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Kesubos 37a

כתובות ל״ז ע״א

Ketubot 37a

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Topic

Whether רבי יהודה holds a captive woman keeps her sanctity, the three-month wait argued by רבי יהודה and רבי יוסי, and why two פסוקים teach that one act brings only one punishment.

Overview

Earlier on the daf, רבי יהודה ruled that a captive woman stays in her sanctity, meaning we do not assume she was violated. The גמרא challenges this from a ברייתא where he makes a גיורת wait three months before marrying. רב יוסף answers that a convert does not guard herself, but a captive does. Then a ברייתא is brought where רבי יהודה makes a שבויה herself wait, and רב יוסף has no answer. רב ששת's answer is reported: that ברייתא is about a captive seen being violated. רבה first explains that רבי יוסי lets her marry right away because she used a מוך. That fails for a maidservant freed suddenly through שן ועין and for a raped or seduced woman. So רבה says instead that such a woman turns over afterward, while רבי יהודה worries she did not do it properly. The גמרא then turns to the משנה's פסוק 'ולא יהיה אסון' and explains why both it and 'כדי רשעתו' are needed. It begins asking how this works for רבי מאיר, and the answer continues on the next amud.

Opening lines

וְסָבַר רַבִּי יְהוּדָה בִּקְדוּשְׁתַּהּ קָיְימָא?

And does Rabbi Yehuda really hold that she remains in her sanctity?

וְהָתַנְיָא:

But isn't it taught in a baraita:

הַגִּיּוֹרֶת שֶׁנִּתְגַּיְּירָה וְרָאֲתָה דָּם,

A convert who converted and saw blood,

רַבִּי יְהוּדָה אוֹמֵר: דַּיָּהּ שְׁעָתָהּ.

Rabbi Yehuda says: her time is enough for her.

The steps (18)

  1. ChallengeChallenge from the convert who must wait three months
  2. ResolutionA convert does not guard herself, a captive does
  3. ChallengeChallenge from a captive who must wait three months
  4. QuestionHave you heard an answer to this?
  5. ResponseThe case is a captive who was seen being violated
  6. ChallengeThen why does רבי יוסי allow her to marry right away?
  7. Resolutionרבי יוסי assumes she used a contraceptive
  8. ChallengeThe contraceptive answer fails for a maidservant freed through tooth or eye
  9. RejectionBlocking a possible defense with the case of a raped or seduced woman
  10. Resolutionרבה's new reason: the woman turns over to avoid pregnancy
  11. QuestionWhat does רבי יהודה say to this?
  12. Responseרבי יהודה worries she did not turn over properly
  13. StatementQuoting the משנה's verse: 'and yet no harm follow'
  14. ChallengeIsn't this already learned from 'according to his wickedness'?
  15. ResolutionEach verse teaches a different pair of punishments
  16. ResolutionWhy both cases had to be written
  17. ChallengeAccording to רבי מאיר, why are two verses needed?
  18. ResolutionFor רבי מאיר, one verse is still about death and money