Kesubos - Daf 36
- פתח פיך לאלם
The Gemara contrasts a Baraisa that taught: החרשת והשוטה והאיילונית יש להן קנס ויש להן טענת בתולים – a deaf-mute woman, a shotah, and an aylonis have a right to the קנס for being violated, and can have a taanas besulim claim brought against them, with another Baraisa that taught: החרשת והשוטה והבוגרת ומוכת עץ אין להן טענת בתולים – A deaf mute, a shotah, a bogeress and a mukas eitz cannot have a claim of taanas besulim brought against them. Rav Sheishess answered that it is not a kasheh. The Tanna of the Baraisa that says that a taanas besulim cannot be brought, is Rabban Gamliel. Rashi explains that just as Rabban Gamliel believes a woman who said that she was violated after receiving her kiddushin so that she does not lose her kesubah, so too here, in the case of the חרשת and the שוטה, she does not lose her kesubah, for we would say that if she had been mentally competent, she would claim that she was violated after kiddushin. The Baraisa that says that they can have a claim brought against them is Rebbe Yehoshua. When the Gemara asks if one actually heard that this was Rabban Gamliel’s position when the woman herself does not make the claim, it answers that it is based on the principle, "פתח פיך לאלם" – Open your mouth on behalf of the mute, which means one should speak up on behalf of those who cannot do so for themselves.
- סומא אין לה טענת בתולים
It was stated in a Baraisa: Sumchos says in the name of Rebbe Meir: סומא אין לה טענת בתולים – A blind woman cannot have brought against her a taanas besulim. When the Gemara seeks Sumchos’ reason, it answers, מפני שנחבטת על גבי קרקע – Because a blind girl is likely to fall and strike the ground, which would cause her to lose her dam besulim. Therefore, lacking besulim is likely from her injury and not from having premarital relations. When the Gemara counters that all girls can fall and strike the ground, it answers, כולהו רואות ומראות לאמן – All other girls, if they fall and see that they are bleeding, show their mothers, זו אינה רואה ואינה מראה לאמה – This blind girl does not see that she is bleeding and does not show her mother. Rashi explains that with regular girls, their mothers will tell them that they have lost their besulim, and if they do not inform their chossons, then they can have a taanas besulim brought against them.
- Opinions regarding a captive woman receiving a kenas and being permitted to eat terumah
In the next Mishnah, Rebbe Yehudah disagrees with the Tanna Kamma and says: שבויה שנפדית הרי היא בקדושתה אף על פי שגדולה – A captive woman who was ransomed is still in her state of purity, even if she is old, meaning, older than three, and she does not lose her right to receiving a קנס. Rebbe Yochanan said that Rebbe Yehudah said the same thing as Rebbe Dosa, for it was taught in a Baraisa that Rebbe Dosa holds שבויה אוכלת בתרומה – A former captive woman, who is a bas Kohen, is permitted to eat terumah. Rashi explains that we do not presume that she was violated by her captives which would render her a zonah and prohibit her from eating terumah. Rebbe Dosa explains that the captives mere improper touching of the captive does not make her passul from eating terumah. Rabbah said that perhaps they do not agree. Perhaps Rebbe Yehudah holds that she is still eligible to receive the kenas, שלא יהא חוטא נשכר – only so that the sinner, the one who violated her, should not benefit. But with regard to eating terumah, he holds like the Rabbanon that she is disqualified. And perhaps Rebbe Dosa is lenient since terumah nowadays is a d’Rabbanon, but regarding the kenas, which is a d’Oraysa, he would agree with the Rabbanon that she is not entitled to receive it.
