This week’s learning is sponsored for the merit and safety of Haymanut (Emuna) Kasau, who was 9 years old when she disappeared from her home in Tzfat two years ago, on the 16th of Adar, 5784 (February 25, 2024), and whose whereabouts remain unknown.
This week’s learning is dedicated of the safety of our nation, the soldiers and citizens of Israel, and for the liberation of the Iranian people. May we soon see the realization of “ליהודים היתה אורה ושמחה וששון ויקר”.
This week’s learning is sponsored for the merit and safety of Haymanut (Emuna) Kasau, who was 9 years old when she disappeared from her home in Tzfat two years ago, on the 16th of Adar, 5784 (February 25, 2024), and whose whereabouts remain unknown.
Want to dedicate learning? Get started here:
English
עברית
0:00
0:00
0:00
0:00
Today’s daily daf tools:
This week’s learning is sponsored for the merit and safety of Haymanut (Emuna) Kasau, who was 9 years old when she disappeared from her home in Tzfat two years ago, on the 16th of Adar, 5784 (February 25, 2024), and whose whereabouts remain unknown.
This week’s learning is dedicated of the safety of our nation, the soldiers and citizens of Israel, and for the liberation of the Iranian people. May we soon see the realization of “ליהודים היתה אורה ושמחה וששון ויקר”.
This week’s learning is sponsored for the merit and safety of Haymanut (Emuna) Kasau, who was 9 years old when she disappeared from her home in Tzfat two years ago, on the 16th of Adar, 5784 (February 25, 2024), and whose whereabouts remain unknown.
Ketubot 38
הָנֵי מִילֵּי, הֵיכָא דַּהֲרָגוֹ דֶּרֶךְ עֲלִיָּיה, שֶׁלֹּא נִיתְּנָה שִׁגְגָתוֹ לְכַפָּרָה. אֲבָל הֲרָגוֹ דֶּרֶךְ יְרִידָה, דְּנִיתְּנָה שִׁגְגָתוֹ לְכַפָּרָה, אֵימָא: נִישְׁקוֹל מָמוֹנָא מִינֵּיהּ וְנִיפְטְרֵיהּ, קָא מַשְׁמַע לַן.
this principle, that one cannot pay in lieu of execution, applies only when one intentionally killed him in an upward motion, for which no atonement is designated in the Torah for its unwitting performance. However, with regard to one who intentionally killed him in a downward motion, for which atonement, i.e., exile, is designated in the Torah for its unwitting performance, say: Let us take money from him and exempt him. Therefore, the phrase “any ḥerem” teaches us that even in that case there is no payment in lieu of execution.
אֲמַר לֵיהּ רָבָא: הָא מִדְּתַנָּא דְּבֵי חִזְקִיָּה נָפְקָא. דְּתָנָא דְּבֵי חִזְקִיָּה: ״מַכֵּה אָדָם״ וּ״מַכֵּה בְהֵמָה״.
Rava said to him: That principle is derived from that which the Sage of the school of Ḥizkiyya taught, as the Sage of the school of Ḥizkiyya taught: The verse juxtaposes the cases of one who smites a person, and one who smites an animal (Leviticus 24:21).
מָה מַכֵּה בְהֵמָה לֹא חִלַּקְתָּ בּוֹ בֵּין שׁוֹגֵג לְמֵזִיד, בֵּין מִתְכַּוֵּין לְשֶׁאֵין מִתְכַּוֵּין, בֵּין דֶּרֶךְ יְרִידָה לְדֶרֶךְ עֲלִיָּיה — לְפוֹטְרוֹ מָמוֹן אֶלָּא לְחַיְּיבוֹ מָמוֹן. אַף מַכֵּה אָדָם לֹא תַּחְלוֹק בּוֹ בֵּין שׁוֹגֵג לְמֵזִיד, בֵּין מִתְכַּוֵּין לְשֶׁאֵין מִתְכַּוֵּין, בֵּין דֶּרֶךְ יְרִידָה לְדֶרֶךְ עֲלִיָּה — לְחַיְּיבוֹ מָמוֹן אֶלָּא לְפוֹטְרוֹ מָמוֹן.
Just as in the case of one who smites an animal, you did not distinguish between one who did so unwittingly and one who did so intentionally; between one who acted with intent and one who acted with no intent; between one who smites in the course of a downward motion and one who smites in the course of an upward motion; and in all those cases it is not to exempt him from paying money but rather to obligate him to pay money; so too in the case of one who smites a person: Do not distinguish between one who did so unwittingly and one who did so intentionally; between one who acted with intent and one who acted with no intent; between one who smites in the course of a downward motion and one who smites in the course of an upward motion; and in all those cases it is not to obligate him to pay money but rather to exempt him from paying money. Apparently, one who kills another in any manner is exempt from payment, and therefore no additional verse is required to derive that principle.
אֶלָּא אָמַר רָמֵי בַּר חָמָא, אִיצְטְרִיךְ: סָלְקָא דַּעְתָּךְ אָמֵינָא, הָנֵי מִילֵּי הֵיכָא דְּסִימֵּא אֶת עֵינוֹ וַהֲרָגוֹ בָּהּ. אֲבָל הֵיכָא דְּסִימֵּא אֶת עֵינוֹ וַהֲרָגוֹ בְּדָבָר אַחֵר, אֵימָא נִישְׁקוֹל מָמוֹנָא מִינֵּיהּ. אֲמַר לֵיהּ רָבָא: הָא נָמֵי מֵאִידַּךְ תַּנָּא דְּבֵי חִזְקִיָּה נָפְקָא. דְּתָנָא דְּבֵי חִזְקִיָּה: ״עַיִן תַּחַת עַיִן״, וְלֹא עַיִן וְנֶפֶשׁ תַּחַת עַיִן.
Rather, Rami bar Ḥama said that the phrase “any ḥerem” (Leviticus 27:29) is necessary, as it might enter your mind to say that this halakha, that one who is liable to be executed is exempt from payment, applies only in a case where one blinded another’s eye and killed him with that same blow. However, in a case where one blinded another’s eye and killed him by means of a different blow, say: Let us take money from him to pay the damage inflicted to the eye. Therefore, the verse teaches that this is not the case. Rava said to him: This case of one who blinded another’s eye and killed him is also derived from that which another tanna of the school of Ḥizkiyya taught, as the Sage of the school of Ḥizkiyya taught that the verse states: “An eye for an eye” (Exodus 21:24), from which it may be inferred, but not an eye and a life for an eye. When he gives his life for killing another while blinding him, he need not pay the worth of the eye as well.
אֶלָּא אָמַר רַב אָשֵׁי: אִיצְטְרִיךְ. סָלְקָא דַּעְתָּךְ אָמֵינָא הוֹאִיל וְחִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל מְשַׁלֵּם, קָא מַשְׁמַע לַן. וּלְרַבָּה דְּאָמַר חִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל מְשַׁלֵּם, הַאי ״כׇּל חֵרֶם״ מַאי עָבֵיד לֵיהּ? סָבַר לַהּ כְּתַנָּא קַמָּא דְּרַבִּי חֲנַנְיָא בֶּן עֲקַבְיָא.
Rather, after the Gemara rejected the above explanations, Rav Ashi said: The phrase “any ḥerem” is nonetheless necessary, as it might enter your mind to say: Since it is a novel element that the Torah introduced with regard to the payment of a fine, which is not payment for any damage caused but is a Torah decree, in that case, even though he is killed he pays the fine. Therefore, the verse teaches us that one who is executed is exempt from payment of the fine. The Gemara asks: And according to Rabba, who said that this is indeed the halakha: Since it is a novel element that the Torah introduced with regard to the payment of a fine, even though he is killed he pays the fine, what does he do with this phrase: “Any ḥerem”? The Gemara answers: Rabba holds with regard to this matter in accordance with the opinion of the first tanna, who disagrees with Rabbi Ḥananya ben Akavya and explains that the phrase “Any ḥerem” teaches that the vow one takes to donate the valuation of one being taken to his execution is not binding.
מַתְנִי׳ נַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה — רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר: אֵין לָהּ קְנָס. רַבִּי עֲקִיבָא אוֹמֵר: יֵשׁ לָהּ קְנָס, וּקְנָסָהּ לְעַצְמָהּ.
MISHNA: With regard to a young woman who was betrothed and divorced, and then raped, Rabbi Yosei HaGelili says: She does not receive payment of a fine for her rape. Rabbi Akiva says: She receives payment of a fine for her rape and her fine is paid to herself, not her father, as since she was betrothed and divorced she is no longer subject to her father’s authority.
גְּמָ׳ מַאי טַעְמָא דְּרַבִּי יוֹסֵי הַגְּלִילִי — אָמַר קְרָא: ״אֲשֶׁר לֹא אוֹרָשָׂה״, הָא אוֹרָסָה — אֵין לָהּ קְנָס. וְרַבִּי עֲקִיבָא? ״אֲשֶׁר לֹא אוֹרָשָׂה״ — לְאָבִיהָ, הָא אוֹרְסָה — לְעַצְמָהּ.
GEMARA: What is the rationale for the opinion of Rabbi Yosei HaGelili? It is as the verse states: “If a man finds a young woman who is a virgin who was not betrothed” (Deuteronomy 22:28), from which it may be inferred: If she was betrothed she does not have a fine for rape. The Gemara asks: And how does Rabbi Akiva explain this verse? The Gemara answers that the verse states: If it is a young woman who was not betrothed, the fine is paid to her father, from which it may be inferred: If she was betrothed, the fine is paid to the betrothed woman herself.
אֶלָּא מֵעַתָּה, ״נַעֲרָה״ וְלֹא בּוֹגֶרֶת, הָכִי נָמֵי דִּלְעַצְמָהּ? ״בְּתוּלָה״ וְלֹא בְּעוּלָה, הָכִי נָמֵי דִּלְעַצְמָהּ? אֶלָּא לִגְמָרֵי, הָכָא נָמֵי לִגְמָרֵי!
The Gemara asks: But if that is so, that the inference from the verse is that the fine is levied on one who rapes a young woman and not on one who rapes a grown woman, so too, there is the halakha in the latter case that the fine is paid to the grown woman herself. Similarly, with regard to the inference that the fine is levied on one who rapes a virgin and not on one who rapes a non-virgin, so too, there is the halakha that in the latter case the fine is paid to the non-virgin herself. A distinction of that kind has never been encountered. Rather, with regard to a grown woman and a non-virgin, the rapist is completely exempt from paying the fine; here too, with regard to a betrothed woman, the rapist is completely exempt from paying the fine.
אָמַר לָךְ רַבִּי עֲקִיבָא: הַאי ״לָא אוֹרָשָׂה״ מִיבְּעֵי לֵיהּ לְכִדְתַנְיָא: ״אֲשֶׁר לֹא אוֹרָשָׂה״ — פְּרָט לְנַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה, שֶׁאֵין לָהּ קְנָס, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר: יֵשׁ לָהּ קְנָס, וּקְנָסָהּ לְאָבִיהָ. וְהַדִּין נוֹתֵן: הוֹאִיל וְאָבִיהָ זַכַּאי בְּכֶסֶף קִידּוּשֶׁיהָ, וְאָבִיהָ זַכַּאי בְּכֶסֶף קְנָסָהּ. מָה כֶּסֶף קִידּוּשֶׁיהָ, אַף עַל פִּי שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה — לְאָבִיהָ, אַף כֶּסֶף קְנָסָהּ, אַף עַל פִּי שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה — לְאָבִיהָ.
The Gemara answers: Rabbi Akiva could have said to you that this verse: “Who was not betrothed,” is required by him to teach another halakha that is taught in a different baraita. “Who was not betrothed” (Deuteronomy 22:28) comes to exclude a young woman who was betrothed and divorced and establish that she does not receive payment of a fine for her rape; this is the statement of Rabbi Yosei HaGelili. Rabbi Akiva says: She receives payment of a fine for her rape, and her fine goes to her father, contrary to the ruling attributed to Rabbi Akiva in the mishna. And ostensibly, no verse is required to derive this halakha, as logic dictates that it is so: Since her father is entitled to the money of her betrothal if she is betrothed before she becomes a grown woman, and likewise her father is entitled to the money of her fine; just as the money of her subsequent betrothal as a young woman, even though she was betrothed and divorced, is paid to her father, so too, the money of her fine, although she was betrothed and divorced, is paid to her father.
אִם כֵּן, מָה תַּלְמוּד לוֹמַר: ״אֲשֶׁר לֹא אוֹרָשָׂה״ — מוּפְנֶה, לְהַקִּישׁ לוֹ וְלָדוּן הֵימֶנּוּ גְּזֵירָה שָׁוָה: נֶאֱמַר כָּאן ״אֲשֶׁר לֹא אוֹרָשָׂה״, וְנֶאֱמַר לְהַלָּן ״אֲשֶׁר לֹא אוֹרָשָׂה״. מָה כָּאן חֲמִשִּׁים — אַף לְהַלָּן חֲמִשִּׁים, וּמָה לְהַלָּן שְׁקָלִים — אַף כָּאן שְׁקָלִים.
If so, and the halakha can be logically inferred, why does the verse state: “Who was not betrothed”? This verse is free, as it is superfluous in its own context, and it is written to liken another case to it, and to derive from it a verbal analogy: It is stated here with regard to a woman who was raped: “Who was not betrothed,” and it is stated below: “And if a man seduce a virgin who was not betrothed” (Exodus 22:15). Just as here, with regard to rape, the Torah specifies that the payment is fifty silver pieces (Deuteronomy 22:29), so too below, with regard to seduction, the payment is fifty. And just as below, with regard to seduction, the payment is in shekels, as it is written: “He shall weigh [yishkol] money” (Exodus 22:16), so too here, the payment is in shekels.
וְרַבִּי עֲקִיבָא, מַאי חָזֵית דַּ״אֲשֶׁר לֹא אוֹרָשָׂה״ לִגְזֵירָה שָׁוָה, וּ״בְתוּלָה״ לְמַעוֹטֵי בְּעוּלָה?
The Gemara asks: And Rabbi Akiva, what did you see that led you to utilize the phrase: “Who was not betrothed” for a verbal analogy, and the term “virgin” to exclude a non-virgin from the fine?
אֵימָא: ״בְּתוּלָה״ — לִגְזֵירָה שָׁוָה, וַ״אֲשֶׁר לֹא אוֹרָסָה״ — פְּרָט לְנַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה!
Say to the contrary; the term “virgin,” written with regard to both rape and seduction, is to derive a verbal analogy, and not to exclude a non-virgin, and the phrase “Who was not betrothed” will be interpreted as Rabbi Yosei HaGelili interpreted it, to exclude a young woman who was betrothed and divorced.
מִסְתַּבְּרָא ״אֲשֶׁר לֹא אוֹרָסָה״ לִגְזֵירָה שָׁוָה, שֶׁהֲרֵי אֲנִי קוֹרֵא בָּהּ ״נַעֲרָה בְּתוּלָה״. אַדְּרַבָּה: ״בְּתוּלָה״ לִגְזֵירָה שָׁוָה, שֶׁהֲרֵי אֲנִי קוֹרֵא בָּהּ ״אֲשֶׁר לֹא אוֹרָסָה״! מִסְתַּבְּרָא: הָא אִישְׁתַּנִּי גּוּפַהּ, וְהָא לָא אִישְׁתַּנִּי גּוּפַהּ.
The Gemara answers: It stands to reason that the phrase “Who was not betrothed” is utilized to derive a verbal analogy, and not to exclude one who was betrothed and divorced, as even after the divorce I can still read the phrase “A young woman who is a virgin” as applying to her. The Gemara asks: On the contrary, utilize the term virgin to derive a verbal analogy, as even if she is not a virgin, I can still read the phrase “Who was not betrothed” as applying to her. The Gemara answers: It stands to reason that the term “virgin” excludes a non-virgin, and the phrase “Who was not betrothed” is utilized to derive a verbal analogy, as this woman who engaged in relations, her body changed, and that woman who was betrothed and divorced, her body did not change, and therefore her status with regard to the fine should similarly not change.
וְרַבִּי יוֹסֵי הַגְּלִילִי הַאי סְבָרָא מְנָא לֵיהּ? נָפְקָא לֵיהּ מִדְּתַנְיָא: ״כֶּסֶף יִשְׁקוֹל כְּמוֹהַר הַבְּתוּלוֹת״, שֶׁיְּהֵא זֶה כְּמוֹהַר הַבְּתוּלוֹת, וּמוֹהַר הַבְּתוּלוֹת כָּזֶה.
The Gemara asks: And from where does Rabbi Yosei HaGelili derive this conclusion with regard to the amount of the payment for seduction and the type of money used in the payment for rape? The Gemara responds: He derives it from that which was taught in a baraita that it is written with regard to seduction: “He shall weigh money like the dowry of the virgins” (Exodus 22:16), from which it is derived that this fine for seduction will be like the dowry paid to the virgins elsewhere for rape, fifty silver coins, and the dowry paid to the virgins for rape will be like this fine for seduction in shekels.
קַשְׁיָא דְּרַבִּי עֲקִיבָא אַדְּרַבִּי עֲקִיבָא. תְּרֵי תַּנָּאֵי וְאַלִּיבָּא דְּרַבִּי עֲקִיבָא.
§ The Gemara comments: It is difficult as there is a contradiction between one statement of Rabbi Akiva and another statement of Rabbi Akiva. In the mishna he ruled that the fine for the rape of a young woman who was betrothed and divorced is paid to the woman, and in the baraita he ruled that it is paid to her father. The Gemara answers: These are conflicting traditions of two tanna’im in accordance with the opinion of Rabbi Akiva.
בִּשְׁלָמָא רַבִּי עֲקִיבָא דְּמַתְנִיתִין, לָא אָתְיָא גְּזֵירָה שָׁוָה וּמַפְּקָא לֵיהּ לִקְרָא מִפְּשָׁטֵיהּ לִגְמָרֵי. אֶלָּא לְרַבִּי עֲקִיבָא דְּבָרַיְיתָא, אָתְיָא גְּזֵירָה שָׁוָה וּמַפְּקָא מִפְּשָׁטֵיהּ לִגְמָרֵי.
The Gemara observes: Granted, the statement of Rabbi Akiva of the mishna is reasonable, as a verbal analogy does not come and divert the verse from its plain meaning entirely. The plain meaning of the phrase: “Who was not betrothed” is that there is a difference between a young woman who was betrothed, who receives payment of the fine, and one who was not, whose father receives payment of the fine. However, according to Rabbi Akiva of the baraita, does a verbal analogy come and divert the verse from its plain meaning entirely, and teach that there is no difference at all between a young woman who was betrothed and one who was not?
אָמַר רַב נַחְמָן בַּר יִצְחָק: קְרִי בֵּיהּ ״אֲשֶׁר לֹא אֲרוּסָה״. אֲרוּסָה בַּת סְקִילָה הִיא! סָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל וְחִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל — מְשַׁלֵּם.
Rav Naḥman bar Yitzḥak said: Interpret the verse as: Who is not betrothed. It does not mean that the young woman was not betrothed in the past, rather, that she is not currently betrothed. The Gemara asks: There is no need for a verse to derive that the rapist is exempt from paying a fine if the young woman is betrothed, as the rape of a betrothed young woman is punishable by stoning, and the rapist is certainly exempt from paying the fine. The Gemara answers: As it might enter your mind to say: Since it is a novel element that the Torah introduced with regard to the payment of a fine, even though he is killed he pays the fine. Therefore, the verse teaches us that one who is executed is exempt from payment of the fine.
וּלְרַבָּה דְּאָמַר חִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל מְשַׁלֵּם, מַאי אִיכָּא לְמֵימַר? סָבַר לַהּ כְּרַבִּי עֲקִיבָא דְּמַתְנִיתִין.
The Gemara asks: And according to Rabba, who said that this is indeed the halakha: Since it is a novel element that the Torah introduced with regard to the payment of a fine, even though he is killed he pays the fine, what is there to say? What is derived from the verse that says that there is no fine if the young woman is betrothed? The Gemara answers: Rabba holds in accordance with the opinion of Rabbi Akiva of the mishna, who interpreted the verse as it is written, meaning that it is referring to one who was betrothed and divorced.
תָּנוּ רַבָּנַן: קְנָסָהּ לְמִי, לְאָבִיהָ. וְיֵשׁ אוֹמְרִים: לְעַצְמָהּ. לְעַצְמָהּ אַמַּאי! אָמַר רַב חִסְדָּא: הָכָא בְּנַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה עָסְקִינַן, וְקָמִיפַּלְגִי בִּפְלוּגְתָּא דְּרַבִּי עֲקִיבָא דְּמַתְנִיתִין וְרַבִּי עֲקִיבָא דְּבָרַיְיתָא.
The Sages taught: With regard to a young woman who was raped, to whom is her fine paid? It is paid to her father; and some say: It is paid to her. The Gemara asks: To her? Why? The verse explicitly states that the fine is paid to her father. Rav Ḥisda said: Here we are dealing with a young woman who was betrothed and divorced, and these tanna’im in the baraita disagree in the dispute between Rabbi Akiva of the mishna and Rabbi Akiva of the baraita, with regard to whom the rapist pays the fine in that case.
אָמַר אַבָּיֵי: בָּא עָלֶיהָ וּמֵתָה — פָּטוּר, שֶׁנֶּאֱמַר: ״וְנָתַן לַאֲבִי הַנַּעֲרָה״ — וְלֹא לַאֲבִי מֵתָה. מִלְּתָא דִּפְשִׁיטָא לֵיהּ לְאַבָּיֵי, מִיבַּעְיָא לֵיהּ לְרָבָא.
§ Abaye said: If one had intercourse with a young woman, and she died before he was sentenced, he is exempt from paying the fine, as it is stated: “And the man who lay with her shall give to the father of the young woman” (Deuteronomy 22:29), from which it is inferred, and not to the father of a dead girl. The Gemara comments: This matter that was obvious to Abaye was raised as a dilemma to Rava.
דְּבָעֵי רָבָא: יֵשׁ בֶּגֶר בַּקֶּבֶר, אוֹ אֵין בֶּגֶר בַּקֶּבֶר? יֵשׁ בֶּגֶר בַּקֶּבֶר — וְדִבְנָהּ הָוֵי, אוֹ דִלְמָא: אֵין בֶּגֶר בַּקֶּבֶר, וּדְאָבִיהָ הָוֵי.
As Rava raised a dilemma: Is there achievement of grown-woman status in the grave or is there not achievement of grown-woman status in the grave? The halakha is that if a young woman is raped and the rapist did not pay the fine until she became a grown woman, the rapist pays the fine to her and not to her father. Rava’s dilemma is in a case where a young woman dies and her rapist was convicted only after the time elapsed that were she alive she would have reached grown-woman status. Is there achievement of grown-woman status in the grave, and therefore she is entitled to the fine and it is the property of her son as his mother’s heir? Or perhaps there is no achievement of grown-woman status in the grave, and the fine is the property of her father, as she was a young woman when she died.
Follow 
Today’s daily daf tools:
Delve Deeper
Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
I was exposed to Talmud in high school, but I was truly inspired after my daughter and I decided to attend the Women’s Siyum Shas in 2020. We knew that this was a historic moment. We were blown away, overcome with emotion at the euphoria of the revolution. Right then, I knew I would continue. My commitment deepened with the every-morning Virtual Beit Midrash on Zoom with R. Michelle.
Adina Hagege
Zichron Yaakov, Israel
I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!
Batsheva Pava
Hashmonaim, Israel
I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.
Rachel Rotenberg
Tekoa, Israel
I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Philadelphia, United States
I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.
Anne Rubin
Elkins Park, United States
I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.
Yafit Fishbach
Memphis, Tennessee, United States
A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!
Cindy Dolgin
HUNTINGTON, United States
I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.
Gila Loike
Ashdod, Israel
I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Bronx, United States
I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!
Silke Goldberg
Guildford, United Kingdom
In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.
Reena Slovin
Worcester, United States
Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba
Marsha Wasserman
Jerusalem, Israel
I started learning with rabbis. I needed to know more than the stories. My first teacher to show me “the way of the Talmud” as well as the stories was Samara Schwartz.
Michelle Farber started the new cycle 2 yrs ago and I jumped on for the ride.
I do not look back.
Jenifer Nech
Houston, United States
I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.
Patti Evans
Phoenix, Arizona, United States
I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.
I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.
Janice Block
Beit Shemesh, Israel
I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.
Medinah Korn
בית שמש, Israel
I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!
Rochel Cheifetz
Riverdale, NY, United States
When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.
Hannah Lee
Pennsylvania, United States
What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.
Marian Frankston
Pennsylvania, United States
I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Jodi Gladstone
Warwick, Rhode Island, United States
Ketubot 38
הָנֵי מִילֵּי, הֵיכָא דַּהֲרָגוֹ דֶּרֶךְ עֲלִיָּיה, שֶׁלֹּא נִיתְּנָה שִׁגְגָתוֹ לְכַפָּרָה. אֲבָל הֲרָגוֹ דֶּרֶךְ יְרִידָה, דְּנִיתְּנָה שִׁגְגָתוֹ לְכַפָּרָה, אֵימָא: נִישְׁקוֹל מָמוֹנָא מִינֵּיהּ וְנִיפְטְרֵיהּ, קָא מַשְׁמַע לַן.
this principle, that one cannot pay in lieu of execution, applies only when one intentionally killed him in an upward motion, for which no atonement is designated in the Torah for its unwitting performance. However, with regard to one who intentionally killed him in a downward motion, for which atonement, i.e., exile, is designated in the Torah for its unwitting performance, say: Let us take money from him and exempt him. Therefore, the phrase “any ḥerem” teaches us that even in that case there is no payment in lieu of execution.
אֲמַר לֵיהּ רָבָא: הָא מִדְּתַנָּא דְּבֵי חִזְקִיָּה נָפְקָא. דְּתָנָא דְּבֵי חִזְקִיָּה: ״מַכֵּה אָדָם״ וּ״מַכֵּה בְהֵמָה״.
Rava said to him: That principle is derived from that which the Sage of the school of Ḥizkiyya taught, as the Sage of the school of Ḥizkiyya taught: The verse juxtaposes the cases of one who smites a person, and one who smites an animal (Leviticus 24:21).
מָה מַכֵּה בְהֵמָה לֹא חִלַּקְתָּ בּוֹ בֵּין שׁוֹגֵג לְמֵזִיד, בֵּין מִתְכַּוֵּין לְשֶׁאֵין מִתְכַּוֵּין, בֵּין דֶּרֶךְ יְרִידָה לְדֶרֶךְ עֲלִיָּיה — לְפוֹטְרוֹ מָמוֹן אֶלָּא לְחַיְּיבוֹ מָמוֹן. אַף מַכֵּה אָדָם לֹא תַּחְלוֹק בּוֹ בֵּין שׁוֹגֵג לְמֵזִיד, בֵּין מִתְכַּוֵּין לְשֶׁאֵין מִתְכַּוֵּין, בֵּין דֶּרֶךְ יְרִידָה לְדֶרֶךְ עֲלִיָּה — לְחַיְּיבוֹ מָמוֹן אֶלָּא לְפוֹטְרוֹ מָמוֹן.
Just as in the case of one who smites an animal, you did not distinguish between one who did so unwittingly and one who did so intentionally; between one who acted with intent and one who acted with no intent; between one who smites in the course of a downward motion and one who smites in the course of an upward motion; and in all those cases it is not to exempt him from paying money but rather to obligate him to pay money; so too in the case of one who smites a person: Do not distinguish between one who did so unwittingly and one who did so intentionally; between one who acted with intent and one who acted with no intent; between one who smites in the course of a downward motion and one who smites in the course of an upward motion; and in all those cases it is not to obligate him to pay money but rather to exempt him from paying money. Apparently, one who kills another in any manner is exempt from payment, and therefore no additional verse is required to derive that principle.
אֶלָּא אָמַר רָמֵי בַּר חָמָא, אִיצְטְרִיךְ: סָלְקָא דַּעְתָּךְ אָמֵינָא, הָנֵי מִילֵּי הֵיכָא דְּסִימֵּא אֶת עֵינוֹ וַהֲרָגוֹ בָּהּ. אֲבָל הֵיכָא דְּסִימֵּא אֶת עֵינוֹ וַהֲרָגוֹ בְּדָבָר אַחֵר, אֵימָא נִישְׁקוֹל מָמוֹנָא מִינֵּיהּ. אֲמַר לֵיהּ רָבָא: הָא נָמֵי מֵאִידַּךְ תַּנָּא דְּבֵי חִזְקִיָּה נָפְקָא. דְּתָנָא דְּבֵי חִזְקִיָּה: ״עַיִן תַּחַת עַיִן״, וְלֹא עַיִן וְנֶפֶשׁ תַּחַת עַיִן.
Rather, Rami bar Ḥama said that the phrase “any ḥerem” (Leviticus 27:29) is necessary, as it might enter your mind to say that this halakha, that one who is liable to be executed is exempt from payment, applies only in a case where one blinded another’s eye and killed him with that same blow. However, in a case where one blinded another’s eye and killed him by means of a different blow, say: Let us take money from him to pay the damage inflicted to the eye. Therefore, the verse teaches that this is not the case. Rava said to him: This case of one who blinded another’s eye and killed him is also derived from that which another tanna of the school of Ḥizkiyya taught, as the Sage of the school of Ḥizkiyya taught that the verse states: “An eye for an eye” (Exodus 21:24), from which it may be inferred, but not an eye and a life for an eye. When he gives his life for killing another while blinding him, he need not pay the worth of the eye as well.
אֶלָּא אָמַר רַב אָשֵׁי: אִיצְטְרִיךְ. סָלְקָא דַּעְתָּךְ אָמֵינָא הוֹאִיל וְחִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל מְשַׁלֵּם, קָא מַשְׁמַע לַן. וּלְרַבָּה דְּאָמַר חִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל מְשַׁלֵּם, הַאי ״כׇּל חֵרֶם״ מַאי עָבֵיד לֵיהּ? סָבַר לַהּ כְּתַנָּא קַמָּא דְּרַבִּי חֲנַנְיָא בֶּן עֲקַבְיָא.
Rather, after the Gemara rejected the above explanations, Rav Ashi said: The phrase “any ḥerem” is nonetheless necessary, as it might enter your mind to say: Since it is a novel element that the Torah introduced with regard to the payment of a fine, which is not payment for any damage caused but is a Torah decree, in that case, even though he is killed he pays the fine. Therefore, the verse teaches us that one who is executed is exempt from payment of the fine. The Gemara asks: And according to Rabba, who said that this is indeed the halakha: Since it is a novel element that the Torah introduced with regard to the payment of a fine, even though he is killed he pays the fine, what does he do with this phrase: “Any ḥerem”? The Gemara answers: Rabba holds with regard to this matter in accordance with the opinion of the first tanna, who disagrees with Rabbi Ḥananya ben Akavya and explains that the phrase “Any ḥerem” teaches that the vow one takes to donate the valuation of one being taken to his execution is not binding.
מַתְנִי׳ נַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה — רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר: אֵין לָהּ קְנָס. רַבִּי עֲקִיבָא אוֹמֵר: יֵשׁ לָהּ קְנָס, וּקְנָסָהּ לְעַצְמָהּ.
MISHNA: With regard to a young woman who was betrothed and divorced, and then raped, Rabbi Yosei HaGelili says: She does not receive payment of a fine for her rape. Rabbi Akiva says: She receives payment of a fine for her rape and her fine is paid to herself, not her father, as since she was betrothed and divorced she is no longer subject to her father’s authority.
גְּמָ׳ מַאי טַעְמָא דְּרַבִּי יוֹסֵי הַגְּלִילִי — אָמַר קְרָא: ״אֲשֶׁר לֹא אוֹרָשָׂה״, הָא אוֹרָסָה — אֵין לָהּ קְנָס. וְרַבִּי עֲקִיבָא? ״אֲשֶׁר לֹא אוֹרָשָׂה״ — לְאָבִיהָ, הָא אוֹרְסָה — לְעַצְמָהּ.
GEMARA: What is the rationale for the opinion of Rabbi Yosei HaGelili? It is as the verse states: “If a man finds a young woman who is a virgin who was not betrothed” (Deuteronomy 22:28), from which it may be inferred: If she was betrothed she does not have a fine for rape. The Gemara asks: And how does Rabbi Akiva explain this verse? The Gemara answers that the verse states: If it is a young woman who was not betrothed, the fine is paid to her father, from which it may be inferred: If she was betrothed, the fine is paid to the betrothed woman herself.
אֶלָּא מֵעַתָּה, ״נַעֲרָה״ וְלֹא בּוֹגֶרֶת, הָכִי נָמֵי דִּלְעַצְמָהּ? ״בְּתוּלָה״ וְלֹא בְּעוּלָה, הָכִי נָמֵי דִּלְעַצְמָהּ? אֶלָּא לִגְמָרֵי, הָכָא נָמֵי לִגְמָרֵי!
The Gemara asks: But if that is so, that the inference from the verse is that the fine is levied on one who rapes a young woman and not on one who rapes a grown woman, so too, there is the halakha in the latter case that the fine is paid to the grown woman herself. Similarly, with regard to the inference that the fine is levied on one who rapes a virgin and not on one who rapes a non-virgin, so too, there is the halakha that in the latter case the fine is paid to the non-virgin herself. A distinction of that kind has never been encountered. Rather, with regard to a grown woman and a non-virgin, the rapist is completely exempt from paying the fine; here too, with regard to a betrothed woman, the rapist is completely exempt from paying the fine.
אָמַר לָךְ רַבִּי עֲקִיבָא: הַאי ״לָא אוֹרָשָׂה״ מִיבְּעֵי לֵיהּ לְכִדְתַנְיָא: ״אֲשֶׁר לֹא אוֹרָשָׂה״ — פְּרָט לְנַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה, שֶׁאֵין לָהּ קְנָס, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר: יֵשׁ לָהּ קְנָס, וּקְנָסָהּ לְאָבִיהָ. וְהַדִּין נוֹתֵן: הוֹאִיל וְאָבִיהָ זַכַּאי בְּכֶסֶף קִידּוּשֶׁיהָ, וְאָבִיהָ זַכַּאי בְּכֶסֶף קְנָסָהּ. מָה כֶּסֶף קִידּוּשֶׁיהָ, אַף עַל פִּי שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה — לְאָבִיהָ, אַף כֶּסֶף קְנָסָהּ, אַף עַל פִּי שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה — לְאָבִיהָ.
The Gemara answers: Rabbi Akiva could have said to you that this verse: “Who was not betrothed,” is required by him to teach another halakha that is taught in a different baraita. “Who was not betrothed” (Deuteronomy 22:28) comes to exclude a young woman who was betrothed and divorced and establish that she does not receive payment of a fine for her rape; this is the statement of Rabbi Yosei HaGelili. Rabbi Akiva says: She receives payment of a fine for her rape, and her fine goes to her father, contrary to the ruling attributed to Rabbi Akiva in the mishna. And ostensibly, no verse is required to derive this halakha, as logic dictates that it is so: Since her father is entitled to the money of her betrothal if she is betrothed before she becomes a grown woman, and likewise her father is entitled to the money of her fine; just as the money of her subsequent betrothal as a young woman, even though she was betrothed and divorced, is paid to her father, so too, the money of her fine, although she was betrothed and divorced, is paid to her father.
אִם כֵּן, מָה תַּלְמוּד לוֹמַר: ״אֲשֶׁר לֹא אוֹרָשָׂה״ — מוּפְנֶה, לְהַקִּישׁ לוֹ וְלָדוּן הֵימֶנּוּ גְּזֵירָה שָׁוָה: נֶאֱמַר כָּאן ״אֲשֶׁר לֹא אוֹרָשָׂה״, וְנֶאֱמַר לְהַלָּן ״אֲשֶׁר לֹא אוֹרָשָׂה״. מָה כָּאן חֲמִשִּׁים — אַף לְהַלָּן חֲמִשִּׁים, וּמָה לְהַלָּן שְׁקָלִים — אַף כָּאן שְׁקָלִים.
If so, and the halakha can be logically inferred, why does the verse state: “Who was not betrothed”? This verse is free, as it is superfluous in its own context, and it is written to liken another case to it, and to derive from it a verbal analogy: It is stated here with regard to a woman who was raped: “Who was not betrothed,” and it is stated below: “And if a man seduce a virgin who was not betrothed” (Exodus 22:15). Just as here, with regard to rape, the Torah specifies that the payment is fifty silver pieces (Deuteronomy 22:29), so too below, with regard to seduction, the payment is fifty. And just as below, with regard to seduction, the payment is in shekels, as it is written: “He shall weigh [yishkol] money” (Exodus 22:16), so too here, the payment is in shekels.
וְרַבִּי עֲקִיבָא, מַאי חָזֵית דַּ״אֲשֶׁר לֹא אוֹרָשָׂה״ לִגְזֵירָה שָׁוָה, וּ״בְתוּלָה״ לְמַעוֹטֵי בְּעוּלָה?
The Gemara asks: And Rabbi Akiva, what did you see that led you to utilize the phrase: “Who was not betrothed” for a verbal analogy, and the term “virgin” to exclude a non-virgin from the fine?
אֵימָא: ״בְּתוּלָה״ — לִגְזֵירָה שָׁוָה, וַ״אֲשֶׁר לֹא אוֹרָסָה״ — פְּרָט לְנַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה!
Say to the contrary; the term “virgin,” written with regard to both rape and seduction, is to derive a verbal analogy, and not to exclude a non-virgin, and the phrase “Who was not betrothed” will be interpreted as Rabbi Yosei HaGelili interpreted it, to exclude a young woman who was betrothed and divorced.
מִסְתַּבְּרָא ״אֲשֶׁר לֹא אוֹרָסָה״ לִגְזֵירָה שָׁוָה, שֶׁהֲרֵי אֲנִי קוֹרֵא בָּהּ ״נַעֲרָה בְּתוּלָה״. אַדְּרַבָּה: ״בְּתוּלָה״ לִגְזֵירָה שָׁוָה, שֶׁהֲרֵי אֲנִי קוֹרֵא בָּהּ ״אֲשֶׁר לֹא אוֹרָסָה״! מִסְתַּבְּרָא: הָא אִישְׁתַּנִּי גּוּפַהּ, וְהָא לָא אִישְׁתַּנִּי גּוּפַהּ.
The Gemara answers: It stands to reason that the phrase “Who was not betrothed” is utilized to derive a verbal analogy, and not to exclude one who was betrothed and divorced, as even after the divorce I can still read the phrase “A young woman who is a virgin” as applying to her. The Gemara asks: On the contrary, utilize the term virgin to derive a verbal analogy, as even if she is not a virgin, I can still read the phrase “Who was not betrothed” as applying to her. The Gemara answers: It stands to reason that the term “virgin” excludes a non-virgin, and the phrase “Who was not betrothed” is utilized to derive a verbal analogy, as this woman who engaged in relations, her body changed, and that woman who was betrothed and divorced, her body did not change, and therefore her status with regard to the fine should similarly not change.
וְרַבִּי יוֹסֵי הַגְּלִילִי הַאי סְבָרָא מְנָא לֵיהּ? נָפְקָא לֵיהּ מִדְּתַנְיָא: ״כֶּסֶף יִשְׁקוֹל כְּמוֹהַר הַבְּתוּלוֹת״, שֶׁיְּהֵא זֶה כְּמוֹהַר הַבְּתוּלוֹת, וּמוֹהַר הַבְּתוּלוֹת כָּזֶה.
The Gemara asks: And from where does Rabbi Yosei HaGelili derive this conclusion with regard to the amount of the payment for seduction and the type of money used in the payment for rape? The Gemara responds: He derives it from that which was taught in a baraita that it is written with regard to seduction: “He shall weigh money like the dowry of the virgins” (Exodus 22:16), from which it is derived that this fine for seduction will be like the dowry paid to the virgins elsewhere for rape, fifty silver coins, and the dowry paid to the virgins for rape will be like this fine for seduction in shekels.
קַשְׁיָא דְּרַבִּי עֲקִיבָא אַדְּרַבִּי עֲקִיבָא. תְּרֵי תַּנָּאֵי וְאַלִּיבָּא דְּרַבִּי עֲקִיבָא.
§ The Gemara comments: It is difficult as there is a contradiction between one statement of Rabbi Akiva and another statement of Rabbi Akiva. In the mishna he ruled that the fine for the rape of a young woman who was betrothed and divorced is paid to the woman, and in the baraita he ruled that it is paid to her father. The Gemara answers: These are conflicting traditions of two tanna’im in accordance with the opinion of Rabbi Akiva.
בִּשְׁלָמָא רַבִּי עֲקִיבָא דְּמַתְנִיתִין, לָא אָתְיָא גְּזֵירָה שָׁוָה וּמַפְּקָא לֵיהּ לִקְרָא מִפְּשָׁטֵיהּ לִגְמָרֵי. אֶלָּא לְרַבִּי עֲקִיבָא דְּבָרַיְיתָא, אָתְיָא גְּזֵירָה שָׁוָה וּמַפְּקָא מִפְּשָׁטֵיהּ לִגְמָרֵי.
The Gemara observes: Granted, the statement of Rabbi Akiva of the mishna is reasonable, as a verbal analogy does not come and divert the verse from its plain meaning entirely. The plain meaning of the phrase: “Who was not betrothed” is that there is a difference between a young woman who was betrothed, who receives payment of the fine, and one who was not, whose father receives payment of the fine. However, according to Rabbi Akiva of the baraita, does a verbal analogy come and divert the verse from its plain meaning entirely, and teach that there is no difference at all between a young woman who was betrothed and one who was not?
אָמַר רַב נַחְמָן בַּר יִצְחָק: קְרִי בֵּיהּ ״אֲשֶׁר לֹא אֲרוּסָה״. אֲרוּסָה בַּת סְקִילָה הִיא! סָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל וְחִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל — מְשַׁלֵּם.
Rav Naḥman bar Yitzḥak said: Interpret the verse as: Who is not betrothed. It does not mean that the young woman was not betrothed in the past, rather, that she is not currently betrothed. The Gemara asks: There is no need for a verse to derive that the rapist is exempt from paying a fine if the young woman is betrothed, as the rape of a betrothed young woman is punishable by stoning, and the rapist is certainly exempt from paying the fine. The Gemara answers: As it might enter your mind to say: Since it is a novel element that the Torah introduced with regard to the payment of a fine, even though he is killed he pays the fine. Therefore, the verse teaches us that one who is executed is exempt from payment of the fine.
וּלְרַבָּה דְּאָמַר חִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בִּקְנָס, אַף עַל גַּב דְּמִיקְּטִיל מְשַׁלֵּם, מַאי אִיכָּא לְמֵימַר? סָבַר לַהּ כְּרַבִּי עֲקִיבָא דְּמַתְנִיתִין.
The Gemara asks: And according to Rabba, who said that this is indeed the halakha: Since it is a novel element that the Torah introduced with regard to the payment of a fine, even though he is killed he pays the fine, what is there to say? What is derived from the verse that says that there is no fine if the young woman is betrothed? The Gemara answers: Rabba holds in accordance with the opinion of Rabbi Akiva of the mishna, who interpreted the verse as it is written, meaning that it is referring to one who was betrothed and divorced.
תָּנוּ רַבָּנַן: קְנָסָהּ לְמִי, לְאָבִיהָ. וְיֵשׁ אוֹמְרִים: לְעַצְמָהּ. לְעַצְמָהּ אַמַּאי! אָמַר רַב חִסְדָּא: הָכָא בְּנַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה עָסְקִינַן, וְקָמִיפַּלְגִי בִּפְלוּגְתָּא דְּרַבִּי עֲקִיבָא דְּמַתְנִיתִין וְרַבִּי עֲקִיבָא דְּבָרַיְיתָא.
The Sages taught: With regard to a young woman who was raped, to whom is her fine paid? It is paid to her father; and some say: It is paid to her. The Gemara asks: To her? Why? The verse explicitly states that the fine is paid to her father. Rav Ḥisda said: Here we are dealing with a young woman who was betrothed and divorced, and these tanna’im in the baraita disagree in the dispute between Rabbi Akiva of the mishna and Rabbi Akiva of the baraita, with regard to whom the rapist pays the fine in that case.
אָמַר אַבָּיֵי: בָּא עָלֶיהָ וּמֵתָה — פָּטוּר, שֶׁנֶּאֱמַר: ״וְנָתַן לַאֲבִי הַנַּעֲרָה״ — וְלֹא לַאֲבִי מֵתָה. מִלְּתָא דִּפְשִׁיטָא לֵיהּ לְאַבָּיֵי, מִיבַּעְיָא לֵיהּ לְרָבָא.
§ Abaye said: If one had intercourse with a young woman, and she died before he was sentenced, he is exempt from paying the fine, as it is stated: “And the man who lay with her shall give to the father of the young woman” (Deuteronomy 22:29), from which it is inferred, and not to the father of a dead girl. The Gemara comments: This matter that was obvious to Abaye was raised as a dilemma to Rava.
דְּבָעֵי רָבָא: יֵשׁ בֶּגֶר בַּקֶּבֶר, אוֹ אֵין בֶּגֶר בַּקֶּבֶר? יֵשׁ בֶּגֶר בַּקֶּבֶר — וְדִבְנָהּ הָוֵי, אוֹ דִלְמָא: אֵין בֶּגֶר בַּקֶּבֶר, וּדְאָבִיהָ הָוֵי.
As Rava raised a dilemma: Is there achievement of grown-woman status in the grave or is there not achievement of grown-woman status in the grave? The halakha is that if a young woman is raped and the rapist did not pay the fine until she became a grown woman, the rapist pays the fine to her and not to her father. Rava’s dilemma is in a case where a young woman dies and her rapist was convicted only after the time elapsed that were she alive she would have reached grown-woman status. Is there achievement of grown-woman status in the grave, and therefore she is entitled to the fine and it is the property of her son as his mother’s heir? Or perhaps there is no achievement of grown-woman status in the grave, and the fine is the property of her father, as she was a young woman when she died.
Follow
