Talmud sobre Êxodo 22:16

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..

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.

“The seducer only if he divorces her,” etc. Rav Ḥisda said, if he does not want to keep her. But if he decides to keep her, he does not give anything. Rebbi Ismael stated: “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.”, which indicates that his obligation is for him that of bride-price, and bride-price is the ketubah⁷⁰This implies that all his obligations are transformed into ketubah obligations due at the dissolution of the marriage; not only the 200 zuz basic fee but also the sums fixed for shame and diminution of value.; as it also says⁷¹Gen. 34:12. “add for me much bride-price and gifts.”