Kesubos - Daf 45
- שלש מדות בנערה
Shila taught a Baraisa that begins at the bottom of Daf 44b: שלש מדות בנערה - There are three types of execution with regard to a naarah who committed adultery as an arusah; באו לה עדים בבית חמיה שזינתה בבית אביה – If witnesses came after she was already in her father-in-law’s house, meaning after her nisuin, and testified that she committed adultery while she was still in her father’s house as an arusah, סוקלין אותה על פתח בית אביה – we stone her at the entrance of her father’s house, as if to say: ראו גידולים שגידלתם – “Look at the offspring that you have raised.” If witnesses came while she was still in her father’s house and testified that she committed adultery while still in her father’s house, סוקלין אותה על פתח שער העיר – we stone her at the entrance of the city gate. סרחה ולבסוף בגרה תידון בחנק – If she sinned as a naarah and then became a bogeress, she is punished with strangulation. Rashi explains that she is punished with the same punishment that a bogeress who commits adultery receives, for the passuk says that skilah is dictated for a naarah, and since she went through a status change between the time she sinned and the time she stood trial, she is judged according to her status at the time of conviction. The Gemara will successfully challenge this last ruling and come to emend the Baraisa that in fact she will get skilah.
- The difference between a naarah who becomes a bogeress and the one who defames her
The Gemara asks why should one who is a naarah when she sins but is a bogeress when she is judged, be punished with skilah, when the passuk says, נערה המאורסה – a betrothed naarah is stoned, and this woman is now a bogeress? Rebbe Il’a answered that the passuk says: They shall take הנערה - the naarah out…and stone her. The superfluous “the naarah” implies: הנערה שהיתה כבר – She who was previously a naarah when she sinned. When Rebbe Chananya said to Rebbe Il’a, that if this is so, then one who defames such a woman, should also receive malkus and pay one hundred selaim, Rebbe Il’a responded incredulously, and the Gemara explains the difference. זו מעשיה גרמו לה – This one, (the woman), her adulterous actions caused her punishment, and when she committed adultery, she was a naarah. וזה עקימת שפתיו גרמו לו – While this one, (the defamer), the curving of his lips, referring to his defamation, caused him to be chayav a punishment, and at the time he spoke, she was already a bogeress. Therefore, he cannot be given the punishment for one who defames a naarah.
- Where the stoning takes place for a נערה המאורסה and one who worships avodah zarah
It was taught in a Baraisa: נערה המאורסה שזינתה סוקלין אותה על פתח בית אביה – A betrothed naarah that commits adultery, we stone her at the entrance of her father’s house. If her father has no house, סוקלין אותה על פתח שער העיר ההיא – we stone her at the entrance of that city’s gate, where she committed the adultery. ובעיר שרובה עובדי כוכבים סוקלין אותה על פתח בית דין – And in a city whose majority are idolaters, we stone her at the entrance of Beis Din. Similarly, העובד עבודת כוכבים סוקלין אותו על שער שעבד בו – One who worships idols, we stone at the gate of the city in which he worshiped. And in a city that is a majority of idol worshipers, we stone him at the entrance of Beis Din. The Gemara brings the sources for these rulings.
