תלמוד על כתובות 3:1

HALAKHAH: “If somebody eats heave intentionally,” etc. ²Lev. 22:14: “Anybody who ate sanctified food in error must add its fifth to it and give the consecrated food to the Cohen.” The verse explicitly restricts the duty of adding a fifth to the case when heave is eaten in error. Also, the restitution is called holy only in that case. Since the money for restitution is not holy, the Cohen may give it to the offender, i. e., refrain from accepting it. The sin of eating heave intentionally is too great to be forgiven for just a monetary fine. The Mishnah applies only to the case in which the offender was not warned by two witnesses not to sin; in the latter case, he will be whipped by order of the court. Whether he then has to pay is discussed in the Halakhah. There, we have stated³Mishnah Makkot 3:1–5 gives a list of all transgressions punishable by flogging. The list starts with “him who sleeps with his sister”, and later mentions “him who eats ṭevel and First Heave of which no heave was taken,” where he is punished for eating the heave contained in the produce; hence, eating heave is punished by flogging.: “The following are flogged,” and we have stated⁴Mishnah Ketubot 3:1: “These are the girls for which one incurs a fine, .. he who sleeps with his sister, …” The fines are incurred either for the rape (Deut. 22:19) or the seduction (Ex.22:16) of a minor girl; cf. Note 26. The Mishnaiot seem to imply that raping one’s minor sister (and a non-Cohen’s eating heave) is punished by flogging and a fine.: “These are the girls.” Here you say, he is flogged, and there you say, he pays. Rebbi Joḥanan said, the Mishnah is two-sided: If he was cautioned⁵In addition, there must be two eye witnesses who saw the transgression; cf. Kilaim, Chapter 8, Note 9., he is flogged; if he was not cautioned, he pays. Rebbi Joḥanan is of the opinion that in a case where there is flogging or restitution, when he pays he is not flogged. Why should he not be flogged and have to pay? (Deut. 25:2) “His guilt.” You sentence him for one guilt but you may not sentence him for two guilts⁶“Guilt” (in the singular) here is taken to mean “atonement for his guilt”, that for one transgression there can be only one punishment. It is quite possible that with one act one commits a multiple sin; then each sin separately can be punished but no one sin can incur more than one punishment (Sifry Deut. 286).. The verse speaks of one who may incur two punishments (Deut. 25:2): “The judge shall have him laid down and flogged in his presence, a number [of times] because of his guilt.”

Rebbi Simeon ben Laqish said, even if he was not cautioned should he not pay since when cautioned he would be flogged⁷A similar text is in Ketubot 3:1 (fol. 27b), but there the Mishnah here is quoted as proof. In Ševu‘ot 4:9 (fol. 35d), R. Simeon ben Laqish is quoted as disagreeing with R. Meïr. In the Babli, Ketubot 33b, R. Simeon ben Laqish is quoted only as noting that Mishnah 3:1 gives the opinion of R. Meïr without endorsing it.? A Mishnah disagrees with Rebbi Simeon ben Laqish: “These are the girls for which one incurs a fine,” but if he was cautioned, will he not be flogged⁸Since Mishnaiot Ketubot 3:1 and Terumot 7:1 are formulated unconditionally, they should be interpreted as applying any time there are two witnesses to the transgression, independent of witnesses regarding cautioning.? Rebbi Simeon ben Laqish holds with Rebbi Meïr since Rebbi Meïr said, he is flogged and pays. Rebbi Abbahu in the name of Rebbi Simeon ben Laqish⁹In the Babli, Makkot 4b, the author is Ulla (R. La).: Rebbi Meïr learned from the calumniator¹⁰The man who publicly accuses his wife whom he married as a supposed virgin when she was almost an adult (between 12 and 12½ years of age), not to have been virginal. If he cannot produce two witnesses who prove the adultery of the wife between the preliminary and the actual marriage, he is fined, whipped, and prohibited to ever divorce his wife.. (Deut. 22:19) “And they shall fine him”, money; (Deut. 22:18) “they shall punish him,” flogging. But the rabbis say, [the law of] the calumniator is separate because of its novelty; one cannot learn from a novelty! Because nowhere else will a person become guilty by speech, but here he becomes guilty by speech¹¹The Halakhah later will discuss the case of perjured witnesses. These, according to the Yerushalmi, in a civil case will pay but not be flogged and, according to the Babli (Makkot 4b), in a criminal case will be flogged without prior cautioning. In no case can perjury parallel calumny.. Since one cannot transfer this feature, one cannot transfer the rules of either payment or flogging. Did not Rebbi Abbahu say in the name of Rebbi Simeon ben Laqish: If he [eats] fat intentionally but is in error about the sacrifice, if he was cautioned he will be flogged and has to bring a sacrifice¹²Cf. Chapter 6, Notes 5,6.! Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac said, (Deut. 25:2) “Because of his guilt.” If two possibilities are given to the court, one chooses one of them. This excludes matters in the power of Heaven¹⁴Since sacrifices are between the individual and Heaven, the procedural rules of the court are inapplicable to the case and nothing can be inferred from rules of sacrifices for court procedures..

MISHNAH: The ketubah¹⁰⁶The minimum payable to the bride at the dissolution of the marriage either by divorce or by the husband’s death. This does not exclude that the ketubah document may stipulate higher amounts. of a virgin is 200 and that of a widow one mina¹⁰⁷100 zuz. The Mishnah remains noncommittal about the nature of the coin involved.. The ketubah of virgins who after a preliminary marriage⁵³Mishnah 1:2. In all three cases the husband died before the ḥuppah ceremony and the women are presumed to be virgins. become widows, divorcees, or who received ḥalîṣah, is 200 and they are subject to a claim of non-virginity¹⁰⁸To invalidate the document if they are found not to be virgins.. The ketubah of a proselyte, a prisoner, and a slave who were redeemed¹⁰⁹It is assumed that a female kidnap victim will be raped as a matter of course. But a girl raped at age less than 3 years still is a virgin., freed¹¹⁰Since slaves can have guiltless sexual relations with Gentiles, it is assumed that they do have such relations., or converted¹¹¹There is no presumed minimal age for sexual activity of Gentiles. Therefore, a proselyte aged more than 3 years at conversion is presumed not to be virginal. at less than three years and one day of age, is 200 and they are subject to a claim of non-virginity¹⁰⁸To invalidate the document if they are found not to be virgins..