(Mishnah - R. Elazar): If an orphaned girl was divorced from Eirusin, ha'Ones is liable. Mefateh is exempt.

(Gemara - R. Yochanan): R. Elazar holds like R. Akiva his Rebbi;

Just like R. Akiva says that [an orphan] has a fine, and it is hers, so R. Elazar says that she has a fine, and it is hers.

Question: If so, we should say so even for a Mefutah!

Answer (R. Yirmeyah citing R. Elazar): [Since she consented, a Stam Mefutah] pardoned him.

Question: Does one pardon something that is not his? (The fine is her father's!)

Answer: He discusses an orphan. (The fine is hers, so she can pardon it. ALEI TAMAR - in these Amora'im's text of the Mishnah, it said 'a Na'arah who was divorced from Eirusin.' They concluded that it discusses an orphan. It says that she was divorced from Eirusin to teach that even in such a case, Mefateh is exempt only if she is an orphan.)

Support (Beraisa - Beis Rebbi): So an orphan - R. Elazar says, Ones is liable, and Mefateh is exempt.

Question: Does one pardon something that is not in his Reshus?

Answer #1: We learn from the following teaching of R. Bun bar Chiyah citing R. Ze'ira that the fine is not [owed] from the beginning [until Beis Din obligates him]!

(Mishnah): If she stood in [Beis] Din before her father died, the fine is her father's. If the father died, it is of his brothers;

If you will say that the fine is from the beginning, [in both cases] it is of the brothers from the beginning!

Answer #2 (Rava citing Rav Chisda): Our Mishnah discusses Boshes and Pegam (they are Mamon, so she can pardon them, but she cannot pardon the fine, for it is not yet in her Reshus);

(R. Mana): What does it mean [in our Mishnah] 'ha'Ones is liable, and ha'Mefateh is exempt'? Ha'Ones is liable for everything, and ha'Mefateh is exempt for everything.

(R. Avin citing Shamai): [What does it mean 'ha'Ones is liable, and ha'Mefateh is exemptl? Ha'Ones is liable for everything, and ha'Mefateh is exempt for Boshes and Pegam, and liable a fine.

Resolution: (They do not argue. R. Avin citing Shamai explains R. Elazar in our Mishnah, if he holds like) R. Akiva (she has a fine, and she cannot pardon it), and the one who says that ha'Ones is liable Boshes and Pegam and exempt from a fine, and ha'Mefateh is exempt from everything, he holds like R. Yosi ha'Gelili (she has no fine).

(Mishnah): How do we assess Boshes? All is according to the one who embarrassed and the one who was embarrassed;

Pegam - we view her like a Shifchah sold in the market - [he pays the difference between] what she was worth and how much she is worth [now that she is not a Besulah].

The fine is the same for all.

Anything that the Torah fixed the amount, is the same for all people.

(Gemara): One who embarrasses a Gadol (great person) is unlike one who embarrasses a Katan (unimportant person). One who was embarrassed via a Gadol is unlike one who was embarrassed via a Katan.

Boshes of (to) a Gadol is great, and his damage (if he embarrasses someone) is small. Boshes of (to) a Katan is small, and his damage is great.

(Mishnah): Whenever a man can sell [his daughter to be to be a slave], there is no fine for her. Whenever there is a fine for her, there is no sale;

A Ketanah has a sale, and there is no fine for her. A Na'arah has a fine, and she has no sale;

A Bogeres has no fine and no sale.

(Gemara - R. Chiyah citing R. Yochanan): [Our Mishnah] is R. Meir, but Chachamim say that there is a sale and fine at the same time;

According to R. Meir, from day one (birth) until she brings two hairs [after 12 years], she has a sale, but no fine;

From when she brings two hairs until Bagrus, she has a fine, but no sale. A Bogeres has no sale and no fine;

According to Rabanan, from day one until three years and one day, she has a sale, but no fine (Bi'ah with her is not considered Bi'ah). From three years and one day until she brings two hairs, she has a sale and a fine;

From when she brings two hairs until Bagrus, she has a fine, but no sale. A Bogeres has no sale and no fine.

(Mishnah): One who has Bi'ah with a Na'arah Me'urasah, he is Chayav [Skilah] only if she is a Na'arah Besulah Me'urasah in her father's house;

If two had Bi'ah with her, the first is stoned and the second is choked.

(R. Yosa citing R. Yochanan citing R. Chiyah citing Lazar): This is like R. Meir, but Rabanan say that [there is Skilah] even for a Ketanah.

What is R. Meir's reason? "Na'ar" (Na'arah is written deficiently, without a Hei, as is it were Na'ar. Therefore, we exclude a Ketanah.)

Question: How do Rabanan expound "Na'ar"?

Answer (R. Avahu citing Reish Lakish): Once in the Parshah (Motzi Shem Ra) it is written "Na'arah" complete, to teach that the entire Parshah discusses a Gedolah. (This implies that elsewhere, e.g. Na'arah Me'urasah, Na'ar is even a Ketanah.)

Question (R. Meir, against Rabanan): Regarding Motzi Shem Ra it is written Na'arah, and she is an adult, for a minor is not stoned!

Question: How do Rabanan answer this?

Answer (R. Avin): This teaches that [the Parshah applies even] if he had Bi'ah with her the way [one is Bo'el] a male (in the anus, i.e. Lo k'Darkah).

Question (Yakov bar Ba, to Rav): If one has Bi'ah with a Ketanah (Me'urasah), what is the law?

Answer (Rav): He is stoned.

Question (Yakov bar Ba, to Rav): If one has Bi'ah with a Bogeres, what is the law?

Answer (Rav): I expound "Na'arah", and not a Bogeres (he is choked).

Question: We should expound [also] "Na'arah", and not a Ketanah!

Answer (Rav): "Al Davar Asher Inah" includes a Ketanah for a fine.

Question: The verse "Tachas Asher Inah" should include a Bogeres for a fine!

Response (Rav): Even though Yakov defeated me (I have no answer for him), the Halachah is, if one has Bi'ah with a Ketanah, he is stoned and she is exempt.

Question (R. Avin citing Shmuel): Why don't we learn from the following?

Question: "U'Mes ha'Ish ha'Hi Asher Shachav Imah Levado" - do we not know that the Na'arah is not Chayav Misah? Why does it say "vela'Na'arah Lo Sa'aseh Davar Ein la'Na'arah Chet Maves"?

Answer: This includes one who has Bi'ah with a Ketanah. He is stoned and she is exempt.