Kesubos - Daf 10

• כתובת אשה מן התורה

It was taught in a Baraisa: Rabban Shimon ben Gamliel said כתובת אשה מן התורה – The kesubah of a woman comes from the Torah. The Gemara questions whether he holds this, for it was taught in another Baraisa: When the passuk states regarding one who seduces a naarah, "כסף ישקל כמהר הבתולת" – He shall pay her silver shekalim in the amount of the settlement that is made to the besulos, it teaches, שיהא זה כמוהר הבתולות ומוהר הבתולות כזה – that the fine paid by the seducer should be like the settlement made to the besulah in the case of one who violates a naarah, and that the settlement to the besulos stated in the case of the violater, should be like the fine by the seducer, מכאן סמכו חכמים לכתובת אשה מן התורה – from here the Chochomim found support for saying the kesubah of a woman is from the Torah. Rashi explains that it is learned from calling the fine a מוהר, which is associated to gifts and financial arrangements made at the time of marriage. Rabban Shimon Gamliel says that the kesubah is m’divrei soferim. The Gemara suggests reversing the opinions, so that Rabban Shimon ben Gamliel holds the first view. Alternatively, it answers that the whole Baraisa was Rabban Shimon ben Gamliel. It was חסורי מיחסרא - missing words, and he was saying the kesubah for an almanah is d’Rabbanon.

• The wine barrel test to determine if one is a besulah

The Gemara brings several incidents where claims were brought when the chosson did not find blood. There was a chosson who came before Rabban Gamliel bar Rebbe and said: רבי בעלתי ולא מצאתי דם – My Rebbe! I had relations but did not find blood, but the kallah said: עדיין בתולה אני – I am still a besulah. He had them bring two shifchahs, one a besulah and the other one not, and seated them on the opening of a wine barrel. The breath of the non-besulah was fragrant, and the breath of the besulah was not. Rashi explains that the fragrance of the wine had come through the opening of the non-besulah. He then seated the kallah on the wine barrel and her breath was not fragrant, proving she was a besulah. Rabban Gamliel said to the chosson, "לך זכה במקחך" -Go and collect your acquisition. The Gemara asks why Rabban Gamliel did not test the kallah in the first place and answered that he had heard about such a test but never tried it himself. He was not sure he was expert enough to perform the test, ולאו אורח ארעא לזלזולי בבנות ישראל – and it is not proper to be mezalzel, (demean) bnos Yisroel by testing it on them.

• The meaning of the word אלמנה

The next Mishnah states: בתולה כתובתה מאתים ואלמנה מנה – The kesubah of a besulah is two hundred zuz and that of an almanah is one hundred zuz. A besulah who is an almanah, gerushah or chalutzah from erusin, her kesubah when she remarries is two hundred zuz, ויש להן טענת בתולים – and a claim of besulim can be made against them. The Gemara asks what is the origin of the word אלמנה and Rav Chana of Baghdad said: אלמנה על שם מנה – She is called an almanah because she receives a maneh. When the Gemara asks how this applies to an almanah from erusin who gets two hundred zuz, it answers that since a widow from nisuin is called an almanah, so too one from erusin is called an almanah. When the Gemara then asks how the Torah could use the word almanah when the kesubah did not exist then, it answers דעתידין רבנן דמתקני לה מנה – because the Rabbanon in the future were destined to institute a maneh for her. We see the Torah writes something based on the future, such as referring to the third river from Gan Eden that flows east of Ashur, even though Ashur did not exist at that point.