x-mailing-list: daf-disc...@shemayisrael.com
(Please include header and footer when redistributing this material.)
_________________________________________________________________
THE DAFYOMI DISCUSSION LIST
brought to you by Kollel Iyun Hadaf of Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
d...@dafyomi.co.il
[REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL]
________________________________________________________________
Kesuvos 045: Na'arah ha'Me'urasah
Chaim asks:
The usual method of execution is strangulation. I can understand that a
Naa'ra Asura has a reduced severity of method of execution due perhaps to a
minimum of betrayed trust compared to a Nesua. But why does a Naa'ra who is
a Bogeress at the time of conviction, get strangulation for the same
offense, and the same reduced level of betrayed trust? Or does she? The
Baraisa is recommended to be emended, but is the halakha? The fact that
this case occurred in a Baraisa and not a Mishna or Tosefta points to it
being in error?
Chaim
----------------------------------------------
The Kollel replies:
I am going to answer this question based on sources in Maseches Sanhedrin.
1) The Mishnah in Sanhedrin (66b) states that one is not liable for the sin
of Na'arah ha'Me'urasah (Rashi explains that this means one is not liable
for Sekilah) unless she is (a) a Na'arah (i.e., between 12 and 12 1/2 years
old, and not yet a Bogeres of 12 1/2 years old), (b) a Besulah, and (c) an
Arusah (i.e., betrothed but not yet Nesu'ah, married). If these three
conditions are not fulfilled, the punishment is Chenek and not Sekilah. We
learn from here that the Halachah is indeed that the Bogeres receives
Chenek.
2) Now let us go to another Mishnah in Sanhedrin, this one on 49b. The
Mishnah states that there are four different punishments given by Beis Din:
Sekilah, Sereifah, Hereg, and Chenek. Rashi writes that the order of the
punishments is intentional because Sekilah is the most severe and Chenek is
the least severe. We learn from here that the punishment given to the
Na'arah ha'Me'urasah is actually worse than the standard capital penalty.
3) Now we go to Sanhedrin 50a to see why the crime of the Arusah, who is
only "betrothed" (to use an approximate translation) but not yet married is
worse than that of the Nesu'ah who is fully married. Rashi (DH Al Korchach)
explains that when someone does a bad thing, it has three repercussions:
(a) it is a crime against Hashem; (b) it is a crime and a disgrace to other
people; (c) it
is a disgrace to the person himself who commited the transgression.
4) If we focus on reason (c) we can understand why the crime of the Arusah
is worse than that of a Nesu'ah. The crime is that
she stained her honor. The Chidush here is that the honor of the Arusah is
even greater than that of the Nesu'ah. Rashi writes
that the Nesu'ah has already been "stained." This cetainly does not mean
that the Nesu'ah has done anything wrong merely by getting married. What
Rashi means is that a woman who is already married is not quite as special
as a new bride who has not actually been yet with her husband. Rashi
explains this a little more in Sanhedrin 73b (DH v'Lo Nafish). He writes
that the groom has a special affection for his Arusah bride who possesses
an extra grace. If she is unfaithful, this is an extra strong disgrace. The
stain to her honor is even greater than that of a Nesu'ah.
I will close here and next time will relate to why the Bogeres gets a
different punishment.
Chag Kasher v'Same'ach,
Dovid Bloom
>>><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><<<
The *D*AFYOMI *A*DVANCEMENT *F*ORUM, brought to you by Kollel Iyun Hadaf
Write to us at d...@dafyomi.co.il or visit us at http://www.dafyomi.co.il
Tel/Fax(US): 646-820-3315; Fax(Isr): (02) 591-6024; Tel(Isr): (02) 651-5004
_______________________________________________
Daf-discuss mailing list
Daf-discuss@shemayisrael.co.il
http://mail.shemayisrael.co.il/mailman/listinfo/daf-discuss_shemayisrael.co.il
