1)

A RAPIST MUST MARRY THE GIRL

(a)

(Mishnah): When is a rapist forced to marry her? (... If she is forbidden to Yisraelim, he may not keep her.)

(b)

Question (Rav Kahana): The Mitzvas Aseh to marry her should override the Lav!

(c)

Answer (Rav Zvid of Nehardai): An Aseh overrides a Lav only in cases such as cutting off Tzara'as during circumcision, since there is no other way to fulfill the Aseh;

1.

Here, if she says that she does not want to marry him, there is no longer an Aseh!

2)

A GIRL WHO WAS DIVORCED FROM EIRUSIN

(a)

(Mishnah - R. Elazar): If an orphaned girl was divorced from Eirusin, one who rapes her must pay. One who seduces her is exempt.

(b)

(Gemara - Rabah bar bar Chanah): R. Elazar holds like his Rebbi, R. Akiva, who says that there is a fine for a girl divorced from Eirusin (even if her father is alive), and she receives it.

(c)

Question: What is the source for this?

(d)

Answer: R. Elazar did not need to teach that one who seduces an orphan is exempt. (She pardoned him!) Rather, he teaches that a Na'arah divorced from Eirusin is like an orphan, i.e. she receives the fine herself.

(e)

(R. Zeira): The Halachah follows R. Elazar. He is the happiest of the Chachamim!

3)

EMBARRASSMENT AND BLEMISH

(a)

(Mishnah): Embarrassment is evaluated according to the one who embarrassed and the one who was embarrassed;

(b)

To evaluate blemish, we appraise how much less one would pay to buy her to be a slave (because she is not a virgin);

(c)

The fine is the same for all;

(d)

Anything fixed by the Torah is the same for all people.

(e)

(Gemara) Question: We should say that the 50 Sela'im (Shekalim) that the Torah specified is the full compensation!

(f)

Answer #1 (R. Zeira): If so, people would say that the fine for a king's daughter is the same like the fine for a commoner!

(g)

Objection (Abaye): People can say this about the fine for a Mu'ad animal that kills a slave! One pays 30 Shekalim for a slave who can string pearls (a very lucrative profession), like for a slave who only sews!

40b----------------------------------------40b

(h)

Answer #2 (R. Zeira): If two men had Bi'ah with her, one Lo k'Darkah (in the anus, so she is still a Besulah) and one k'Darkah (normally), people will say that the same 50 Shekalim are paid for a full virgin as for a blemished girl! (Therefore, he must pay also for embarrassment and blemish.)

(i)

Objection (Abaye): People can say so about the fine for a slave. One pays 30 Shekalim for a healthy slave, like for a leprous slave!

(j)

Answer #3 (Abaye): "For having afflicted her" connotes that he pays also for embarrassment and blemish.

(k)

Answer #4 (Rava): "The man who lied with her..." - 50 Shekalim is for the pleasure of lying with her. This implies that he pays also embarrassment and blemish.

(l)

Question: Perhaps she receives these payments!

(m)

Answer #1: "Bi'N'ureha Beis Aviha" - all revenue of a Na'arah goes to her father.

(n)

Objection: If so, why did Rav learn from elsewhere that her father gets her earnings?

1.

(Rav): "If a man will sell his daughter to be a slave" - just like the earnings of a slave belong to her master, so the earnings of a daughter belong to her father.

2.

Rather, we must say that "Bi'N'ureha Beis Aviha" teaches only about vows.

3.

Suggestion #1: Perhaps we can learn embarrassment and blemish from vows!

4.

Rejection: We do not learn monetary laws from Isurim.

5.

Suggestion #2: Perhaps we can learn from the fine!

6.

Rejection: We do not learn Mamon (payments according to the damage) from fines.

(o)

Answer #2: It is logical that these payments go to the father, since he could have received much Kidushin money for her from a disgusting person or leper (who has difficulty finding one who will marry him. The father cannot receive so much for a non-virgin, so he should receive the compensation.)

(p)

(Mishnah): We evaluate blemish as if she was a slave being sold.

(q)

Question: How do we evaluate this?

(r)

Answer (Shmuel's father): We evaluate the difference between what one would pay for a virgin slave from a non-virgin.

1.

Question: One buys a slave for work. Why does he care whether or not she is a virgin?

2.

Answer: He wants to marry her to his slave.

3.

Question: What difference does it make to the owner?

4.

Answer: He likes the slave, and wants to give him a virgin.

4)

A FINE FOR MINORS

(a)

(Mishnah): Whenever a man can sell his daughter to be to be a slave, i.e. before she is a Na'arah, there is no fine for her. Whenever there is a fine for her, i.e. while she is a Na'arah, he cannot sell her;

(b)

A Bogeres cannot be sold and has no fine.

(c)

(Gemara - Rav Yehudah): The Mishnah is like R. Meir. Chachamim say that there is a fine for a girl who can be sold.

1.

(Beraisa - R. Meir): From the day a girl is born until she becomes a Na'arah, she may be sold, but has no fine. When she brings two hairs (and becomes a Na'arah), she has a fine but cannot be sold;

2.

Chachamim say that a girl has a fine from three years until Bagrus.

3.

Question: Does she have a fine but she cannot be sold?!

4.

Answer: No, she has a fine even though she can be sold (before Na'arus).

(d)

(Rav Chisda): R. Meir learns from "To him she will be a wife" - the verse discusses one who could marry herself off (if she had no father, i.e. a Na'arah).

(e)

Version #1 - Rav Papa brei d'Rav Chanan - (Reish Lakish): The Chachamim learn that when the Torah says "Na'arah", this includes a minor.

(f)

(Rav Simi bar Ashi): Reish Lakish said this about Motzi Shem Ra (a Chasan who claims that he found that his Kalah was not a virgin):

1.

(Reish Lakish): One who is Motzi Shem Ra about a minor is exempt - "He will give to the father of the Na'arah (spelled full, with a Hei)" - the Torah discusses a full (proper) Na'arah.

2.

Question (Rav Ada bar Ahavah): Even without the Hei, we would know that a minor is not included!

i.

"The Na'arah... will be stoned" - we do not punish a minor!

3.

Answer: Here we know that the verse discusses a full Na'arah. We infer that whenever Na'arah is spelled deficiently, it includes even a minor.

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