תּלמוד אויף שמות 22:15

MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay¹Ex. 22:14. The verse is read to mean that the borrower is not liable to pay for an animal which dies while working for him if its owner also was working for him all the time the animal was working. The owner need not be near the animal at the moment of its death..”
But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay.²Ex. 22:15.”

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: “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..