Kesubos 46b

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Ketubot 46b

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Topic

The end of the מוציא שם רע discussion, then a new משנה on a father's rights over his daughter compared with a husband's, and the גמרא's sources for the father's right to her קידושין.

Overview

First the גמרא challenges an earlier version of רב כהנא's report from רבי יוחנן and gives a corrected version: the husband who defames his bride is liable only if both his relations and his claim are about relations in the normal way. Then a new משנה lists a father's rights over his young daughter: her קידושין, what she finds, her earnings, cancelling her vows and receiving her גט. He does not, however, eat the produce of her property. When she marries, the husband gains more: he eats her produce, and he must feed her, ransom her and bury her. רבי יהודה adds that even the poorest husband must provide two flutes and a mourning woman at her funeral. The גמרא asks how we know the קידושין money goes to the father, and רב יהודה learns it from the פסוק about the freed אמה העבריה. Asked why the money should not go to the girl herself, the גמרא first tries 'בנעוריה בית אביה', but then limits that פסוק to vows and rejects other possible sources. In the end it explains that the אמה פסוק is about a comparable leaving, and that קידושין really is a leaving from the father's authority, at least for vows. Finally, the גמרא learns from 'והיתה לאיש אחר' that קידושין by שטר and ביאה are also in the father's hands, and it begins the clause about what she finds.

Opening lines

The steps (22)

1. ChallengeBoth acts must be in the normal way
2. ResolutionThe corrected version of רבי יוחנן's teaching
3. StatementA father's rights over his daughter
4. StatementA husband gets more than the father had
5. StatementThe minimum for a wife's funeral
6. QuestionSource for the father getting קידושין money
7. ResponseLearned from the freed maidservant
8. ChallengeMaybe the money goes to the girl herself
9. ResolutionThe father accepts her קידושין, so he takes the money
10. ChallengeMaybe this only applies to a young girl
11. ResolutionAll gains of youth belong to the father
12. ChallengeThen why does רב need a separate source for her earnings?
13. ResolutionThat פסוק is about cancelling vows
14. ResolutionMoney laws are not learned from איסור laws
15. ResolutionMoney laws are not learned from קנס
16. ResolutionNo proof from humiliation and degradation payments
17. ResolutionBack to the maidservant verse: it excludes only a comparable leaving
18. ChallengeThe two kinds of leaving are not alike
19. ResolutionFor vows, at least, she has left her father's control
20. QuestionWhere do we learn that the father controls שטר and ביאה?
21. ResponseAll the ways of becoming a wife are compared to each other
22. StatementQuoting the next clause: the father gets what his daughter finds