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Mishnah 1: the Following Adolescent Girls1 Can Claim a Fine: from Someone Who Has Intercourse with a Bastard Girl2, Or a Gibeonite Or A

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Mishnah 1: the Following Adolescent Girls1 Can Claim a Fine: from Someone Who Has Intercourse with a Bastard Girl2, Or a Gibeonite Or A wbv pis nvwa iVn ro>nin ty) Ji-npon ϊα Min 03)7 in!? nil),!? M njW3 (fo1· 27a> nn?vyn π>ιιψ'η ^ rnvan ty κήτη irrnsn JiinN; !?in ininNi ton .hw dvi νϊν rm^p riimna mnoriWl ϊΜ i>in ηψΝ νηκ ηψκ ^ϋ"! ίηνρκ ηίηκ ιών ηίηΝΐ ^ϋ] νηκ .Vi η>5 nri'p ins ρκ πίι3'ΓΙ·Ι ιηψ ϊα IN ϋ3(7 ID1? w1 rmn Mishnah 1: The following adolescent girls1 can claim a fine: From someone who has intercourse with a bastard girl2, or a Gibeonite or a Samaritan girl, and one who comes to a female proselyte, a kidnap victim, or a slave girl who was redeemed, converted, or freed, at less than three years and one day of age3. Also from one who has intercourse with his sister, or his father's sister, or his mother's sister, or his wife's sister, or his brother's wife4, or his paternal uncle's wife5, or a menstruating girl; he has to pay the fine since it is not a capital crime6 even though he is subject to extirpation. 1 The biblical law prescribes adolescent is not mentioned; but since (.Deut. 22:28-29) that the man raping it is stated that the father has the right nVwu rnyj "a virgin adolescent girl" has to withhold her from the seducer, it to pay her father 50 seqel and must follows that the girl cannot be an adult; marry her. In the corresponding law she must be underage or adolescent. about the seducer of a virgin (Ex. An adolescent is a girl in the first 6 22:15) he has to pay if he does not months after she grows two pubic marry the girl. In that paragraph, the hairs, cf. Nedarim Chapter 10, Note 1. 128 KETUBOT CHAPTER THREE The age at which the fine can be 3 Cf. Mishnah 1:2. claimed is the topic of Halakhah 3:9. 4 If she was divorced or became a 2 Obviously, one who rapes or widow before the final marriage. The seduces an eligible Jewish girl has to preliminary marriage activates all pay. The Mishnah enumerates only incest prohibitions implied by those categories where there might be marriage. an argument that he should not be 5 But for a capital crime he does required to pay. Each category is not pay since there cannot be two discussed in the Halakhah. A bastard punishments for one crime. Extirpation is excluded from contracting a valid is a divine punishment, outside the marriage in the native congregation in purview of a human court. Deut. 23:3. Ν'ΓΙψ riWN .DWN> τηηπ i!r) .'tro niiy? ft~>H :N 713*T1 (27a line 46) !7ίρψ> λεν \y>p!? ·)3 liypw '3"! -ft n>W| N>n rosoioi .ft rpiN-j n>n ftm .N-pyt >n ION .nam ritoim IND ran .ntoiran mios TT · τ ^ : · · - τ ν:- : ' τ τ · •)3ίϊμ ran Ν!? .niinn^n -inio? n^ri? .ninnios ri^ini hud ·)ΝΟ ON .Π'ΡΪΠ ·>3ΠΤ ,ΚΤΠ ΠΙΟΝ NT »1 ,ΊΊΪΊ tÖΝ 21Π3Π ' ·· τ : ι ·· τ τ' · ·· - : τ τ τ : ιτ τ - ~ : · ~ τ ν τ - •))? ϋΝψ ,Π'ΙΝ "IN'Ö^ Ν^Ν ft .η^ΙΝ ft νπ> 6(ν» nnpwn Nan .οίρο-^α ·)νο -ipto n»>ri -»0Ü7 -NOBRT ,ι^η ΝΠ> N>piT>f NNPVYN ΪΧ ΚΗΗ Λ-ΙΙΗ ΓΡ> .top n'l? I'nw ΓΡΏΊΝ nnaw ΓΙΝ*·> .ra n"in ft vy»vy ΠΝ .nwiO ft η·ηπο> ιηο • ·· ν τ -! τ : · ττ τ ττ-: ·· ν ν τ · τ ·.· τ: τ Η·>ηϋ .top D-7\i>>? Νίτη πι n^irj ft inin^f nr] ."iii'nn .πι τνηο "IHN ϊχη n»ir] Tft \y> inn ηπ .ΙΠΝ ϊχκ n»)n ift Ν>Π wail ι^ηηαττϊοψ i^nipp κιπψ .top m Halakhah 1: "The following adolescent girls," etc. It is written7: "She should be his wife," one who can be his wife8. Can the bastard girl be his wife? Rebbi Simeon ben Laqish said, "he should weigh silver appropriate HALAKHAH1 129 for the bride-price of virgins9", that added many virgins. Rebbi Ze'ira said, if it had said "virgin's brides-prices"; but it says only "appropriate for the bride-price of virgins"; the verse added them only for the bride-price10. But where was this said11? As Hizqiah stated: "If refusing her father should refuse9," not only if her father refuses; from where even if from Heaven they refuse12? The verse says "refusing should refuse", in any case. But then a man who has intercourse with a slave girl should pay the fine! This is impossible, as it was stated: I could think that one who has intercourse with a Gentile slave-girl should be obligated, the verse says, "by bride-money he should take her as a wife to himself." Only one whom he can marry; this excludes the Gentile slave whom he cannot marry13. But he cannot marry his sister and he pays the fine! There is a difference since she can be married to others. But his daughter can be married to others and he does not pay the fine14! There is a difference since it is a capital crime and nobody who commits a capital crime pays money15. 6 This word is in the ms. and Jewish girl. The question is asked in editio princeps but should be deleted. the Babli, 29b. 7 Deut. 22:29, speaking of the 9 Ex. 22:16, speaking of the rapist. seducer. In the Babli, 29b, R. Simeon 8 This argument will be used at ben Laqish argues differently. the end of the paragraph to exclude 10 It implies only that even a the slave-girl from consideration since virgin disqualified in general still has a she cannot legally marry anybody. The claim to a full ketubah\ e. g., if a bastard can legally marry a proselyte bastard girl marries a proselyte. or another bastard (Mishnah Qiddusin 11 That the fine must be paid. 4:1). The inverse question could be 12 By a biblical prohibition. asked if a bastard rapes a regular 13 While the Gentile slave-girl of a 130 KETUBOT CHAPTER THREE Jewish owner becomes pseudo-Jewish Halakhah 1:4, Notes 181-184. by baptism in a miqweh, she would be 14 Mishnah 3:2. able to contract a marriage only by 15 Even if he cannot be convicted manumission by which she would because there were no two eye- become a full-fledged proselyte. Cf. witnesses to the act. '^t?? DWD Nl?N wn D>i>Tl? ,·>ρν -ΙΙΟΚ .rO'Tl? (27a line 59) to γρπ' η1? ro>ri?n ϊχ fan nri^n .imny owp ,ιο>γι ηκ .nnayo .si;? to Π3>π3π ^ κιη ."i^iro .0557 "The Gibeonite." Rebbi Yose said, they were worried about them only because of the detriment to the families16. Could you not say, because of the disability of slaves17? If that were true, one who cohabits with a Gibeonite would not be subject to a fine18; but we have stated: One who cohabits with a Gibeonite is subject to a fine19. 16 Gibeonites are descendants of (Jos. 9:21) imply that they had servile genuine proselytes; they are only status? Since nowhere in the Bible we excluded from intermarrying with Jews hear that they were freed, their because they are considered descendants then would still be slaves undesirable. The extended discussion and unable to contract marriages. of the problem of Gibeonites is in 18 Mishnah 3:2. Qiddusin 4:1. 19 Therefore, even in the time of 17 Would the fact that the Joshua the Gibeonites were subordinate Gibeonites were "wood cutters and but not servile. water drawers for the congregation" INOD D"13 .*m"!?D> !?ίθψ>:> >ΓΠ3 .nm-J N'JIN .rpJTO (27a line 62) •pypw lan .·>3ΐ nai ,·>ί>ρ IJTD .^toan^ ,νιι Ν'!? ,·>ί>ρ 'JIIS ,ΊΟΝ^ D>3113 .mo .ΗφΤ) to>3l* .111 ^ΝΊψρ '3113 .ΊΟίΝ twtopj iwnvy? na Nan Ti^n D1Vii>? ."itoit?? in na owp HALAKHAH 1 131 ΓΡ> -την JIN nnavpn ίκ .wp rb w iriypei .^pr? ι^ηπ iny top -|>>3V> "»Wo τ^ηπ ϊΚΊψ τη ty Nan τ;ΐ}η 'ia .•>iJ ι!?ηη rpian ty Nin "A Samaritan." That follows him who said, a Samaritan is a like full Jew. But for him who says that a Samaritan is like a Gentile, it is not so. As they disagreed20: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel said, a Samaritan is like a Jew in every respect. Even if you say, a Samaritan is like a Gentile, why are Samaritans disqualified? Not because of a Gentile and a slave21? If a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard22. But a bastard girl can claim a fine! For restrictions or family relations you consider him a Gentile or a slave who had intercourse with a Jewish woman; the child is a bastard. But for a fine you consider this as a Jew having intercourse with a Gentile woman, in which case the child is a Gentile23. 20 Cf. Demay 3:4, Note 98; there since the child of a Jewish Berakhot 7:1, Note 59. woman from a Gentile, together with 21 Since 2K. 17, 24ff. clearly states her mother, is disqualified from that the settlers from Babylon, Kuta, priesthood but not a bastard (Notes etc. at the start were idolators; if they 130,131). intermarried with the remainders of 23 The separation from Samaritans the Israelite populations there, their is purely one of practice, with no descendants all acquired the status of theoretical basis, and disapproved of descendants of Gentiles (or slaves) by the Mishnah.
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