POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) FOR WHICH GIRLS IS A RAPIST FINED?
(a) (Mishnah): There is a fine for (raping or seducing) any
of the following Na'aros (girls in the first six months
1. A Mamzeres, Nesinah or Kusis;
(b) (Gemara) Question: Is there a fine only for Pasul women,
but not for regular women?!
2. A convert, captive or slave who converted, was
redeemed or was freed below the age of three;
3. The rapist's sister, paternal or maternal aunt, his
wife's sister, his brother's wife, his paternal
uncle's wife, or a Nidah.
i. Even though these are punishable by Kares
(excision), they are not capital offenses.
(c) Answer: The Mishnah teaches that there is a fine for
these Pasul women: a Mamzeres...
(d) Inference: There is a fine for a Na'arah, but not for a
(e) (Rav Yehudah): Our Mishnah is like R. Meir:
1. (Beraisa - R. Meir): From the day a girl is born
until she brings two hairs (after 12 years), she can
be sold (to be a slave), but there is no fine for
her. From when she brings two hairs until she
becomes a Bogeres (six months later), she has a fine
but cannot be sold;
i. The rule is, she can be sold if and only if
there is no fine for her.
2. Chachamim say that there is a fine for her from the
age of three years and one day until she becomes a
3. Question: Does she have a fine, but she cannot be
4. Correction: Rather, there is a fine for her even
when she can be sold.
2) A FINE FOR WOMEN WHO MAY NOT MARRY THE MAN
(a) Question: Why is there a fine for these women?
1. "She will be his wife" - she must be permitted to be
(b) Answer #1 (Reish Lakish): We expound (in the Parashah of
a rapist) "Na'arah", "(ha') Na'arah", and
"ha'Na'arah". (Since the entire word 'ha'Na'arah' is
extra, we expound two laws from it, for the word itself
and for the 'Hei'.) One teaches the simple meaning (she
must be a Na'arah), one teaches about (a fine for)
Chayavei Lavin (women forbidden by a Lav), and one
teaches about (a fine for) Chayavei Krisos.
(c) Answer #2 (Rav Papa): We expound (in the Parashah of a
seducer) "Besulah", "(ha)'Besulos", and "ha'Besulos".
One teaches the simple meaning, one teaches about
Chayavei Lavin, and one teaches about Chayavei Krisos.
1. Rav Papa did not learn like Reish Lakish, because he
uses "ha'Na'arah" to teach Abaye's law:
(d) Objection: Reish Lakish also needs to learn Abaye's law,
and Rav Papa also needs the Gezeirah Shavah!
i. (Abaye): If she died before the rapist was
brought to trial, he is exempt. "He will give
to the father of ha'Na'arah", not to the father
of the deceased.
2. Reish Lakish did not learn like Rav Papa, because he
uses "ha'Besulos" for a Gezeirah Shavah:
i. (Beraisa): "Kesef Yishkol (he will pay) k'Mohar
ha'Besulos" - the fine of a seducer should be
like the Mohar of a Besulah (50, the fine
specified for a rapist), and the Mohar of a
Besulah should be like the fine of a seducer
(e) Answer #3: Rather, we expound six words or letters:
Na'arah, (ha') Na'arah, ha'Na'arah, Besulah,
(ha') Besulos, ha'Besulos. We need two for the simple
meaning. One is used for Abaye's law, one is used for the
Gezeirah Shavah, one teaches about Chayavei Lavin, and
one teaches about Chayavei Krisos.
(f) The Tana of our Mishnah disagrees with the following
1. (Beraisa - Shimon ha'Teimani): "She will be his
wife" refers to a woman with whom Kidushin is Tofsin
(g) Question: What do these Tana'im argue about?
2. R. Shimon ben Menasya says, it refers to a woman
whom he may keep.
(h) Answer: They argue about a Mamzeres or Nesinah (Chayavei
1. Kidushin is Tofsin with them, but a Yisrael may not
stay married to them.
(i) Question: According to R. Akiva, who says that Ein
Kidushin Tofsin b'Chayavei Lavin, what do they argue
(j) Answer: They argue about a Kohen Gadol who raped a widow,
like R. Simai taught.
1. (Beraisa - R. Simai): R. Akiva says that children of
any marriage of Chayavei Lavin are Mamzerim, except
for a widow married to a Kohen Gadol;
(k) Question: R. Yesheivav says that R. Akiva holds that the
child of any forbidden Bi'ah is a Mamzer. According to
him, what do Shimon ha'Teimani and R. Shimon ben Menasya
2. The Torah forbids him to marry her and "YeCHaLeL
(profane) his children" - he makes his children
CHaLaLiM (profane), not Mamzerim.
(l) Answer: They argue about Chayavei Aseh, such as a Mitzris
or Edomis (Kidushin is Tofsin, but it is forbidden).
Index to Outlines for Maseches Kesuvos