Bagian Terkait Ulangan 22:19

HALAKHAH: “The following adolescent girls,” etc. It is written⁷Deut. 22:29, speaking of the rapist.: “She should be his wife,” one who can be his wife⁸This argument will be used at the end of the paragraph to exclude the slave-girl from consideration since she cannot legally marry anybody. The bastard can legally marry a proselyte or another bastard (Mishnah Qiddušin4:1). The inverse question could be asked if a bastard rapes a regular Jewish girl. The question is asked in the Babli, 29b.. Can the bastard girl be his wife? Rebbi Simeon ben Laqish said, “he should weigh silver appropriate for the bride-price of virgins⁹Ex. 22:16, speaking of the seducer. In the Babli, 29b, R. Simeon ben Laqish argues differently.”, that added many virgins. Rebbi Ze‘ira said, if it had said “virgin’s brides-prices”; but it says only “appropriate for the bride-price of virgins”; the verse added them only for the bride-price¹⁰It implies only that even a virgin disqualified in general still has a claim to a full ketubah; e. g., if a bastard girl marries a proselyte.. But where was this said¹¹That the fine must be paid.? As Ḥizqiah stated: “If refusing her father should refuse⁹Ex. 22:16, speaking of the seducer. In the Babli, 29b, R. Simeon ben Laqish argues differently.,” not only if her father refuses; from where even if from Heaven they refuse¹²By a biblical prohibition.? The verse says “refusing should refuse”, in any case. But then a man who has intercourse with a slave girl should pay the fine! This is impossible, as it was stated: I could think that one who has intercourse with a Gentile slave-girl should be obligated, the verse says, “by bride-money he should take her as a wife to himself.” Only one whom he can marry; this excludes the Gentile slave whom he cannot marry¹³While the Gentile slave-girl of a Jewish owner becomes pseudo-Jewish by baptism in a miqweh, she would be able to contract a marriage only by manumission by which she would become a full-fledged proselyte. Cf. Halakhah 1:4, Notes 181–184.. But he cannot marry his sister and he pays the fine! There is a difference since she can be married to others. But his daughter can be married to others and he does not pay the fine¹⁴Mishnah 3:2.! There is a difference since it is a capital crime and nobody who commits a capital crime pays money¹⁵Even if he cannot be convicted because there were no two eyewitnesses to the act..

Rebbi Eleazar asked: Do the daughters of the rape victim have the rights given by the ketubah stipulations⁷²Mishnaiot 4:8–12 contain a number of stipulations which the courts will enforce whether or not they were written in the ketubah document. The one in question here (Mishnah 11) states that the daughters, who do not inherit in the presence of sons, will have to be fed and lodged from the inheritance until they marry (they have a lien on the inheritance which has to be satisfied before the sons, the heirs, can take any money from the inheritance.) Since R. Ismael stated in the preceding paragraph that the seducer has to write a virgin’s ketubah, it is clear to him that all stipulations of Mishnaiot 4:8–12 apply to the future children of the seduced girl. The only problem is with the rape victim who, never facing divorce, does not have a ketubah in the opinion of the rabbis who disagree with R. Yose ben R. Jehudah later in this paragraph. In the Babli, 54a, this question is also asked and similarly left unanswered. In practice, this is a negative answer since “the burden of proof is on the claimant” and in the absence of a rule the daughters cannot prove their claim.? It is clear to me that the rape victim has no [ketubah] of the male children, and that the seduced victim has no [ketubah] of the male children⁷³The ketubah of male children (Mishnah 4:10) stipulates that if a man has sons from different wives, the amounts of the different ketubot are first taken from the inheritance and distributed among the sons of the wives; the remainder is then split evenly among the sons (except that an eventual male firstborn takes a double portion). The reason given for this stipulation is that fathers should be encouraged to give their daughters ample dowries which become part of the ketubah obligations of their husbands, to make them attractive to prospective suitors. Therefore, the stipulation is necessary to insure that the property remains in the possession of the direct descendants of the givers. But since the rape victim and the seduced girl are married by biblical decree, they cannot expect dowries.. If you say that he questions in both cases, we could ask, do the daughters of the rape victim and the daughters of the seduced girl have the rights given by the ketubah stipulations? That is a problem following the rabbis⁷⁴And is unanswered., but it is obvious following Rebbi Yose ben Rebbi Jehudah; as it was stated: Rebbi Yose ben Rebbi Jehudah says, the rapist gives a mina as ketubah⁷⁵In contrast to the seducer who writes the ketubah of a virgin for a minimal sum of 200 zuz, the rapist already paid the fine of 200 zuz to the girl’s father. He therefore writes for his wife an additional ketubah of the non-virgin..

³⁴⁹This text is also in Ketubot 3:9, explained there with a list of readings in Notes 126–135. The parallel in the Babli is 66b.“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi)³⁵⁰It is clear from Ketubot and the Babli that the speaker is Samuel, Rav’s contemporary, and not the later Galilean R. Samuel. Sifry Deut 243 disagrees with Samuels’ argument. Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.