TheWholeTorah.aiBeta

Kesuvos Chapter 4, Mishnah 3: The Naarah Ha'arusah and the Giyores

Chavrusa Learning
Listen0:00 / 0:00

Kesubos, Chapter 4, Mishnah 3. This mishnah goes into the details of the law of a betrothed maiden who committed adultery - a girl still in the age of na'arus, who has already been betrothed but not yet married. By Torah law her penalty is stoning. Stoning is one of the four court-administered deaths, the four death penalties imposed by the Sanhedrin, and in practice it means casting the condemned person down from a high structure; afterward, if he has not died, they go on to pelt him with stones. That is the form stoning takes.

Two special features in the law of a betrothed maiden:

  • Stoning instead of strangulation - ordinarily the penalty for an adulterer and adulteress is strangulation, death by choking. A betrothed maiden is the exception, and the Torah sets her penalty as stoning.

  • The entrance of her father's house - the stoning is not carried out in the usual place of stoning at the court, but at the entrance of her father's house.

"HaGiyores shenisgayrah bitah imah":

The mishnah opens with a discussion of the status of a female convert, because the Torah uses the expression "ki asesah nevalah b'Yisrael" - "for she has done a disgraceful thing in Israel" - and the question is whether this law applies to a convert as well. These are the words of the mishnah: "HaGiyores shenisgayrah bitah imah v'zinsah - harei zu b'chenek" - a convert whose daughter converted along with her, and the daughter committed adultery. A woman who converted, and whose daughter converted with her, and the daughter committed adultery while she was a betrothed maiden - her penalty is strangulation, the standard penalty of an adulteress, and not the special penalty of a betrothed maiden.

The reason: since the verse says "for she has done a disgraceful thing in Israel," this is understood as referring to a native-born Jewess, a Jewess from birth, and not to one who converted. A convert receives the standard penalty for adultery. And consequently the law of the entrance of the father's house does not apply to her either, for her punishment is not carried out at the entrance of her father's house as it is for a girl born Jewish.

And that is not all. Suppose the act never happened at all, and she did not commit adultery, but her husband falsely accused her - such a husband is called a motzi shem ra, one who spreads a bad name. Part of the penalty of a man who falsely accuses his wife of having relations with another man is a payment of one hundred sela (not one hundred zuz but one hundred sela) for the accusation that was found to be false. This law too was stated only regarding a girl born Jewish, whereas a convert has no payment of one hundred sela.

Conceived not in holiness and born in holiness:

Now the mishnah discusses a case where the convert was conceived not in holiness, that is, at a time when her parents were not yet Jewish, but she was born in holiness - her mother converted while pregnant with her, so that she was born Jewish. In this case she has the status of a daughter of Israel with regard to the law of a betrothed maiden, and her penalty is stoning instead of strangulation. But this is the only point in which she is like an ordinary betrothed maiden, as is derived from the verse. The other two elements do not apply to her:

  • The stoning is not carried out at the entrance of her father's house.

  • One who falsely accuses her does not pay one hundred sela.

Conceived and born in holiness:

If her parents had already converted, and she was conceived and born after they were Jewish, she is a daughter of Israel in every respect, and there is no difference at all between her and a girl born Jewish - for she too was born Jewish.

There is a father but no house, there is a house but no father:

Here the mishnah is no longer dealing with a convert, but with an ordinary betrothed maiden. What is the law when she has a father but the father has no house, or there is a house but her father died and there is no father? In both cases her penalty is stoning, even though "the entrance of the father's house" is not fulfilled in her case. For "lo ne'emar pesach beis avihah ela l'mitzvah" - "the entrance of her father's house was stated only as a preferred way of fulfilling the mitzvah" - this is an enhancement of the mitzvah, the proper way to carry it out; but when this element is missing, whether the father is missing or the house is missing, it does not prevent the fulfillment of the remaining laws of stoning.

In summary: In this mishnah we learned the two special features of a betrothed maiden who committed adultery - stoning instead of strangulation, and stoning at the entrance of her father's house - and the three laws derived from the expression "for she has done a disgraceful thing in Israel": death by stoning, the entrance of the father's house, and the hundred sela of one who falsely accuses her. A convert who converted together with her mother is not included in any of the three; one conceived not in holiness and born in holiness is subject to stoning alone, and not to the entrance of the father's house or the hundred sela; and one conceived and born in holiness is a daughter of Israel in every respect. And finally we learned that the entrance of the father's house is not indispensable, but was stated only as the preferred way of fulfilling the mitzvah.