Deuteronômio 22:28 Referências do Talmudee: Jerusalem Talmud Ketubot & Jerusalem Talmud Megillah

MISHNAH: The following adolescent girls¹The biblical law prescribes (Deut. 22:28–29) that the man raping נַעֲרָה בְתוּלָה “a virgin adolescent girl” has to pay her father 50 šeqel and must marry her. In the corresponding law about the seducer of a virgin (Ex. 22:15) he has to pay if he does not marry the girl. In that paragraph, the adolescent is not mentioned; but since it is stated that the father has the right to withhold her from the seducer, it follows that the girl cannot be an adult; she must be underage or adolescent. An adolescent is a girl in the first 6 months after she grows two pubic hairs, cf. Nedarim Chapter 10, Note 1. The age at which the fine can be claimed is the topic of Halakhah 3:9. can claim a fine: From someone who has intercourse with a bastard girl²Obviously, one who rapes or seduces an eligible Jewish girl has to pay. The Mishnah enumerates only those categories where there might be an argument that he should not be required to pay. Each category is discussed in the Halakhah. A bastard is excluded from contracting a valid marriage in the native congregation in Deut. 23:3., or a Gibeonite or a Samaritan girl, and one who comes to a female proselyte, a kidnap victim, or a slave girl who was redeemed, converted, or freed, at less than three years and one day of age³Cf. Mishnah 1:2.. Also from one who has intercourse with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife⁴If she was divorced or became a widow before the final marriage. The preliminary marriage activates all incest prohibitions implied by marriage., or his paternal uncle’s wife⁵But for a capital crime he does not pay since there cannot be two punishments for one crime. Extirpation is a divine punishment, outside the purview of a human court., or a menstruating girl; he has to pay the fine since it is not a capital crime⁶This word is in the ms. and editio princeps but should be deleted. even though he is subject to extirpation.

HALAKHAH: “An adolescent girl who had been preliminarily married,” etc. What is the reason of Rebbi Yose the Galilean? “Who was not preliminarily married.⁵²In both the rules about the seducer (Ex. 22:15) and the rapist (Deut. 22:28) it is emphasized that the fine is due only for “a virgin who was not preliminarily married.” Now the verse cannot mean “a virgin not currently preliminarily married” since it is obvious that seduction or rape of a preliminarily married girl is a capital crime and, therefore, free from paying the fine and the mention of her status would be superfluous. R. Aqiba also agrees with this analysis of the verse (Babli 38a), only he reads it that for “a virgin who was not preliminarily married” the fine is payable to her father; otherwise it is payable to the girl whose preliminary marriage emancipated her from her father’s power. The same argument is quoted in the Babli 38a, Mekhilta dR. Ismael, Mišpaṭim, Neziqin 17; a similar argument is Sifry Deut. 244. An argument strictly following R. Yose the Galilean is in Mekhilta deR. Simeon ben Ioḥai Mišpaṭim, pp. 207–208.”

Before she was preliminarily married, he gives to her father; after she had been preliminarily married, he gives to herself⁵³This is R. Aqiba’s opinion; a mention of R. Aqiba might have been omitted by the scribe; the statement is ascribed to R. Aqiba in the Mekhilta.. In the opinion of Rebbi Yose the Galilean⁵⁴As shown at the end of the paragraph, this should read “R. Aqiba”., if she is an adolescent, he gives to her father⁵⁵The rule for the rapist is formulated for “a virgin adolescent”, when the payment of 50 pieces of silver is due to her father; in the rule for the seducer, only “a virgin” is mentioned, and payment of “bride money”, due to the woman at the dissolution of the marriage. On the face of it, the rule for the seducer does not exclude an adult victim.; if she is an adult, does he give it to herself? If she is a virgin, he gives to her father; if she is injured by wood, does he give it to herself? It is different, because it is written “an adolescent”, adolescent but not adult. “A virgin,” a virgin not one injured by wood. Is it not written⁵²In both the rules about the seducer (Ex. 22:15) and the rapist (Deut. 22:28) it is emphasized that the fine is due only for “a virgin who was not preliminarily married.” Now the verse cannot mean “a virgin not currently preliminarily married” since it is obvious that seduction or rape of a preliminarily married girl is a capital crime and, therefore, free from paying the fine and the mention of her status would be superfluous. R. Aqiba also agrees with this analysis of the verse (Babli 38a), only he reads it that for “a virgin who was not preliminarily married” the fine is payable to her father; otherwise it is payable to the girl whose preliminary marriage emancipated her from her father’s power. The same argument is quoted in the Babli 38a, Mekhilta dR. Ismael, Mišpaṭim, Neziqin 17; a similar argument is Sifry Deut. 244. An argument strictly following R. Yose the Galilean is in Mekhilta deR. Simeon ben Ioḥai Mišpaṭim, pp. 207–208. “who was not preliminarily married,” “who was not preliminarily married,” to infer from there by an equal cut⁵⁶The second hermeneutical rule, that equal expressions in two different paragraphs lets one transfer rules from one paragraph to the other. A condition for the applicability of that rule is that the expressions should be “free”, not needed to establish a rule. For R. Yose the Galilean, the expressions “who was not preliminarily married” are not free since they establish a nontrivial rule; they cannot be used to argue by “equal cut”. But for R. Aqiba the expressions are essentially superfluous and can be used.? Since in one case it is 50, so in the other case it is 50⁵⁷The amount of bride money is not stated in Ex. 22; it is taken from Deut. 22 to be 50 holy šeqel which in talmudic theory are 200 zuz.. Does Rebbi Yose⁵⁸Rebbi Yose the Galilean who cannot accept R. Aqiba’s “equal cut” as valid. not have “50”? He has “silver, silver”⁵⁹In Ex. 22:16, “he shall weigh silver”; in Deut. 22:29 “50 silver pieces”. The same argument is quoted in the Babli, 38b.. Since “silver” written at one place is 50, so “silver” [written at the other place]⁵⁷The amount of bride money is not stated in Ex. 22; it is taken from Deut. 22 to be 50 holy šeqel which in talmudic theory are 200 zuz. also is 50.