Kesubos - Daf 6
- Rav holds like Rebbe Yehudah that דבר שאין מתכוין אסור yet permits the first biah on Shabbos
The Gemara on Daf 5b asked: מהו לבעול בתחלה בשבת – What is the halachah regarding having relations for the first time on Shabbos with a besulah, and on this Daf answers that in the Beis Midrash of Rav they said that Rav permits it and Shmuel forbids it, and in Nehardea, where Shmuel lived, they said Rav forbids it and Shmuel permits it. The Gemara concludes that according to the view that Rav permits it, Rav holds like Rebbe Yehudah that דבר שאין מתכוין אסור – an unintended act is assur, yet he permitted having relations with a besulah on Shabbos for one of the following reasons: According to the first version of the Gemara’s inquiry that said דם מיפקד פקיד – the blood is stored in her body, so that the only possible prohibition is creating a פתח – an opening, Rav permitted it because מקלקל הוא אצל הפתח – he is acting destructively regarding the opening. Rashi explained earlier, it destroys her status as a besulah. According to the other version that said דם חבורי מיחבר – the blood is the result of a wound, we can say Rav permitted it because מקלקל בחבורה הוא – he is acting destructively regarding the wound, and Rav holds like Rebbe Yehudah that an unintended act is mutar when it is destructive.
- פירצה דחוקה מותר ליכנס בה בשבת
Rav Chisda challenges Shmuel’s opinion that was stated in the Beis Midrash of Rav, that having relations for the first time on Shabbos is forbidden, from a Mishnah in Niddah which stated that regarding a tinokes: הגיע זמנה לראות ונשאת – If her time to reach the age of menstruation has arrived but she has not yet had her period, and she gets married, בית שמאי אומרים נותנין לה לילה ראשון ובית הלל אומרים עד מוצאי שבת ארבעה לילות - Beis Shammai say we give her the first night, which Rashi explains means that he can have relations several times that night, and Beis Hillel say we give her until motzai Shabbos, for a total of four nights. This seems to imply that if he did not yet successfully have relations with her, he may have relations with her on Shabbos!? Rava’s second answer is that the Mishnah is referring to כשבעל - when he already had relations on the first night, and the Gemara explains that the Mishnah is coming to teach that once the hymen is already ruptured, it is mutar to have relations on Shabbos, even though some bleeding might result, as Shmuel said: פירצה דחוקה מותר ליכנס בה בשבת – It is permitted to enter a tight opening on Shabbos even though it causes pebbles to fall. Shmuel follows Rebbe Shimon’s opinion that דבר שאין מתכוין מותר – an unintentional act is mutar.
- חתן פטור מקרית שמע לילה הראשון עד מוצאי שבת
Rav Yosef challenged Shmuel’s opinion that it is forbidden to have relations for the first time on Shabbos, from a Mishnah in Berachos that stated: חתן פטור מקרית שמע לילה הראשון עד מוצאי שבת - A chosson who is marrying a besulah, is patur from krias Shema from the first night of marriage until motzai Shabbos, אם לא עשה מעשה – if he did not do the act of relations. This implies that this exemption applies even on Friday night, based on the fact he is preoccupied because he wants to have relations with her and is not sure whether he will be successful in rupturing her hymen. We see from here that one may have relations for the first time with a besulah on Shabbos! When Abaye answers that he is not permitted to have relations, and the reason for the exemption is that he is preoccupied with his previous failure to have completed the act on previous nights, Rava responded: ומשום טירדא פטור – and because he is merely preoccupied, he is patur? If this is so, טבעה ספינתו בים הכי נמי פטור – if someone’s ship sank at sea, would he also be patur from Shema since he is preoccupied with his loss? This is not so, for it was taught that an avel who is preoccupied with his loss is chayav in all mitzvos, except for tefillin, since they are referred to as פאר – glory. Rava defends Shmuel’s opinion by saying that it is a machlokes Tannaim whether one may have relations with a besulah on Shabbos.
