More Discussions for this daf
1. The Korban brought for Shevu'as Bituy 2. Korban For A Tvul Yom 3. The reason for different punishments for the man and woman in the case of Shifchah Charufah
4. Tevul Yom k'Zav 5. Confusion About the Maskana of the Gemara in Light of the Mishnah 6. כבש בן שנתו
DAF DISCUSSIONS - KERISUS 10

M. Kaplan asked:

The Mishnah in Kerisus (10b) teaches that one who has relations with a Shifchah Charufah is punished differently than all of the other Arayos. Normally, for Arayos, the man and woman are punished with the same punishment. In the case4 of Shifchah Charufah, the man is punished with a Chiyuv to bring a Korban Asham, and the woman is punished with Malkus. Why does the Torah give a different punishment for the man than for the woman?

The Kollel replies:

The Ramban (Vayikra 19:20) explains that the Torah does not prescribe Misah for the Aveirah of Shifchah Charufah (as it does for other cases of Eshes Ish), because her marriage is not as binding as an ordinary marriage, since she is a Shifchah. Instead, it punishes the man with a Chiyuv to bring a Korban Asham. Rabeinu Bachye adds that the Torah does not obligate the Shifchah to bring a Korban, since the Shifchah does not own any property and thus cannot own an animal with which to bring a Korban. Therefore, the Torah punishes her with Malkus instead.

(Even if the law is that a person can give to a Shifchah an object on condition that the owner has no rights to it (see Kidushin 23b), it would not be appropriate to punish a Shifchah by having her bring a Korban in such a manner. The reason is because the Asham of Shifchah Charufah is brought even for an intentional transgression, since it is not only for Kaparah, but also as a deterrent. The Shifchah will not be deterred from the Aveirah if she is told that she will have to receive a present of an animal to bring as a Korban if she transgresses.)

M. Kornfeld