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Week 61 - Monday - 22 January 2001

KETUBOT: CHAPTER 3: MISHNAH 1

These are maidens who are entitled to a fine: if one cohabits with a mamzeret, a netinah, or with a Cuthean; if one cohabits with a convert, a captive, or with a bondwoman who were redeemed or converted, or freed before the age of three years and one day; if one cohabits with his sister, or with his father's sister, with his mother's sister, with his wife's sister, with his brother's wife, with the wife of his father's brother, or with a niddah - they are entitled to a fine; even though they incur karet, they are not liable to the Court imposed death penalty.

Kehati

The Torah writes: "If a man finds a virgin maiden, who is not betrothed, and seizes her, and lies with her, and they are found; then the man who lay with her shall give to the maiden's father fifty silver (shekels), and she shall be his wife; because he afflicted her, he may not send her away all his lifetime" (Deut. 22:28-29). This passage teaches that a man who violates a maiden is obligated to pay her father a fine of "fifty silver," i.e., fifty selas (two hundred dinars); he is also obligated to marry the violated girl (if her father and she agree), and he is forbidden to divorce her. We also derive from the wording, "If a man finds a virgin maiden," that the fine is payable only under the following conditions: (1) she must be a "maiden" ( a na'arah)," i.e., she must have the signs of puberty (two hairs), and she must be between the age of twelve years and one day, and twelve and one-half years, when she becomes a bogeret, and (2) she must be "a virgin," i.e., a girl who has not engaged in sexual relations. Our mishnah teaches that the fine must be paid irrespective of whether he can fulfill "and she shall be his wife," and even in cases of forbidden sexual unions punishable by karet (the punishment of being "cut off from among the people").

These are maidens who are entitled to a fine - even though they are unfit for marriage: if one cohabits with a mamzeret - e.g., a girl who was born from one of the specified illicit sexual unions (see Yev. 4:13), a netinah-a girl descended from the Gibeonites (a tribe which converted during Joshua's time) (see our commentary on Yev. 2:4), or with a Cuthean - a Samaritan girl (see II K. 17:24ff.);

If one cohabits with a convert, with a captive, with a bondwoman who were redeemed, converted, or freed before the age of three years and one day - who are presumed to be virgins (see 1:2, above);

If one who cohabits with his sister, his father's sister, with his mother's sister, with his wife's sister - while they are virgin maidens, with his brother's wife, with the wife of his father's brother - who were betrothed to his brother or his uncle and were divorced or widowed after the betrothal and are presumed to be virgins, or with a niddah - a girl during her menstrual period, they are entitled to a fine - a man who violates one of these is obligated to pay a fine of "fifty silver" to her father, for

Even though they incur karet, - the punishment of being "cut off," to which a man who cohabits with his sister or his father's sister or the other above-mentioned cases, is liable (Lev. 18:9-19; 20:17-21); nevertheless, they are not liable to the Court-imposed death penalty - since there is no death penalty for these transgressions, the liability of karet by itself does not exempt the violator from the fine of "fifty silver." The Gemara explains: To what case does this refer (i.e., when must he pay the fine?), to a case in which they did not warn him; but if they warned him, he is liable to flogging and thus exempt from payment.

KETUBOT: CHAPTER 3: MISHNAH 2

And these are not entitled to a fine: if one who cohabits with a convert, with a captive, or with a bondwoman who were redeemed converted or freed above the age of three years and one day. Rabbi Yehudah says, A captive who was redeemed retains her sanctity, even though she was an adult. If one cohabits with his daughter, with his daughter's daughter, with his son's daughter, with his wife's daughter, with her son's daughter, or with her daughter's daughter - they are not entitled to a fine, because he forfeits his life, for his death penalty is in the hands of the Court; and whoever forfeits his life does not pay money, as it is written, "and if there is no fatal injury then he shall be punished" (Ex. 21:22).

Kehati

Our mishnah amplifies the preceding mishnah, and teaches that a per-son who violates a girl assumed to be a non-virgin is not liable to pay a fine, and also that a person who violates a girl, relations with whom constitute one of the prohibited sexual unions punishable by a Court imposed death penalty, is not liable to pay a fine.

And these - which are listed below, are not entitled to a fine - a man who violates one of these does not pay a fine:

If one cohabits with a convert, with a captive, with a bondwoman who were redeemed, converted or freed above the age of three years and one day - since they are presumed to be non-virgins and only a virgin is entitled to a fine (see 1:4), as was explained in the introduction to the preceding mishnah.

Rabbi Yehudah says, A captive who was redeemed retains her sanctity - she is presumed to be undefiled, and not violated, even though - she was taken captive when - she was an adult - therefore one who violates her is liable to pay a fine. The halakhah, however, does not follow Rabbi Yehudah.

If one cohabits with his daughter - e.g., after she was betrothed and divorced, in which case the fine is paid to her and not to her father (according to the opinion of Rabbi Akiva in the next mishnah), or he had relations with her when she was a girl, and he was not tried until she became an adult, in which case the fine is also paid to her (4:1, below), or with his daughter's daughter, with his son's daughter, with his wife's daughter, with her son's daughter, with her daughter's daughter - they are not entitled to a fine - these women are forbidden by Torah law, and one who cohabits with any of them is punished by the Court-imposed death penalty, but the violator does not pay a fine, because he forfeits his life - he is executed if he transgresses intentionally, after being warned, for his death penalty is in the hands of the Court - the above transgressions are punishable by the Court-imposed death penalty;

And whoever forfeits his life does not pay money, as it is written, "if there is no fatal injury, he shall be punished" - this verse teaches that a person is only liable to a monetary fine when there was no "injury" to a life, i.e., when he did not kill someone; but if he killed someone, and he is subject to execution, he is not punished also with a fine. The Gemara explains that even if a transgression subject to the death penalty is committed unintentionally, and the perpetrator is not liable to be put to death, he is nevertheless exempt from paying a fine.

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