Kesubos 42b

כתובות מ״ב ע״ב

Ketubot 42b

Learn Kesubos 42b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Does a קנס become ordinary money after trial? רבה and אביי debate the קרבן שבועה, inheritance, and the fine of אונס and מפתה, and רב יוסף answers from ״וְנָתַן״.

Overview

רבה holds that once a man has stood trial for a קנס, the payment counts as regular money. אביי challenges him from a ברייתא about a false oath on money owed. The רישא of that ברייתא includes כפל, which exists only after trial, so the סיפא, where רבי שמעון exempts, must also be after trial. רבה answers that the רישא follows the רבנן and the סיפא follows רבי שמעון. He agrees that ״וְכִחֵשׁ״ exempts from a קרבן שבועה, and says that calling the fine ממון only means the father's sons can inherit it. אביי objects that רבי שמעון gives uncollected payments to the daughter, not to the brothers. After twenty-two years רב יוסף answered from ״וְנָתַן״: the father owns the fine of the girl only once it is given, so רבה's inheritance rule covers other fines. The גמרא tests this reading against the slave verse (״יִתֵּן״) and against the ברייתא's use of ״וְכִחֵשׁ״. The גמרא answers that ״יִתֵּן״ differs from ״וְנָתַן״. רבא answers the ״וְכִחֵשׁ״ challenge, and רב נחמן בר יצחק answers a follow-up challenge about the word קנס. A final challenge from רבי שמעון's words in the משנה is answered: he was arguing with the רבנן on their own terms, and his statement continues on the next amud.

Opening lines

The steps (22)

1. ChallengeIsn't the case one where he already stood trial?
2. ResolutionNo, he had not yet stood trial
3. ChallengeThe first part is after trial, so the later part must be too
4. ProofQuoting the first part of the ברייתא
5. ProofDouble payment only exists after trial
6. Resolutionרבה: I could split the ברייתא
7. Rejectionרבה rejects his own forced answer
8. ResolutionBoth halves are after trial, but by different תנאים
9. Statementרבה agrees there is no קרבן שבועה here
10. ResolutionWhat רבה meant by 'it is money'
11. Proofאביי quotes רבי שמעון in the משנה
12. ChallengeIf it is inherited, why does the daughter get it?
13. Resolutionרב יוסף's twenty-two-year answer: the father owns it only when it is given
14. Resolutionרבה's rule was about other fines
15. ChallengeWhat about the payment for a slave killed by an ox?
16. Resolution״יִתֵּן״ and ״וְנָתַן״ are different words
17. ChallengeThen why did the ברייתא learn it from ״וְכִחֵשׁ״?
18. Resolutionרבא: ״וְכִחֵשׁ״ is needed when the father inherits from his daughter
19. ChallengeIn that case the payment is plain money, so why call it a fine?
20. ResolutionThey are excluded because they started out as a fine
21. ChallengeChallenge from רבי שמעון in the משנה in שבועות
22. Resolutionרבי שמעון was arguing with the רבנן on their own terms