משנה
משנה

תלמוד על כתובות 3:6

Jerusalem Talmud Kiddushin

By money, from where? “After he acquires,” this tells you that she is acquired by money.11Babli 2a. In rabbinic Hebrew, לקח means “to buy”. The Babli shows from Gen. 23:13 that לקח in biblical Hebrew may mean “to accept a deal involving money”. By the talmudic doctrine of invariability of lexemes in biblical language, the same meaning must apply in all cases. By marital relations, from where? “And has marital relations with her,” this tells you that she is acquired by intercourse12Babli 9b. Deut. 24:1: “After a man takes a wife and has marital relations with her” is the preamble to the rules of divorce. The verse is read to mean: “After a man buys and/or has marital relations with a woman, if he desires to terminate the relationship he is required to follow the rules of divorce.” Since there is no divorce without a preceding marriage, it follows that acquiring a wife by money and/or intercourse establishes marriage by biblical standards.. I would say, by both together. Money without intercourse and intercourse without money, from where? 13This elliptic statement is shortened from Ketubot 3:6 (Notes 88–92). The man who sleeps with a virgin preliminarily married to another man is stoned; one who sleeps with a married woman who is not a virgin is strangled. Since the verse mentions only intercourse, it is deduced that even if no money was given, the girl is legally bound to her husband and the seducer or rapist is executed for adultery. Rebbi Abbahu in the name of Rebbi Joḥanan, it is written: “If a man is found lying with a woman having had intercourse with her husband.” Think of it, even if he did only acquire her by intercourse, the one coming after him is [executed] by strangulation. Not only regular intercourse but even perverse14Sex play which leads to satisfaction without penetration and ejaculation.. Rebbi Abbahu in the name of Rebbi Joḥanan, it is necessary to mention perverse intercourse for if it were regular, why mention her husband15If the verse was simply intended to state that the punishment of the adulterer with a non-virgin is different from that with a virgin, it would not have mentioned “her husband”. The husband makes his wife a non-virgin even by perverse intercourse, any other man only by penetration.? As we have stated there16Mishnah Sanhedrin 7:15.: “If she was raped by two men, the first is stoned, the second strangled17If the first one penetrated her..”
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