Thursday, September 06, 2007

Daf Yomi - Kesuvos 5 - Highlights

Initial Cohabitation on Saturday Night

The Gemora had stated: He shall never cohabit with his virgin bride for the first time on Erev Shabbos (Friday night) or Motzoei Shabbos (Saturday night). The Gemora asks: It is understandable that he shall not cohabit with his bride for the first time on Friday night because he will be causing a wound, which is prohibited to do on Shabbos, but what is the reason for the prohibition on Saturday night?

Rabbi Zeira answers: It is prohibited because this will result in making calculations on Shabbos (if he will consummate the marriage on Motzoei Shabbos, the wedding feast will be held then and he will make calculations on Shabbos as to the cost of that festive meal, which is prohibited).

Abaye asked: Are those calculations in fact forbidden to make on Shabbos? But surely we learned that Rav Chisda and Rav Hamnuna both said: Accounts for the sake of a mitzvah may be calculated on Shabbos. And Rabbi Elozar said: One may determine the amount of charity he will be giving to the poor on Shabbos. And Rabbi Yaakov said in the name of Rabbi Yochanan: One may go to the synagogues and study halls to attend to communal affairs on Shabbos. And Rabbi Yaakov bar Idi said in the name of Rabbi Yochanan: One may publicize matters of life and death on Shabbos. And Rav Shmuel bar Nachmeini said in the name of Rabbi Yonasan: One may go to amphitheatres and circuses to attend to communal affairs on Shabbos. And a Tanna in the Beis Medrash of Menashya taught: One is permitted to negotiate a match for a young girl for the sake of betrothal on Shabbos, and for someone to teach a young boy Torah or to teach him a trade. (Why can’t we calculate the cost of the wedding feast on Shabbos?)

Rather, Rabbi Zeira answers: It is prohibited to cohabit with his bride for the first time on Motzoei Shabbos because the Rabbis were concerned that he will slaughter a young bird on Shabbos to prepare for the wedding feast.

Abaye asked: If so, Yom Kippur that falls out on a Monday should be postponed until Tuesday because of the concern that he will slaughter a young bird on Shabbos to prepare for the feast that will be held on the day prior to Yom Kippur?

The Gemora answers: Regarding Yom Kippur, where the preparations are only for himself, we are not concerned that he will become preoccupied and forget that it is Shabbos, and slaughter a young bird; however, here, where the preparations are for all the people that will be attending the wedding feast, we are concerned that he will become preoccupied and forget that it is Shabbos, and slaughter a young bird.

Alternatively, you can answer that regarding Yom Kippur, where the feast is not eaten until the next day, there is ample time after Shabbos to prepare the meal, and we are not concerned that he will slaughter a young bird on Shabbos; however, here, where the wedding feast takes place immediately after Shabbos, we are concerned that he will slaughter a young bird on Shabbos.

The Gemora adds: Now that we have provided this answer, we can say that this could be the reason for not cohabiting with his bride for the first time on Friday night, because perhaps he will slaughter a young bird on Shabbos (since the wedding feast might extend into Shabbos). (4b – 5a)

Wednesday or Wednesday Night?

The Gemora inquires: Does the Mishna mean that a virgin is married on Wednesday and she cohabits with her husband on Wednesday, and we are not afraid that his anger will subside before Thursday morning (when Beis Din will be in session)? Or perhaps the Mishna means that a virgin is married on Wednesday and she cohabits with her husband only on Wednesday night, because we are afraid that his anger will subside before Thursday morning?

The Gemora attempts to resolve the inquiry: Come and hear from the braisa which Bar Kappara taught: A virgin is married on the Wednesday and she cohabits with her husband on Wednesday night because it was on the fifth day (of Creation) that the blessing for the fish was pronounced (Be fruitful and multiply, and fill the waters of the sea). A widow is married on Thursday and she cohabits with her husband on Thursday night because it was on the sixth day that the blessing for man was pronounced (Be fruitful and multiply, and fill the earth). It emerges that the only reason that the virgin cohabits on Wednesday night is on account of the blessing, but as to his anger subsiding, we are not afraid.

The Gemora asks: If so, the widow should cohabit on Wednesday night as well, since it was on the fifth day that the blessing for the fish was pronounced?

The Gemora answers: The blessing for man is a stronger reason.

Alternatively, you can answer that it was because the Rabbis were diligent in their concern for the welfare of Jewish women, like it was taught in the following braisa: Why did we say that a widow is married on Thursday and she cohabits with her husband on Thursday night? For if you would say that she should cohabit with her husband on Thursday, the next morning, the husband will rise and go to his work (leaving his bride home alone). Therefore the Sages watched over the welfare of the Jewish women that he should rejoice with her for three days, namely, Thursday, Friday and Shabbos.

The Gemora asks: What is the practical difference between the two reasons?

The Gemora answers: A difference between them will be in a case where the husband does not work, or in a case where there was a festival on Friday (in both cases, we are not concerned that the husband will go to work, but the reason to cohabit on Friday because of the blessing for man still applies). (5a)

Hand or Hands?

Bar Kappara expounded: The handiwork of the righteous is greater than the handiwork of God’s creation of the heaven and earth. For in regard to the creation of heaven and earth, it is written [Yeshaya 48:13]: Also, My hand has laid the foundation of the earth, and My right hand has spread out the heavens, while in regard to the handiwork of the righteous it is written [Shmos 15:17]: The foundation of your dwelling place which You, Hashem have, the Sanctuary, My Lord, which Your hands have established. (Hashem created the earth with one “hand,” while the righteous created the Temple with “two hands.”)

A Babylonian replied, and his name was Rabbi Chiya: It is written [Tehillim 95:5]: And the dry land, His hands formed!

The Gemora answers: It is written: His hand (in the singular form).

The Gemora asks: But it is written, they formed?

Rav Nachman bar Yitzchak said: His fingers formed it.

The Gemora raises a further objection: It is written [Tehillim 19:2]: The heavens declare the glory of God, and the firmament shows work of His hands?

The Gemora answers: This is the explanation of the verse: Who shows the handiwork of the righteous? The firmament. And how? Through the rain. (Rain descends because the righteous pray for it. The handiwork of the righteous is called the ‘work of His hands,’ because in the rain, the work of God and the work of the righteous meet. The rain is the work of God, but it comes as the result of the good deeds of the righteous, whose prayers God fulfills.) (5a)

Purpose of the Fingers

Bar Kappara expounded: What is the meaning of that which is written [Devarim 23:14]: You shall have a peg in addition to your weapons? Do not read it “your weapons,” but rather, “your ears.” This means to say that if a man hears something unworthy, he shall insert his finger (shaped like a peg) into his ears.

And this is the same as Rabbi Elozar said: Why do the fingers of man resemble pegs? The Gemora interrupts: What is the meaning of his question? Shall I say because each finger is divided from the other? Surely, each finger has been made for its own purpose! For the master said: The smallest finger is the zeres (the distance from the little finger to the thumb of a spread hand), and it is used for measuring the Kohen Gadol’s breastplate; the fourth finger is the kemitzah, and it is used for taking a scoop of the flour-offering; the middle finger is the amah, and it is used for defining the cubit measure (the cubit is a measure equal to the distance from the elbow to the tip of the middle finger); the index finger is the etzbah, and it is used to apply the blood of a chatas-offering on the Altar; and the thumb is the gudel, and blood from offerings are sometimes applied there. (Obviously, there is good reason for the fingers to be divided.) Rather, the question is why are the fingers pointed like pegs? The reason is that if a man hears something unworthy, he shall insert his finger (shaped like a peg) into his ears.

A braisa was taught in the Beis Medrash of Rabbi Yishmael: Why is the ear hard except for the ear lobe, which is soft? The reason is that if a man hears something unworthy, he shall bend the lobe into it.

The Gemora cites a braisa: One should not hear unworthy things, because the ears are the most easily burned from all the other organs. (5a – 5b)

Cohabitating the First Time
on Shabbos

The Gemora inquires: May one cohabit with his virgin wife for the first time on Shabbos (they were not aware of the braisa mentioned above, or they inquired if the halacha follows that opinion)? The Gemora explains the inquiry: Is the blood (which is produced when the hymen is broken) in the womb stored up (and cohabitation would he permitted, since the blood flows out of its own accord, and not because of any wound), or is it the result of a wound (caused by the tearing of the vaginal walls when they separate from each other), and therefore be prohibited?

And if you will say that the blood is stored up in the womb, we can ask: Is the husband’s main concern to release the blood (in order to ascertain if she is a virgin), and it is permitted: or is he concerned with creating an opening (for the future), and it is forbidden (making an opening on Shabbos is forbidden under the category of building)? And if you will say that the husband’s main concern to release the blood and the opening comes by itself (without his intention for it), we can ask: Is the halacha according to Rabbi Shimon who says: Something which is not intended is permitted (an act which is in itself forbidden but is the unintended though unavoidable result of an act which is permitted; thus one may, according to Rabbi Shimon, push a couch on the floor on Shabbos, if one is not intending to make a rut in the floor, although, as a matter of fact, such a rut is made as the unavoidable result of pushing the couch), or is the halacha according to Rabbi Yehudah who says: Something which is not intended is forbidden? And if you will say that the halacha follows Rabbi Yehudah, we may ask: Is he doing damage (to the woman) in regard to the opening (and one who acts in a destructive manner on Shabbos, is exempt), or does he improve (her) in regard to the opening?

The Gemora cites another version of the above Gemora: Others say: And if you will say that the blood the result of a wound, we can ask: Is the husband’s main concern to release the blood (in order to ascertain if she is a virgin), and it is prohibited, or is he concerned with his own pleasure, and it is permitted (according to Rabbi Shimon)? And if you will say that he concerned with his own pleasure and the blood comes by itself (without his intention for it), we can ask: Is the halacha like Rabbi Yehudah who says: Something which is not intended is forbidden, or is the halacha like Rabbi Shimon that it would be permitted? And if you say the halacha is like Rabbi Yehudah, we may ask: Is he doing damage (to the woman) in making the wound (and one who acts in a destructive manner on Shabbos, is exempt), or does he improve (her) in regards to the wound? And if you will say that he is doing damage in regards to the wound, we may ask: Is the halacha like Rabbi Yehudah (that one is exempt for doing damage while causing a wound), or is the halacha like Rabbi Shimon (that although generally, one is exempt for causing damage on Shabbos, making a wound is an exception, and he would be liable)? (5b – 6a)

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