Study Ketubot folio 44B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
גמ׳ מנא הני מילי? אמר ריש לקיש, דאמר קרא ״ומתה״, לרבות הורתה שלא בקדושה ולידתה בקדושה.
Talmud: Since the rulings of the Mishnah are based on the principle that the special halakhot of a betrothed young woman who committed adultery apply only to a woman who was born Jewish, the Talmud questions the halakha that a woman who was conceived when her mother was a non-Jew but born when her mother was Jewish is executed via stoning: From where are these matters derived? Reish Lakish said: As the verse states: “And the men of her city should stone her with stones that she die” (Deuteronomy 22:21). The phrase “that she die” is superfluous and comes to include one whose conception occurred when her mother was not yet in a state of sanctity but her birth took place when her mother was in a state of sanctity.
אי הכי מילקא נמי נילקי, ומאה סלע נמי לשלם! אמר קרא ״ומתה״ — למיתה נתרבתה ולא לקנס. ואימא לרבות הורתה ולידתה בקדושה? ההיא ישראלית מעלייתא היא.
The Talmud asks: If so, if the verse equates her to a regular Jewish woman, let her husband also be flogged if he defames her, and let him also pay the 100 sela. The Talmud answers that the verse states: “That she die” (Deuteronomy 22:21), which indicates that she was included with regard to the death penalty but not with regard to the fine. The Talmud asks another question: Say that this verse comes to include only a girl whose conception and birth both occurred when her mother was in a state of sanctity. The Talmud responds: That girl is a full-fledged Jewish woman, and there is no difference between her and any other Jewish woman.
ואימא לרבות הורתה ולידתה שלא בקדושה! אם כן, ״בישראל״ מאי אהני ליה.
The Talmud asks a question from the opposite perspective: And say that the verse comes to include even one whose conception and birth both occurred when her mother was not in a state of sanctity. The Talmud answers: If so, the phrase “in Israel” (Deuteronomy 22:21), what purpose does it serve? This expression indicates that this halakha applies only to a woman who was born Jewish.