אף קנס במקום מכר.
There is a fine even in a place where there is sale. That is, not only can a minor girl from the age of 3 be sold until she matures, but she also receives payment of the fine.
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אף קנס במקום מכר.
There is a fine even in a place where there is sale. That is, not only can a minor girl from the age of 3 be sold until she matures, but she also receives payment of the fine.
והני בני קנסא נינהו? ואמאי? איקרי כאן: ״ולו תהיה לאשה״, אשה הראויה לו! אמר ריש לקיש: ״נערה״, ״נערה״, ״הנערה״. חד לגופיה, וחד לאתויי חייבי לאוין, וחד לאתויי חייבי כריתות.
§ The Talmud questions the basic halakha that one who rapes young women of flawed lineage is liable to pay the fine: And are these young women entitled to the fine? But why? I read here with regard to a rapist: “And to him she should be as a wife” (Deuteronomy 22:29), from which the rabbis derived that only a wife who is suitable for him is eligible to receive payment of a fine from a rapist. Reish Lakish said that one verse states: “If a man finds a young woman” (Deuteronomy 22:28), and another states: “And he should give to the father of the young woman” (Deuteronomy 22:29). This is tantamount to 3 mentions: Young woman, young woman, the young woman, as the superfluous definite article is interpreted as a third mention of the term. One mention is required to teach the matter itself, that one who rapes a young woman is liable to pay a fine; and one is to include payment of a fine to those young women for whose rape one is liable for violating prohibitions; and one is to include payment of a fine to those young women for whose rape one is liable to receive karet.
רב פפא אמר: ״בתולה״, ״בתולות״, ״הבתולות״. חד לגופיה, וחד לאתויי חייבי לאוין, וחד לאתויי חייבי כריתות.
Rav Pappa said: This is derived from the halakha of the seducer, as the verses state: “And if a man seduce a virgin…he should weigh money like the dowry of the virgins” (Exodus 22:15–16). This is tantamount to 3 mentions: Virgin, virgins, the virgins. One mention is required to teach the matter itself; and one is to include those young women for whose rape one is liable for violating prohibitions; and one is to include those young women for whom one who rapes them is liable to receive karet.
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.