The MDY B-set edition, an audio series of the Talmud Bavli, specifically Masechet Ketubot, has been dedicated by our dear friend Mr. Elliot Shascho, Hashem yishmerehu v'chayehu. May the zechut of the study of Masechet Ketubot stand for him, granting him, b'ezrat Hashem, a shana tova u'mevorechet, wealth and honor, peace in his home, and success in all his endeavors, v'hatzlacha b'chol ma'aseh yadav. B'ezrat Hashem, may he continue to support Torah and all holy projects. Amen. Today’s daf is Daf Zayin. This daf has been studied l'iluy nishmat Avraham ben Esther, may his soul be at rest in the Garden of Eden. Amen. Today’s daf is also studied for a complete healing for Yosef ben Sara, Rachamim ben Adel, and Sara bat Rachel. El na r'fa na lahem b'toch sh'ar cholei am Yisrael. Amen.
We begin today’s daf on Vav Amud Bet, starting three lines from the bottom, discussing the sugya of performing a b'ilat mitzvah with a betulah on Leil Shabbat. We previously noted that there may be a machloket tana'im regarding whether it is permissible to engage in a b'ilat mitzvah l'chatchila, meaning the first b'iah on Leil Shabbat.
The Gemara poses a question: Metivei Rabbi Ammi: hamapis mursa b'Shabbat. This refers to a person who has a mursa on Shabbat and wishes to lance it. The inquiry is whether if his intention is to make an opening in the mursa, he would be chayav for bona, since creating a petach on Shabbat constitutes bona. Even though this involves making a petach on a human, we see that bona applies to a human being, as the Torah states regarding Adam: Vayiven et hatzela, where God created Chavah from a rib.
What defines a petach? Tosafot explains that for a petach to be considered chayav on Shabbat, it must be for the purpose of l'hachnis u'l'hotzi. Here, the intention is to allow air in and pus out, thus it qualifies as a regular petach. Therefore, if he lances the mursa to create a petach, he is chayav. However, if he merely intends to drain pus without creating a petach, he is patur.
Rashi states that when it is declared patur, it is patur u'mutar l'chatchila, meaning it is permissible. The Gemara then questions: Kashya l'man d'asar. Why should it be forbidden to have a b'iah with a betulah on Leil Shabbat? For this too is merely to l'hotzi dam, to take out blood. Just as one is permitted to remove pus on Shabbat, what should be the difference in the case of the bo'el betulah? His intention is to extract blood, thus it should be permissible.
The mefarshim explain that the question is based on the following yesod: they assumed that the prohibition of b'iah is due to hotza'at dam, as dam betulim is considered like a chaburah me'chubar. The Gemara asks what distinguishes this from the case of mapis mursa? They presume that the mursa is within the body and removing it is permissible. Therefore, just as one is allowed to remove pus, it should also be allowed to extract blood from the betulah.
The Gemara answers that there is a significant difference: Hatam pakid v'akir, hacha pakid v'lo akir. Rashi clarifies that in the case of pus, it is gathered and uprooted from the flesh, thus it is not considered a chaburah. In contrast, dam betulim is gathered but not fully uprooted from the flesh; it is somewhat absorbed. Even though it is not attached like the blood of organs, it is still considered chaburah and thus leads to a prohibition regarding b'iah on Leil Shabbat.
The Gemara now provides rulings. Rabbi Ami permitted engaging in b'iah l'chatchila on Shabbat. The Rabbanan questioned him, stating that he has not written a ketubah. How can he be with his wife without a ketubah? A ketubah is a monetary document that cannot be written on Shabbat, and the law stipulates that one cannot be married, nor have yichud with his wife, without a ketubah.
The Gemara responds: Amar lehu hatpisuha metaltelin, meaning he can give her a movable item as a pledge for her ketubah until it is formally written. The mefarshim note that this transaction could only occur bein hashmashot, and now the man realizes he has not written a ketubah. Therefore, let him take an item and say, "This is a pledge for your ketubah." Since the ownership is on the item, it is permissible to remain together.
Alternatively, it may simply be a ruse to ensure she feels secure about her ketubah. It does not need to be an official pledge, allowing him to say, "If I owe you a ketubah, you can take it from here." The mefarshim suggest this interpretation. Ramban states that if this is the case, it could be that it occurred erev Shabbat, and they realized they did not write the ketubah in time, allowing the transaction to be permissible.
Next, the Gemara states that Rav Zvid permitted engaging in b'iah l'chatchila on Shabbat. Some say that Rav Zvid himself engaged in b'iah l'chatchila on Shabbat. Rav Yehuda permitted engaging in b'iah l'chatchila on Yom Tov. Rav Papa, in the name of Rava, cautioned against assuming that Yom Tov is permissible while Shabbat is forbidden.
The Gemara explains: Mitokh she'hutra chavura l'tzorech hutra nami shelo l'tzorech. Once a chavura is permitted for the sake of food preparation, it can also be permitted for other purposes. The Gemara reasons that since chavura is permissible for food, it should also be permissible for b'iah as it is a necessary act.
The Gemara raises a challenge: Can one make mugmar on Yom Tov? Mugmar involves burning incense for fragrance, which is not essential for everyone. The Gemara responds that mugmar is not considered necessary for all, unlike b'iah, which is essential for everyone.
The Gemara concludes that b'iah is a matter of necessity for all, thus permitting it. The Gemara further clarifies that the first b'iah is considered a tzorech mitzvah, allowing leniency, while subsequent b'iah is not treated with the same leniency.
Next, the Gemara introduces a ruling by Rabbi Yochanan in Tzaidan, stating that it is forbidden to engage in a b'iah l'chatchila on Shabbat. The Gemara questions the use of the term hora'ah in this context, as it typically implies a leniency.
The Gemara clarifies that there are instances of rulings that involve prohibitions, such as when Beit Hillel ruled that a woman must continue her nazir status even after returning to Israel. This indicates that the term hora'ah can indeed apply to prohibitions.
Ultimately, the Gemara concludes that it is permissible to engage in a b'iah l'chatchila on Shabbat, as established by the preceding discussions. The Shulchan Aruch states in Even HaEzer that it is permissible to engage with a betulah on Shabbat, and there is no concern of harm or distress to her.
While some authorities maintain that one should intend to engage with a tilt, the consensus is that it is permissible due to the nature of the act being a kilkul. In practice, it is noted that contemporary customs have evolved, and many refrain from engaging on Shabbat.
As we conclude this Gemara, we reflect on the rulings regarding b'iah, ketubah, and the customs surrounding marriage, emphasizing the balance between halachic precision and the evolving nature of practice within the Jewish community.