REVACH L'DAF
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KESUVOS 29 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered. |
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SUMMARY
A man who seduces or rapes a girl must pay the fine, even if she is prohibited to him with an Isur Lav or Kares. A man who seduces or rapes a woman who became a Giyores or was redeemed from captivity under the age of three must pay the fine. A man may sell his daughter as a maidservant only while she is a Ketanah. Rebbi Meir: A fine is paid only for raping or seducing a Na'arah. Chachamim: The fine applies to a Ketanah as well. If a man seduces or rapes a girl and she subsequently dies, he is exempt from paying the fine. Shimon ha'Timni: A fine is paid only for seducing or raping a woman with who it is possible to have Kidushin. (1) Rebbi Shimon ben Menasyah: A fine is paid only for seducing or raping a woman whom one is permitted to marry. Rebbi Akiva: Kidushin with a woman who is an Isur Lav is not valid. Rebbi Simai: According to Rebbi Akiva, a child born from any prohibited union is a Mamzer, with the exception of a widow married to a Kohen Gadol. (2) Rebbi Yeshavav: According to Rebbi Akiva, even a child born from of a widow married to a Kohen Gadol is a Mamzer.
A BIT MORE
1. According to Shimon ha'Timni, a fine is paid to a woman who is an Isur Lav, since Kidushin with her is valid. However, no fine is paid to a woman who is an Isur Kares, since Kidushin with her is not valid. 2. A child born from a union of a widow to a Kohen Gadol is a Chalal, but not a Mamzer. Similarly, a child born from a union of a divorcee with an ordinary Kohen is a Chalal, but not a Mamzer.
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BRIEF INSIGHT
THE CRUEL NESINIM Rashi maintains that the prohibition for Nesinim to marry into Klal Yisrael is mid'Rabanan, and it was David ha'Melech who decreed that the Nesinim may not marry into Klal Yisrael (because he found them to be lacking the three basic attributes that mark a member of Klal Yisrael: merciful, modest, and kind). Tosfos asks that the Gemara in Yevamos says that the Nesinim are forbidden Min ha'Torah from marrying into Klal Yisrael. The Ran answers that Min ha'Torah only the Nesinim who were Megayer are forbidden, but their children are permitted to marry into Klal Yisrael. David ha'Melech decreed that even the children are prohibited.
QUICK HALACHAH
THE SEVEN NATIONS A Ger from the Seven Nations is not forbidden Min ha'Torah from marrying into Klal Yisrael. It is well-known that the only ones who Megayer were the Giv'onim, and Yehoshua bin Nun decreed that they are forbidden to marry into Klal Yisrael, both the males and the females. He prohibited them only during the times of the Beis ha'Mikdash. David ha'Melech subsequently prohibited them forever, even after the Beis ha'Mikdash was destroyed. Why did David ha'Melech and his Beis Din prohibit them? He saw their brazenness and cruelty at the time that they sought to kill the seven sons of Shaul without showing any mercy. (Rambam, Hilchos Isurei Bi'ah 12:22-24)
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