Kesubos - Daf 29
- The Mishnah is Rebbe Meir who holds a ketanah does not receive a קנס if violated or seduced
The opening Mishnah of the third perek states: אלו נערות שיש להן קנס – These are the ne’aros who are entitled to receive the fine when they are violated, and the Mishna proceeds to list three groups. The Gemara says that the Mishnah’s use of the word “naarah,” implies that only she is entitled to the fine but a ketanah is not and seeks to identify the Tanna. Rav Yehudah said in the name of Rav that it is Rebbe Meir, for it was taught in a Baraisa: A ketanah from the time she is one day old until she grows two se’aros (pubic hairs) יש לה מכר ואין לה קנס – she is subject to sale by her father but is not entitled to the קנס if she is violated or seduced. And from the time she grows two se’aros until she becomes a bogeres יש לה קנס ואין לה מכר – she is entitled to the קנס but is not subject to sale, divrei Rebbe Meir. But the Chochomim disagree and say that a ketanah from the age of three years and a day until she reaches adulthood, is also entitled to a קנס.
- Two different sources that women who are not fit to be his wife are entitled to a קנס
Among the women the Mishnah listed that receive the קנס are a mamzeres, a nesinah, a Kusis, as well as those prohibited to him as an issur kares, such as his sister, his father’s sister, his mother’s sister or his wife’s sister. The Gemara asks why these women are eligible for a קנס, when the passuk says in the parshah "ולו תהיה לאשה" – And she shall be to him a wife, which implies, אשה הראויה לו - she must be a woman that is fit for him to marry, which these women are not? Reish Lakish answered that the Torah states three times, "נערה", "נערה", "הנערה". One expression is to teach the basic law of one who violates a naarah. One is expounded to include חייבי לאוין – those prohibited by a lav, and one is expounded to included חייבי כריתות - those prohibited with an issur kares. Rav Pappa says a similar answer, but he uses the three expressions of "בתולה", "בתולות", "הבתולות" – mentioned in the parshah of the mefateh, - the seducer. The Gemara explains why Reish Lakish and Rav Pappa did not hold of each other’s sources.
- Two opinions that women who are not fit to be a wife are not entitled to a קנס
Given that the Mishnah states that women who are unfit for marriage receive a קנס, the Gemara states that the Mishnah serves to exclude the opinion of the Tanna of the following Baraisa, which taught: "ולו תהיה לאשה" – And she shall be to him a wife. Shimon HaTimni says: This teaches that the קנס only applies to an אשה שיש בה הויה – a woman who has the possibility of “being” his wife, which Rashi explains is a woman where kiddushin is tofeis - takes effect. Rebbe Shimon ben Menasya says: It applies to an אשה הראויה לקיימה – a woman who is fit to remain his wife. Rebbe Zeira said that the nafka minah between them is a mamzeres and a nesinah. According to Shimon HaTimni, they would be entitled to a קנס, because kiddushin does take effect with them. According to Rebbe Shimon ben Menasya they would not be eligible to the קנס since they are not fitting for him to keep them as his wives. The Gemara proceeds to explain what the nafka minah is according to Rebbe Akiva, who holds that kiddushin is not tofeis with חייבי לאוין and according to the understanding of Rebbe Yesheivav.
