Study Ketubot folio 29A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
אלו נערות שיש להן קנס: הבא על הממזרת ועל הנתינה ועל הכותית, הבא על הגיורת ועל השבויה ועל השפחה שנפדו ושנתגיירו ושנשתחררו, פחותות מבנות שלש שנים ויום אחד.
Mishnah: These are the cases of young women for whom there is a fine paid to their fathers by one who rapes them: One who has sex with a mamzeret, or with a Gibeonite woman [netina], who are given [netunim] to the service of the people and the altar (see Joshua 9:27), or with a Samaritan woman [kutit]. In addition, the same applies to one who has sex with a female convert, or with a captive woman, or with a female slave, provided that the captives were ransomed, or that the converts converted, or that the female slaves were liberated when they were less than 3 years and one day old, as only in that case do they maintain the presumptive status of a virgin.
הבא על אחותו, ועל אחות אביו, ועל אחות אמו, ועל אחות אשתו, ועל אשת אחיו, ועל אשת אחי אביו, ועל הנדה — יש להם קנס, אף על פי שהן בהכרת — אין בהן מיתת בית דין.
Similarly, one who has sex with his sister, i.e., he rapes her, or with his father’s sister, or with his mother’s sister, or with his wife’s sister, or with his brother’s wife, or with his father’s brother’s wife after they divorced, or with a menstruating woman, there is a fine paid. Although there is karet for having sex with any of the women enumerated in this list, one is liable to pay the fine because there is no court-imposed capital punishment. In cases where there is a court-imposed death penalty, the rapist would be exempt from paying the fine.
גמ׳ הני נערות, פסולות אית להו קנס, כשירות לא?! הכי קאמר: אלו נערות פסולות שיש להם קנס — הבא על הממזרת ועל הנתינה ועל הכותית.
Talmud: The Talmud wonders: Is it these young women with flawed lineage listed in the Mishnah, for whom there is a fine paid if they are raped, while for young women with unflawed lineage, no, there is no fine? The Talmud explains that this is what the tanna is saying: These are the young women with flawed lineage for whom there is a fine paid if they are raped. This is not a comprehensive list; rather, the tanna enumerates those young women for whom a fine is paid despite their flawed lineage: One who has sex with a mamzeret, or with a Gibeonite woman, or with a Samaritan woman.