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12th CYCLE DEDICATION
KESUVOS 38 - Dedicated by Reb Avraham Tallant in memory of his mother, Basya bas Reb Shalom Shachna, who passed away on 13 Tishrei 5768. Arriving in America before WW II, Mrs. Tallant remained true to her religion through very trying times and raised her family on the principles of the Torah.
If one kills another unintentionally b'Derech Aliyah, he is exempt from Galus.
One who damages an animal is obligated to pay the owner, whether he did so intentionally or not.
One who kills a person is exempt from any payments, regardless of whether the killing was b'Derech Yeridah or b'Derech Aliyah.
If one knocks out his friend's eye with one hand and kills him with the other, he is exempt from paying for the eye. (1)
Rabah: A person pays a Knas even if he is Chayav Misah.
Rebbi Yosi ha'Glili: If a Na'arah is divorced from Eirusin, no Knas is paid. (2)
A man who rapes a Bogeres or a Be'ulah does not have to pay a Knas.
The father of a Na'arah receives the money of her Kidushin.
One who rapes or seduces a Na'arah must pay a Knas of fifty Shekalim.
If one rapes an Arusah, he is Chayav Sekilah.
Abaye: If a man seduces or rapes a girl and she subsequently dies, he is exempt from paying a Knas.
A BIT MORE
1. He does not pay because he is Chayav Misah.
2. Rebbi Akiva: She receives the Knas, and not her father.
KNAS IN CONTRAST TO BOSHES AND PEGAM
Rebbi Akiva maintains that a Na'arah who is divorced from Eirusin receives the money of a Knas, and not her father. The Rambam says that she receives only the Knas, but the Boshes and Pegam are paid to her father. The Rosh argues and says that the Na'arah receives the Boshes and Pegam as well. The reason is that the Torah compares Knas to Boshes and Pegam; therefore, whenever the father receives the Knas, he receives the Boshes and Pegam as well, and whenever he does not receive the Knas, he also does not receive the Boshes and Pegam.
A NA'ARAH WHO IS DIVORCED FROM EIRUSIN
If a Na'arah is divorced from Eirusin only the Knas is paid to her. If she was raped and subsequently she did Eirusin, the Knas and the other payments are paid to her father, because Eirusin does not take her out of the possession of the father. (Rambam Hilchos Na'arah 2:16)
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