יום ד', פרשת עקב
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- Summary of the Daf
- The handiwork and findings of a Na'arah belong to her brothers in the event that her father is not alive.
A man who seduces a Na'arah pays Boshes, Pegam, and Knas to the father. A rapist must also pay for Tza'ar.
Tana Kama: A man who vows that he did not rape a Na'arah and subsequently admits to it is obligated to bring a Korban Asham.
Once the Beis Din rules that one is Chayav to pay a Knas, it is regarded as an obligation of Mamon.
Rebbi Shimon: A person does not bring an Asham Gezeilos for denying a rape, for denying that his ox killed a servant, or for blinding a servant.
Rabanan: A person brings an Asham Gezeilos if he denies something that has a Chiyuv Kefel or a payment of Arba'ah v'Chamishah.
Rebbi Shimon: One does not bring an Asham Gezeilos even for denying a Knas, after the Beis Din has already ruled that he is Chayav.
Rebbi Shimon: If the father did not collect the Knas before he died, the Knas is paid to the daughter.
- Brief Insight
PAYMENT FOR PAIN
The Gemara says that the payment for the pain of a Na'arah who was raped is given to the father. The Ramban asks that the Gemara in Bava Kama says that a person who wounded a Na'arah gives the payment for the Tza'ar to the Na'arah, not to the father. Since she suffered the physical pain, the Torah does not grant the father the payment. The Ramban answers that the payment for the pain of a wound is given to the Na'arah because the father does not have the right to wound his daughter, but the payment for the pain of forced relations is given to the father because the Torah grants the father the right to marry her off, and in this sense it is as if he can force her to have relations with somebody against her will.
- Quick Halachah
A VOW ON A KNAS AND ON MAMON
One who claims from his friend both a Knas, which is not paid if the defendant admits to it, and Mamon, and the friend denies the entire claim and makes an oath, the Chiyuv of a Shevu'as ha'Pikadon applies. What is the case? If a person claims that someone raped or seduced his daughter and the accused denies it and makes an oath, the Chiyuv of a Shevu'as ha'Pikadon applies. Even though one does not pay a Knas on the basis of his own admission, one does pay the Boshes and Pegam if he admits to them. (Rambam, Hilchos Shevu'os 8:2)
The Gemara says that a Na'arah who was seduced foregoes the payments that are owed to her, because she consented to the act. Does she forego only the Boshes and Pegam, but since the Knas is a Gezeiras ha'Kasuv she cannot forego it, or does she also forego the Knas?
- Author's Suggestion
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