Kesubos 44b
כתובות מ״ד ע״ב
Ketubot 44b
Learn Kesubos 44b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Kesubos 44b in Gemara Clarity
Topic
The girl conceived before her mother's גירות but born after it; whether a מוציא שם רע pays when the girl is an orphan or a קטנה; and the start of שילא's three cases of an accused נערה.
Overview
The משנה taught that a girl whose mother converted while pregnant with her is stoned if she commits adultery as a נערה המאורסה. It also taught that a husband who falsely accuses her (מוציא שם רע) is not flogged and does not pay the one hundred סלע. ריש לקיש finds the source in the extra word ״וָמֵתָה״. The גמרא shows that this word includes her only for the death penalty, and that ״בְּיִשְׂרָאֵל״ keeps out a girl both conceived and born before conversion. Then רבי יוסי בר חנינא rules that one who falsely accuses an orphan girl is exempt, because the money goes 'to the father of the girl.' A challenge from רבי יוסי הגלילי's teaching about a seduced orphan is answered: there she became an orphan only after the act. רבא disagrees with רבי יוסי בר חנינא and proves from the exclusion of converts that the accuser of an orphan must pay. ריש לקיש rules that the accuser of a קטנה is exempt, but רב אחא בר אבא's objection turns the spelling lesson around: the short spelling נער elsewhere includes even a קטנה. Finally שילא begins a ברייתא listing three cases of an accused נערה, and it continues on the next amud.
Opening lines
גְּמָ׳ מְנָא הָנֵי מִילֵּי?
Gemara: From where are these matters derived?
אָמַר רֵישׁ לָקִישׁ,
Reish Lakish said:
דְּאָמַר קְרָא ״וָמֵתָה״,
As the verse states: "that she die,"
לְרַבּוֹת הוֹרָתָהּ שֶׁלֹּא בִּקְדוּשָּׁה
to include one whose conception was not in sanctity
The steps (17)
- QuestionWhere do we learn the משנה's rule?
- Responseריש לקיש: the word 'that she die' includes her
- ChallengeThen the husband should also get lashes and pay
- ResolutionIncluded only for death, not for the fine
- ChallengeMaybe the word includes a girl conceived and born after conversion
- ResolutionThat girl is already fully Jewish
- ChallengeMaybe the word includes a girl conceived and born before conversion
- ResolutionThe word 'in Israel' excludes her
- StatementOne who falsely accuses an orphan girl is exempt
- ChallengeA challenge from the seduced orphan in רבי יוסי הגלילי's teaching
- ResolutionThe same רבי answers: she was orphaned after the act
- Statementרבא rules that the false accuser of an orphan must pay
- Proofרבא's proof: the פסוק needed to exclude converts
- Statementריש לקיש: no fine for falsely accusing a minor
- ChallengeWhy would we need a spelling hint at all?
- ResolutionFlipping the lesson: the short spelling includes a minor
- Statementשילא begins listing three cases of an accused girl