More Discussions for this daf
1. Implication that Giores only gets money from attacker 2. Tosfos and Kenas of a Nesinah and Kusi 3. Physical Abuse and Molestation
DAF DISCUSSIONS - KESUVOS 29

Robert Lepor asked:

In the mishna at the beginning of Perek "Eilu Na'aros" in Kesuvos (29a), it lists the three groups of women who are victims of rape where the attacker is responsible to pay 200 dinar, seeming to imply that the women do not have the ability to force the attacker to marry them. The Rosh explains that the mishna is coming to teach us that the rapist is obligated to pay a fine for the following three categories: "psulei lavin" (such as a mazeres), women that are in the category of kashrus (such as a giores - convert), and those women for which the attacker would be chayav kareis (such as one's sister). The implication from the above is that none of the above three groups, including the women who fall in the category of "kashrus" (giores, freed slavewomen, and freed captive as long as they were freed before the age of three years and one day), would have the power to force the rapist to marry them. Is this true?

Also, if these three different categories are brought in order to highlight that even in a case where the rapist is chayav kares he is obligated to pay the fine, why include the women who are b'chezkas kashrus?

Kesiva V'Chasima Tovah,

Yochanan Rovvy Elon

The Kollel replies:

The Shulchan Aruch Paskens (E.H. 177:4) that if a woman is even Rabinnically forbidden to her rapist, he is not allowed to marry her. The sources I have seen, including the Beis Yosef and Shulchan Aruch (E.H. 177), do not say that the women in the category of Giyores etc.. are not able to force the rapist to marry them, which would seemingly indicate that they can force him to marry them. However, I did not see anyone explicitly discussing the Halachah.

All the best,

Yaakov Montrose