Arakhin 15A

Study Arakhin folio 15A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

אילו באו עליה שנים, אחד שלא כדרכה ואחד כדרכה, יאמרו: בעל פגומה ⁠— חמשים, בעל שלמה ⁠— חמשים?

Had two men engaged in forced sex with her, one in an atypical manner, i.e., anal sex, leaving her hymen untouched, and one in a typical manner, vaginal sex, in which case the second man pays the fine, people will say: Does it make sense that one who engaged in forced sex with a tainted woman, who has had anal sex, pays 50 sela, and one who engaged in forced sex with an untainted virgin also pays 50 sela? Apparently, the 50 sela is the fixed sum of the fine, while the rest of the payment varies on a case-by-case basis.

אמר ליה אביי: אי הכי, גבי עבד נמי יאמרו: עבד בריא ⁠— שלשים, עבד מוכה שחין ⁠— שלשים!

Abaye again said to Rav Zeira: If so, the same claim can be applied with regard to a slave who is killed by an ox. People will say: Does it make sense that a healthy slave is worth 30 sela and a slave afflicted with boils is also worth 30 sela? Yet the Mishnah clearly indicates that there is no distinction, as the Torah states a fixed amount.

אלא אמר אביי, אמר קרא ״תחת אשר ענה״, מכלל דאיכא בושת ופגם.

Rather, Abaye said that the reason the payment of 50 sela does not cover all forms of damage is that the verse states: “Then the man that lay with her should give to the young woman’s father 50 silver shekels, and she should be his wife, because he tormented her; he may not send her away all his days” (Deuteronomy 22:29). This means that the payment is only for the torment, i.e., the rape. It may be inferred that there are additional payments for humiliation and degradation, beyond payment of the fine.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.