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Week 61 - Tuesday - 23 January 2001

KETUBOT: CHAPTER 3: MISHNAH 3

A girl who was betrothed and divorced, Rabbi Yose HaGelili says, She is not entitled to a fine. Rabbi Akiva says, She is entitled to a fine, and her fine belongs to herself.

Kehati

It is written in the Torah, "If a man finds a virgin maiden who is not betrothed" (Deut. 22:28); we learned previously (3:1) that the first part of the verse teaches that a violator is liable to pay a fine only if he violates a "maiden" who is a "virgin." Why did the Torah add the words "who is not betrothed?" Rabbi Yose HaGelili and Rabbi Akiva disagree about the answer. According to Rabbi Yose HaGelili, the passage teaches that a maiden who was divorced or widowed after her betrothal is not entitled to a fine, even though she is still presumed to be a virgin. Rabbi Akiva, however, differs, as will be explained in the mishnah.

A maiden who was betrothed and divorced - or widowed after her betrothal, Rabbi Yose HaGelili says, If a man violates her, she is not entitled to a fine - he is not liable to pay a fine; a fine is only imposed on one who violates "a virgin maiden that is not betrothed," excluding this girl who had once been betrothed,

Rabbi Akiva says, She is entitled to a fine - the above verse does not exclude a virgin maiden who was betrothed from receiving a fine, for a girl divorced or widowed after betrothal and assumed to be a virgin is entitled to receive a fine if violated, and her fine belongs to herself - and not to her father. Rabbi Akiva expounds, "who is not betrothed" as follows: if she was never betrothed, then "he shall give to the maiden's father fifty silver," but if she was once betrothed, the violator pays the fine to the one who (herself) was violated. The halakhah follows Rabbi Akiva. The mishnah uses the wording "If a maiden was betrothed and divorced" in order to teach that Rabbi Yose HaGelili and Rabbi Akiva disagree only concerning the divorced or widowed, but agree that if a man violates a girl who is betrothed, he does not pay a fine, since he is subject to the Court-imposed death penalty, as was taught in the preceding mishnah. .

KETUBOT: CHAPTER 3: MISHNAH 4

The seducer gives three things, and the violator four: the seducer gives "shame," and "pegam," and a fine; the violator adds to it, for he gives "pain." What is the difference between the violator and the seducer? The violator gives "pain," and the seducer does not give "pain"; the violator gives immediately, and the seducer when he sends away; the violator drinks from his clay pot, but the seducer, if he wants to send her away - he sends her away.

Kehati

The Torah states, "And if a man seduces a virgin who is not betrothed, and lies with her, he shall surely stipulate a dowry for her to be his wife. If her father utterly refuses to give her to him, he shall pay [lit., "weigh" - yishkol] silver according to the dowry of virgins" (Ex. 22:15-16). The Sages learn from "he shall pay silver according to the dowry of virgins" that "this is as the dowry of virgins, and the dowry of virgins is as this," i.e., the Torah compares the fine of the seducer to that of the violator, where the "dowry of virgins" is specified - just as the violator pays a fine of ''fifty silver" for the dowry of her virginity, so, too, does the seducer pay a fine of "fifty silver;" and just as the "silver" paid by the seducer is in shekels, as it is written, "he shall weigh" [yishkol], so, too, is the "silver" paid by the violator in shekels, i.e., selas. Our mishnah teaches the differences between the laws of the violator and those of the seducer.

The seducer gives - he is obligated to pay for the following - three things, and the violator - for - four: the seducer gives - (l) "shame" - compensation for the shame he caused her; (2) and "pegam" (see glossary) - because she was impaired and her value has deteriorated; (3) and a fine - as was explained in the introduction to the mishnah; the violator adds to it - to the payments for shame, pegam, and a fine, for he gives "pain" - the violator is also obligated to pay for the pain,-for having afflicted her, as it is written: "because he has afflicted her.

What is the difference between the violator and the seducer? having menti-oned the payment for "pain," which is paid by the violator, but not by the seducer, the mishnah lists a number of differences between the violator and the seducer: (1) The violator gives "pain," and the seducer does not give "pain" - since "affliction" is mentioned regarding the violated woman, as mentioned above, but not regarding the seduced woman, who does not suffer pain;

(2) The violator gives - pays the fine to her father - immediately - even though he weds her, as it is written, "then the man that lay with her shall give to the maiden's father fifty silver, and she shall be his wife," and the seducer - pays the fifty silver, when he sends away - i.e., if he does not wed her, as it is written, "If her father refuses to give her to him, he shall weigh silver," but if he weds her, he does not pay the fine;

(3) The violator drinks from his clay pot - from the vessel that he chose, even if it is repulsive, i.e., the violator is obligated to marry the violated woman (when her father and she agree), and he is forbidden to divorce her, for it is written, (regarding the violator), "and she shall be his wife; because he has afflicted her, he may not send her away all his life," but the seducer, if he wants to send her away - he sends her away - if he declines to wed her, we do not coerce him; and if he does marry her, he may divorce her.

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