meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Talmud/Bavli/Commentary/Tosafot/Seder Nashim/Tosafot on Ketubot/English/Tosafot, Translated by Jan Buckler.txt"}
text: Tosafot on Ketubot
  תוספות על כתובות
  Tosafot, Translated by Jan Buckler
  
  
  Tosafot on Ketubot
  
  
  
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  MISHNA: a virgin. Sometimes the Mishna refers to a subject with the ה' הידיעה, which is the equivalent of ‘the’ or ‘that’, and refers to a known subject. Sometimes as in our Mishna, the Mishna does not use that ה'. Tosfos explains why this is so: The reason that the Mishna does not say ‘the’ b’soloh as it says ‘the’ woman is acquired, and ‘the’ y’vomoh is acquired (Kidushin 2a), because there in Kidushin the Mishna is referring to the woman mentioned in the verse (D’vorim 22, 13): when a man will acquire a woman. The Mishna there is speaking of that woman about whom the verse is written. And so too ‘the y’vomoh is referring to that Y’vomoh mentioned in the verse in D’vorim 25, 7.  However, here in our Mishna the term b’suloh is not referring to a b’suloh that is mentioned in any verse. According to this explanation when the Mishna in Kidushin 14b speaks about a Jewish slave it should say ‘the’ Jewish slave, because it is speaking of the slave mentioned in a verse, but it does not. This needs to be explained. And the reason that the Mishna in the first Perek of Kidushin does not say ‘the’ Jewish slave, even though it is referring to a slave that is mentioned in a verse (Sh’mos 21, 2): if you will purchase a Jewish slave, that is  because if so, that the Mishna would insist on using the ה', it would need to say העבד העברי – the Jewish slave, using a ה' twice, for עבד and for עברי, because the word עברי is not attached to עבד.1<i class="footnote">The phrase does not mean the slave of a Jew. It means a slave who is a Jew. The correct expression when employing the ה' הידיעה, is העבד העברי.</i> The term does not mean the slave of a Jew; if that was the case it could say עבד העברי. However, the meaning of the phrase is the slave who is a Jew. The correct grammar for this phrase is העבד העברי, and it is not usual for the Talmud to speak this way. The Mishna prefers to drop the ה' it would ordinarily use when referring to a character mentioned in the Torah, in favor of maintaining its style of writing. Tosfos acknowledges that there are many times in the Mishna where the ה' is used even though the specific character is not mentioned in a verse. However, in regard to a man and a woman it is the norm in all places to mention these words with a ה', even though the specific event discussed is not referring to a man or woman mentioned in a verse. Such as: ‘The’ woman who went with her husband to a foreign land (Y’vomos 114b), ‘The’ woman who was widowed (below 16b), and ‘The’ man may impose a vow upon his son to be a nozir (Nozir 28b). In all these Mishnayos the Mishna speaks of ‘the’ man and ‘the’ woman, even though there is no specific verse that speaks of these stories.2<i class="footnote">Maharam Schiff explains that Tosfos means that since man and woman are mentioned with the ה' in Kidushin 2a, 41a, because the Mishna there is referring to a verse, whenever they are mentioned elsewhere the Mishna uses the ה', even though that specific Mishna is not referring to a verse.</i>
  