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Kesubos 43a

כתובות מ״ג ע״א

Ketubot 43a

Learn Kesubos 43a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The root of the קנס dispute, and whether brothers who support their sister get her earnings

Overview

The amud opens by finishing a מחלוקת about a man who falsely denies under oath that he violated a girl. רבי שמעון says the father's claim is really for the קנס, which a man is exempt from if he admits it. רבנן say the father is really claiming בושת ופגם. רב פפא explains that each side has a different idea of what a plaintiff would naturally go after. Then רבי אבינא asks רב ששת whether brothers who support their orphaned sister from the estate get her earnings. רב ששת says they do and proves it from the widow, whose earnings go to the heirs. The גמרא rejects that proof, because a man wants extra comfort for his daughter more than for his widow. רב יוסף then challenges רב ששת from a משנה, and after some back and forth רבא reads the משנה as 'her earnings are like her found items,' so after the father dies they belong to her. רב rules the same way, and רב כהנא learns it from a פסוק. רבה challenges that source, and the discussion of injury payments continues on the next amud.

Opening lines

וּמוֹדֶה בִּקְנָס פָּטוּר.

And one who admits to a fine is exempt.

וְרַבָּנַן סָבְרִי,

And the Rabbis hold:

כִּי קָא תָבַע —

when he sues,

בּוֹשֶׁת וּפְגָם קָא תָבַע.

it is humiliation and degradation that he is suing for.

The steps (22)

  1. StatementWhat the father is really suing for
  2. QuestionWhat is the root of the disagreement?
  3. Responseרב פפא: two ways to guess what a person really wants
  4. QuestionWho gets the earnings of a daughter supported by her brothers?
  5. QuestionFirst side: the brothers take the father's place
  6. QuestionSecond side: the brothers are not like the father
  7. Proofרב ששת brings a proof from the widow
  8. RejectionA widow and a daughter are not the same
  9. ChallengeBut a widow comes before a daughter
  10. ResolutionShame versus comfort
  11. Challengeרב יוסף objects from a משנה about the daughter's earnings
  12. ResolutionThe משנה speaks of a daughter who is not fed
  13. ChallengeIf she is not fed, the משנה would be stating the obvious
  14. ResolutionThe משנה is needed for the extra earnings
  15. Rejectionרבא: רב יוסף surely knew about the surplus
  16. Challengeרבא's new explanation: the משנה's wording is strange
  17. ProofHer earnings are compared to her found items
  18. Proofרב rules the same way: her earnings are her own
  19. Proofרב כהנא's source from a verse
  20. Challengeרבה: the verse may refer only to seduction, fines, and injuries
  21. ChallengeInjuries are her own bodily pain
  22. Resolutionרבי יוסי בר חנינא begins the answer