Kesubos 36b
כתובות ל״ו ע״ב
Ketubot 36b
Learn Kesubos 36b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Virginity claims, a bad reputation and רב פפא's tainted document, and the משנה of girls who get no קנס, including רבי יהודה's view on a redeemed captive
Overview
The amud opens by finishing an answer about a בוגרת: a 'no blood' claim works against her, but an 'open entrance' claim does not. Next, סומכוס rules that a blind girl has no virginity claim against her. She may have been hurt in a fall without seeing it and telling her mother. רב ששת explains that a girl with a bad reputation from her youth gets no קנס. From this, רב פפא learns that a tainted document cannot collect a debt. The tainted document is one whose owner was caught by two witnesses trying to get it forged. A new משנה then lists girls who get no קנס: a convert, a captive or a maidservant freed after age three, and close relatives whose relations carry a court death penalty. The גמרא discusses רבי יהודה's view that a redeemed captive keeps her status, with רבה and אביי debating whether רבי דוסא truly agrees with him. Two answers, from רב פפא and רב הונא בריה דרב יהושע, explain an apparent contradiction in רבי יהודה's rulings about marrying a captive. A new contradiction from רב פפא בר שמואל begins at the very end and continues on the next amud.
Opening lines
אִי דְּקָא טָעֵין טַעֲנַת דָּמִים —
If he makes a claim about blood (that there was none),
הָכִי נָמֵי.
indeed, so it is (he has a valid claim).
הָכָא בְּמַאי עָסְקִינַן —
Here, with what are we dealing?
דְּקָטָעֵין טַעֲנַת פֶּתַח פָּתוּחַ.
With one who claims he found an 'open entrance.'
The steps (32)
- ResolutionA blood claim works, but an open-entrance claim does not
- Statementסומכוס: a blind girl has no virginity claim
- QuestionWhat is סומכוס's reason?
- Responseרבי זירא: she may have fallen and been injured
- ChallengeBut all girls fall down
- ResolutionOther girls see it and tell their mothers
- StatementA girl who leaves due to a bad reputation gets no fine
- ChallengeShe deserves stoning, so of course there is no fine
- Resolutionרב ששת: a girl with a bad reputation from her youth
- Statementרב פפא: a tainted document cannot collect
- QuestionWhat kind of tainted document?
- ChallengeNot a rumor of forgery, since רבא ignores town rumors
- ResponseThe tainted document: two witnesses say he asked them to forge
- ChallengeThe two cases are not really alike
- ResolutionHe may have forged it himself
- StatementNew משנה: freed convert, captive or maidservant get no fine
- Statementרבי יהודה: a redeemed captive keeps her status
- StatementClose relatives: death penalty means no fine
- Statementרבי יוחנן: רבי יהודה and רבי דוסא hold the same view
- Proofרבי דוסא: a redeemed captive may eat תרומה
- Rejectionרבה: רבי יהודה may only be lenient so a sinner won't profit
- RejectionSecond way: רבי דוסא may only be lenient about rabbinic תרומה
- Challengeאביי: רבי יהודה is also lenient where no sinner is involved
- ResolutionAnswer: there too, there is a special reason, so men won't avoid marrying her
- ChallengeDoes רבי יהודה really hold a captive keeps her purity?
- ChallengeThe ברייתא seems to contradict itself
- ResolutionAnswer: redeeming plus testifying is allowed; testifying alone is not
- ChallengeBack to the question on רבי יהודה
- Resolutionרב פפא changes the wording of רבי יהודה's view
- Resolutionרב הונא: רבי יהודה was arguing with the רבנן on their own terms
- ResolutionHow the רבנן defend telling the two cases apart
- ChallengeA new contradiction is introduced