifa - R. Shimon ben Gamliel): The Kesuvah is a Torah concept.

(h)

Question: This contradicts what he said in a Beraisa!

1.

(Beraisa #2): "Money... like the Mohar of virgins" teaches that the Mohar (Kesuvah) of a virgin should be like the fine for a seducer, 50 Shekalim. This was Chachamim's source in the Torah for the Kesuvah;

2.

R. Shimon ben Gamliel says, the Kesuvah is only mid'Rabanan.

(i)

Answer #1: We must switch the opinions in Beraisa #2.

1.

Question: Why don't we switch the opinions in Beraisa #1?

2.

Answer: Elsewhere, we find that R. Shimon ben Gamliel says that the Kesuvah is mid'Oraisa.

i.

(Mishnah - R. Shimon ben Gamliel): One pays the Kesuvah with coins of Keputkiya (which are larger).

(j)

Answer #2: The entire second Beraisa is R. Shimon ben Gamliel. It reads as follows:

1.

This is the support that Kesuvah is mid'Oraisa. The Kesuvah of a widow is only mid'Rabanan, like R. Shimon ben Gamliel says.

2)

CASES OF CLAIMS OF PESACH PASU'ACH

(a)

A man came to Rav Nachman and claimed Pesach Pasu'ach.

(b)

Rav Nachman: Lash him with date branches! If he knows this, he must be regular with the harlots of the city!

(c)

Question: But Rav Nachman said that a man is believed to say that the opening was open!

(d)

Answer #1: He is believed, and he is lashed.

(e)

Answer #2 (Rav Ashi): If he was previously married he is believed. If not, he is lashed..

(f)

A man came to R. Gamliel and claimed Pesach Pasu'ach.

(g)

Version #1 - R. Gamliel: Perhaps you did Hatiyah.

1.

This is comparable to a man walking in the dark (and he came to his door. There was an obstruction that did not allow the door to open.) If he tilted the obstruction to the side, he will find the door open. If not, he will find it locked.

(h)

Version #2 - R. Gamliel: Perhaps you intentionally did Hatiyah and uprooted the door and the bolt!

1.

This is comparable to a man walking in the dark. If he intentionally aside the obstruction, he will find the door open. If not, he will find it locked.

3)

CASES WHERE NO BLOOD WAS FOUND

(a)

A man came to R. Gamliel and said that he had Bi'ah Rishonah, and there was no blood.

(b)

The Kalah: I was a virgin!

(c)

R. Gamliel inspected the cloth, soaked and washed it, and founds drops of blood. He told the man that she was a virgin.

1.

Suggestion (Huna Mar brei d'Rava mi'Parzika): We should do similarly!

10b----------------------------------------10b

2.

Rejection (Rav Ashi): Our ironing (in Bavel) is like their washing (in Eretz Yisrael, but our washing is inferior to theirs. Perhaps the blood will not be found.)

3.

Suggestion: We can iron the cloth (this is like washing in Eretz Yisrael)!

4.

Rejection: This will remove the blood.

(d)

A man came to R. Gamliel bar Rebbi and said that he had Bi'ah Rishonah, and there was no blood.

(e)

The Kalah: I am still a virgin!

(f)

R. Gamliel bar Rebbi brought two slaves, a virgin and a non-virgin. He put them on top of a barrel of wine. One could smell the wine through the mouth of the non-virgin, but not from the mouth of the virgin.

1.

The Kalah went on top of the barrel. The wine could not be smelled through her mouth. R. Gamliel told the man that she is a virgin.

(g)

Question: Why didn't he test only the Kalah?

(h)

Answer: He had heard about the test, but had never seen it done, and was unsure if he properly understood it. It is not proper to disgrace Benos Yisrael.

(i)

A man came to R. Gamliel the elder and said that he had Bi'ah Rishonah, and there was no blood.

(j)

The Kalah: I am from the family of Dorketi. We do not have menstrual or virginal blood!

(k)

R. Gamliel found that this was true. He told the man that he was fortunate to get a girl from the family of Dorketi.

1.

Question: Why is the family called 'Dorketi'?

2.

Answer: It is a Dor Katu'a (cut off).

(l)

R. Chanina: R. Gamliel gave the man false consolation!

1.

(R. Chiya): Just like sourdough is good for (fermenting) a dough, so blood is good for a woman.

2.

(R. Meir): A woman with much blood will have many children.

(m)

(R. Yirmiyah bar Aba): R. Gamliel said 'acquire your (good) purchase'.

(n)

(R. Yosi bar Avin): he said 'you made a bad purchase'.

(o)

Question: We understand why he would say that it was a bad purchase, for she is not fitting for children. But according to R. Yirmiyah, why did he consider it a good acquisition?

(p)

Answer: He will not be in doubt whether or not his wife is a Nidah.

(q)

A man came to Rebbi and said that there was no blood from Bi'ah Rishonah.

(r)

The Kalah: I am still a virgin!

(s)

It was a time of famine. Rebbi bathed them and gave them to eat and drink. They had Bi'ah again, and there was blood. "Their skin stuck to their bones, it was as dry as wood".

4)

THE KESUVAH OF A WIDOW

(a)

(Mishnah): The Kesuvah of a virgin is 200 Zuz. That of a widow is 100. If a virgin was widowed, divorced or did Chalitzah from Eirusin, her Kesuvah is 200, and there is Ta'anas Besulim.

(b)

(Gemara - Rav Chana Bagdata'ah): A widow is called an Almanah because her Kesuvah is a Manah (100 Zuz).

(c)

Question: The Kesuvah of a widow from Eirusin is 200!

(d)

Answer: Since we call a widow from Nisu'in Almanah, also a widow from Eirusin is called Almanah.

(e)

Question: Why does it say "Almanah" in the Torah? (Mid'Oraisa, a widow has no Kesuvah!)

(f)

Answer: It is because Chachamim would later make this enactment.

(g)

Question: Would the Torah give a name based on the future?

(h)

Yes! Rav Yosef taught a Beraisa that says that "The Chidekel River... to the east of Ashur" refers to the city of Slika, which was built later.

(i)

(Rav Chana Bagdata'ah): Rain does the following: waters, satiates, fertilizes, rejuvenates, and extends;

(j)

(Rava bar R. Yishmael): He learns from "Telameha Rave Naches..." (David requested that Hash-m send rain, which does all of these).

(k)

(R. Elazar): The MiZBe'aCH is MeZi'aCH, MeZin, MeCHaVev, and MeCHaper (diverts (sins), feeds, endears, and atones).

1.

Question: Diverting (sins) is the same as atoning!

2.

Answer: It diverts harsh decrees.

(l)

(Rav Chana Bagdata'ah): Dates warm (people), satiate, promote bowel movement, invigorate, but do not make one finicky.

(m)

(Rav): One who ate dates may not give Hora'ah (a Halachic ruling, for dates befuddle).

(n)

Question (Beraisa): Dates are good in the morning and evening. They are bad in the afternoon. They are unmatched at noon. They overcome three things: bad thoughts (worry), and sicknesses of the intestines and abdomen.

(o)

Answer #1: Rav did not say that dates are not good. They are good, just they temporarily befuddle, just like wine;

1.

One who drinks a Revi'is of wine may not give Hora'ah.

(p)

Answer #2: Dates are bad before eating bread, but good after bread.

1.

(Abaye): My (surrogate) mother told me that dates before bread are like an axe to a date tree. After bread they are like a bolt to a door.

(q)

(Rava): DaSHa (door) is an acronym for Derech SHam (there is the way). DaRGa (ladder) is an acronym for DeRech Gag (a way to the roof).

(r)

(Rav Papa): PuRiya (bed) is an acronym for Parim u'Ravim (people procreate) on it.

(s)

(Rav Nachman bar Yitzchak): Ailonis (a girl who does not develop like a normal female) is based on Ayil (a male ram, that does not bear children).

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