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Text Excerpt
מעשה ידיה ומציאתה, אף על פי שלא גבתה, מת האב — הרי הן של אחין.
By contrast, with regard to her earnings and the lost items that she has found, although she has not collected them, e.g., she had yet to receive her wages, if the father died they belong to her brothers. These payments are considered the property of their father, as he was entitled to them before he passed away.
גמ׳ מאי קא משמע לן? תנינא: המפתה נותן שלשה דברים, והאונס ארבעה. המפתה נותן בושת ופגם וקנס, מוסיף עליו אונס שנותן את הצער! לאביה איצטריך ליה. לאביה נמי פשיטא, מדקא יהיב מפתה, דאי לעצמה — אמאי יהיב מפתה? מדעתה עבד!
Talmud: The Talmud asks: What is the Mishnah teaching us? We already learned this in a Mishnah (Ketubot 39a): The seducer pays 3 types of indemnity and the rapist pays 4. The seducer pays compensation for his victim’s humiliation and degradation and for the fine the Torah imposes on a seducer. A rapist adds an additional payment, as he pays compensation for the pain she suffered. The Talmud answers: It is necessary for the Mishnah to teach that the money is given to her father. The Talmud asks: It is also obvious that the money goes to her father, from the fact that a seducer pays these types of indemnity, as, if one claims that the money goes to her, why does a seducer pay her at all? After all, he acted with her consent; how can she then claim compensation?
עמדה בדין איצטריכא ליה, פלוגתא דרבי שמעון ורבנן.
The Talmud answers: It was necessary for the Mishnah to mention these cases in order to address the case where she stood for judgment before her father died, and then he died before collecting payment. In this case, there is a dispute between R' Shimon and the Rabbis as to whether the sons inherit these payments from the father or whether the money belongs to the young woman.