Ketubot 29a (כט.) — the Talmud in English

Mishna:

These

are the

young women

who are virgins

for whom there is a fine

of fifty silver coins if a man rapes or seduces them, even though they are unfit for him to marry and the mitzva to marry them as wives does not apply to him.

A. Young women who are forbidden to the men who have relations with them by a prohibition:

One who has relations with a mamzeret,

thereby violating the prohibition: "A mamzer [and likewise a mamzeret] shall not enter the assembly of the Lord."

And with a netina,

a female descendant of the Gibeonites, who is forbidden to enter the assembly because David decreed this prohibition upon them.

And with a Cuthite,

a daughter of the Cuthite nation, whose members converted because of fear of the lions that had been sent against them.

According to the tanna of our Mishna, "They are converts because of lions": they are not considered genuine converts, but are gentiles, and are forbidden by the prohibition "You shall not intermarry with them."

B. Young women who are considered virgins despite having had relations:

One who has relations with a female convert, or with a captive

[who was captured among the gentiles],

or with a maidservant who were redeemed, converted, or freed

when they were

less than three years and one day old,

and they grew up and became young women: although these women are presumed to have had relations while they were not Jewish, nevertheless one who has relations with them is liable to pay a fine, like one who has relations with a virgin, since even if they had relations at that time, their virginity would have returned before they reached the age of three.

But if they were redeemed, converted, or freed when they were more than three years and one day old—when they were already physically capable of intercourse in their gentile state [or while they were captives or maidservants]—then, if they had relations, their virginity does not return, and they have no fine, since they are presumed to have had relations, as will be explained in the next Mishna.

C. Young women who are forbidden to the men who have relations with them and for whom he is liable to receive karet:

And likewise,

one who has relations with his sister—

a young woman who is a virgin—who is liable to receive karet for her.

And with his paternal aunt and his maternal aunt,

for whom he is liable to receive karet.

And with his wife's sister,

who is subject to karet.

And with his brother's wife,

who was betrothed to his brother—but had not yet married him and is still a virgin—and his brother divorced her, so that she is no longer a married woman and is forbidden to his brother only because of the prohibition against a brother's wife, which is punishable by karet.

And with his paternal uncle's wife,

who was betrothed to his paternal uncle, and his paternal uncle divorced her before the marriage, so that she is forbidden to the man who has relations with her by a prohibition punishable by karet.

And with a menstruant,

for one who has relations with her is liable to receive karet.

All these women

have a fine—

because

although they are subject to karet

[as expressed by the verse, "The soul shall be utterly cut off"],

they are not subject to the death penalty from the court,

which would exempt him from the fine under the principle of "kim lei bidraba minei," leaving him only with the severe punishment of death and not punishing him with the lenient monetary punishment.

Gemara:

We learned in the Mishna: "These are the young women for whom there is a fine: one who has relations with a mamzeret, with a netina, or with a Cuthite."

The Gemara is puzzled by the wording of the Mishna, "These are the young women," which apparently means that only these women have a fine, but no others:

Could it be that only

these unfit young women

[a mamzeret, a netina, and a Cuthite]

have a fine,

whereas

fit young women do not

receive a fine?!

We answer:

This is what

the tanna of the Mishna

said: "These are the unfit young women for whom there is a fine,"

even though they are unfit for him to marry—

one who has relations with a mamzeret, with a netina, and with

a Cuthite.

a Cuthite. Ritba wrote: "This is what he said: 'These are unfit young women.' That is, not that all of them are unfit, for a female convert and a captive who are less than three years old are fit even for priesthood";

The Gemara further infers from the wording of our Mishna, which states: "These are the young women":

If one has relations with the

young woman, there is

indeed a fine due to her.

But if one has relations with the

minor, no!

See in Tosafot and in what Shita Mekubetzet brought to explain the Gemara's precise wording, for according to the plain understanding the inference is not compelled, since the verse also states "young woman," and what is stated in the verse is stated in the Mishna.

We inquire:

Who is the tanna?

According to which tanna was our Mishna taught, that a minor has no fine?

Rav Yehuda said in the name of Rav:

It was stated according to the view of

Rabbi Meir

.

For we find in a beraita that, according to Rabbi Meir, a minor has no fine; only a young woman has a fine.

As it was taught: "A minor,

who is

from one day old until she develops two pubic hairs

and becomes a young woman—

her father has the right to sell her—

her father may sell her to become a Hebrew maidservant.

But she has no fine—

no fine is paid to her father on her behalf if she was raped or seduced.

And

a young woman, who is

from the time she develops two pubic hairs until she reaches maturity

[six months after developing two pubic hairs]—

has a fine—

if she was raped or seduced, the fine is paid to her father.

But her father has no right to sell her —

as a Hebrew maidservant.

These are the words of Rabbi Meir!

For Rabbi Meir would say: Wherever there is

a

right of sale

for the father to sell his daughter as a Hebrew maidservant [that is, while she is a minor]—

there is no

obligation of

a fine

for raping or seducing her.

And wherever there is a fine

[when she is a young woman]—again,

there is no

possibility for her father to

sell her.

And the Sages say:

A minor,

who is

from three years and one day old,

when she is already physically capable of intercourse,

and

likewise a young woman,

until she reaches maturity—

has a fine,

and the fine belongs to her father.

The Gemara infers from the wording of the beraita in the statement of the Sages that a minor beginning at the age of three years has "a fine," and asks:

Could it be that she has

a fine, but not

—indeed, she has a fine while she is a minor—whereas

sale

as a Hebrew maidservant

does not

apply to her, even though she is still a minor and has not yet developed two pubic hairs?!