Daf Yomi - Kesuvos 45 - Highlights

Three Types of Na’aros

Shilo taught that there are three types of deaths of a betrothed girl who was unfaithful. If witnesses appeared when she was already married that she had been unfaithful during the period of her betrothal (45a), she is stoned at the doorway of her father’s house. This is as if to state: “see the (bad) growth that you have grown!” If witnesses appeared when she was betrothed that she had been unfaithful during the betrothal, she is stoned at the doorway of the city gates. If she had been unfaithful while betrothed but then became a bogeres (older than twelve and a half), she is killed with strangulation. (44b – 45a)

Does Physical Change Affect the Type of Punishment?

The Gemora asks: This last statement implies that whenever her body changes her punishment changes as well. However, the Braisa states that if a betrothed na’arah is (possibly) unfaithful and then her husband states that she has a bad name when she is a bogeres (as he only married her then), he does not receive lashes or pay one hundred sela (assuming the accusation is false). If the accusation is true, her and her false witnesses proceed to receive stoning. How can we think that she would receive stoning together with false witnesses? It must mean that either she, or false witnesses that became zomimim (witnesses who other witnesses proclaim could not possibly have seen the event, as they were together in a different location, see Makos 2a) receive stoning. [The Gemara’s question is therefore that in the Braisa she receives stoning, despite the fact that she became a bogeres and should, according to Shilo, seemingly deserve strangulation.]

Rava answered: you are asking from a case of a husband giving a bad name to a wife? A case of a husband accusing a wife of infidelity is novel Torah law. This is obvious from the following comparison. If a woman marries without having been unfaithful but then would be unfaithful after marriage, she would receive strangulation. This is in contrast to typical cases of such accusations from a new husband, where his new wife always receives stoning (if the accusations were true, as she must have been unfaithful while betrothed). [Accordingly, accusations regarding a new wife are always punished by stoning, as opposed to a regular case of being unfaithful which can be dependent on whether or not the girl is a bogeres, as stated by Shilo.]

Rav Huna the son of Rav Yehoshua said to Rava: perhaps this novel Torah law is only where her body did not change in the interim, but if it did the Torah would not say a novel law (that she should receive stoning)!

Rav Nachman bar Yitzchak therefore advanced a different answer, that whether or not changing from a na’arah to a bogeres changes punishment is an argument among the Tanaim. The Mishna states that if a prince/king or an anointed kohen gadol sin before they attain this status and then they are appointed, they have the status of a regular person (who brings a regular sin offering to atone for his sin). Rabbi Shimon states if they knew that they had sinned before they were appointed they are indeed obligated like a regular person. However, if they did not know until they were appointed, they are exempt from bringing a regular sin offering. [This seems to imply that because they have changed their korban changes as well.]

The Gemora asks, it is possible that Rabbi Shimon says that knowing about the sin also makes a difference. However, we do not know that he would say that the time of the sin is inconsequential (as Shilo does by saying that she is judged as a bogeres)! If this opinion follows that of Shilo, let them bring korbanos fitting to their current status. The kohen gadol should bring an ox normally brought as the korban for his sin, and the prince/king should bring a goat that is the appropriate animal for his sin!

The Gemora answers that Rabbi Yochanan indeed told the Tana who was teaching the Braisa in the name of Shilo that he should teach that the bogeres receives stoning (not strangulation).

The Gemora asks: Why should this be? Didn’t the torah say that only a betrothed “na’arah” receives stoning, not a bogeres?

Rabbi Ila answers that when the Torah states “the na’arah” it teaches us that it could even be a girl who was a na’arah when she sinned.

Rabbi Chananya said to Rabbi Ila: if this is the case, then let the husband who makes a false accusation about his new wife (who just became a bogeres) receive lashes and pay one hundred sela as well! Rabbi Ila replied: “Heaven save us from such an (incorrect) opinion.” Rabbi Chanina replied: “One the contrary: Heaven should save us from your opinion.!”

What was his reasoning? Rav Yitzchak bar Avin said, and some said Rav Yitzchak bar Abba said that the girls actions caused her to be punished, while the movement of his lips (accusing her of being unfaithful) causes him to be punished. The girl’s actions caused her to be punished. When did that happen? It happened when she was a na’arah. The movement of his lips caused him to be punished. When did he become obligated? At the time he moved his lips, which is when she was a bogeres. (45a – 45b)

Where is she Stoned?

The Braisa taught that a betrothed na’arah who is unfaithful is stoned on the doorway of her father’s house. If no such doorway exists, she is stoned at the opening of the city gates. In a city where there are mostly idolaters, she is stoned at the gates of Beis Din.

How do we know this law? The Braisa states “your gates” refers to the gate where the person committed idol worship. You might say it is the gate where he worshipped, or perhaps it is referring to the gate where he was judged? It says “your gates” below and says it above: just as the passuk below is referring to the gate where the worship happened, also the passuk above is talking about where the worship happened. Another teaching derived from this passuk is that “your gates” excludes the gates of gentiles.

The Gemora asks: Didn’t we already used “your gates” for a teaching above! The Gemora answers, for that teaching it would be sufficient to merely say “gates” Why does it say “your gates?” This shows that we can learn both lessons from this word.

The Gemora observes that the Braisa above only teaches us a lesson regarding idol worship. How do we know this law regarding a betrothed na’arah?

Rabbi Avahu answers that we derive this through the common word of “opening,” the “opening” and “gate” (stated by a betrothed na’arah and the mishkan), and “gate” from the passuk above “your gates” (regarding idol worship, see Rashi).

The Braisa states that a new husband who gives his wife a bad name receives lashes and must pay one hundred sela. Rabbi Yehuda says that he always receives lashes. However, if he had relations with her already he must pay, but if he did not he does not have to pay the one hundred sela. They essentially argue in the same argument of Rabbi Eliezer ben Yakov and the Rabbanan. The Braisa means to say that a new husband who gives his wife a bad name receives lashes and must pay one hundred sela whether or not he had relations with her as per the opinion of the Rabbanan. Rabbi Yehuda says that he always receives lashes. However, if he had relations with her already he must pay, but if he did not he does not have to pay the one hundred sela, as per the opinion of Rabbi Eliezer ben Yaakov.

Some say that the entire Braisa is in fact according to the opinion of Rabbi Eliezer ben Yaakov. The Braisa is stating that a new husband who gives his wife a bad name receives lashes and must pay one hundred sela on condition that he had relations with her. Rabbi Yehuda states that he receives lashes in any event (even if he did not have relations with her). (45b)

[END]