Kesubos 42a

כתובות מ״ב ע״א

Ketubot 42a

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Topic

Who receives a seduced girl's payments, and whether a court ruling turns a קנס into ordinary money for the קרבן שבועה.

Overview

This amud finishes the משנה: a girl's earnings and found items go to her brothers if the father dies, even if nothing was collected. The גמרא asks why the משנה lists the seducer's payments at all, since an earlier משנה already taught them. It answers that the point is that they go to the father. It then pushes back that this is obvious too. The final answer is that the משנה is needed for עמדה בדין, a case tied to a dispute between רבי שמעון and the רבנן. The גמרא brings that dispute from מסכת שבועות. רבי שמעון exempts a man who falsely swore he did not seduce or violate, because a קנס is not paid on one's own admission. אביי asks רבה whether a court ruling turns the קנס into ordinary money, and רבה says it does. אביי then challenges him with a ברייתא of רבי שמעון that excludes fines from the קרבן שבועה, and the discussion continues on the next amud.

Opening lines

The steps (13)

1. StatementThe last line of the משנה: her earnings and finds go to the brothers
2. ChallengeWhy repeat the seducer's payments? We already learned them
3. ResolutionThe new point: the money goes to her father
4. ChallengeThat the money goes to the father is also obvious
5. ResolutionThe real point: the case where she already went to court
6. StatementA משנה from שבועות: a man falsely swore he did not seduce or violate
7. Statementרבי שמעון exempts the swearer, and the רבנן respond
8. Questionאביי asks about a man who was already judged in court
9. QuestionThe two sides of אביי's question
10. Responseרבה answers: once judged, it is money
11. Challengeאביי begins a challenge from a ברייתא of רבי שמעון
12. ProofThe ברייתא brings the פסוק about false oaths
13. ChallengeOnly money claims count, so fines are excluded