Keritot 11A

שעשה בה את המזיד כשוגג.

That the Torah established her status so that the one who has sex with her intentionally is like the one who does so unwittingly, as both are liable to bring a guilt offering, whereas one who has sex with those with whom sex are forbidden is liable to bring a sin offering only when he does so unwittingly.

איזו שפחה? כל שחציה שפחה וחציה בת חורין, שנאמר: ״והפדה לא נפדתה״, דברי רבי יהודה. רבי ישמעאל אומר: זו היא שפחה ודאית. רבי אליעזר בן יעקב אומר: כל עריות מפורשות, ושיור אין לנו אלא חציה שפחה וחציה בת חורין.

Who is the espoused female slave in question? It is any woman who is half-female slave half-free woman, i.e., a female slave who belonged to two masters, one of whom liberated her, as it is stated: “And she was redeemed and not redeemed” (Leviticus 19:20), which means that she was partially but not completely redeemed. This is the statement of R' Yehuda. R' Yishmael says: An espoused female slave is a full-fledged female slave whose status is certain, as the language of the verse does not mean redeemed and not redeemed; it is simply a way of stating that she was not redeemed. R' Eliezer ben Ya’akov says: All those with whom sex are forbidden are enumerated in the Torah, and we have no exception other than one who is half-female slave half-free woman.

גמ׳ מנלן דהיא לקי[א] והוא לא לקי? דתנו רבנן: ״בקורת תהיה״⁠ – מלמד שהיא לוקה. יכול שניהן לוקין? תלמוד לומר: ״תהיה״⁠ – היא לוקה והוא אינו לוקה.

Talmud: The Mishnah teaches that in the case of an espoused female slave the Torah did not equate the man with the woman. The Talmud asks: From where do we derive that she is flogged and that he is not flogged? As A baraita states: The verse states: “And if a man lies carnally with a woman, and she is a female slave designated for a man…there should be an inspection [bikkoret tihye]” (Leviticus 19:20). This teaches that she is flogged. And as one might have thought that both are flogged, the verse states: “There should be [tihye],” in the feminine, to teach that she is flogged and he is not flogged.