FOR WHICH GIRLS IS A RAPIST FINED?
(Mishnah): There is a fine for (raping or seducing) any of the following Na'aros (girls in the first six months of adulthood):
A Mamzeres, Nesinah or Kusis;
A convert, captive or slave who converted, was redeemed or was freed below the age of three;
The rapist's sister, paternal or maternal aunt, his wife's sister, his brother's wife, his paternal uncle's wife, or a Nidah.
Even though these are punishable by Kares (excision), they are not capital offenses.
(Gemara) Question: Is there a fine only for Pasul women, but not for regular women?!
Answer: The Mishnah teaches that there is a fine for these Pasul women: a Mamzeres...
Inference: There is a fine for a Na'arah, but not for a minor.
(Rav Yehudah): Our Mishnah is like R. Meir:
(Beraisa - R. Meir): From the day a girl is born until she brings two hairs (after 12 years), she can be sold (to be a slave), but there is no fine for her. From when she brings two hairs until she becomes a Bogeres (six months later), she has a fine but cannot be sold;
The rule is, when she can be sold, there is no fine for her. When there is a fine for her, she cannot be sold.
Chachamim say that there is a fine for her from the age of three years and one day until she becomes a Bogeres.
Question: Does she have a fine, but she cannot be sold?
Correction: Rather, there is a fine for her even when she can be sold.
A FINE FOR WOMEN WHO MAY NOT MARRY THE MAN
Question: Why is there a fine for these women?
"She will be his wife" - she must be permitted to be his wife!
Answer #1 (Reish Lakish): We expound (in the Parashah of a rapist) "Na'arah", "(ha')Na'arah", and "ha'Na'arah". (Since the entire word 'ha'Na'arah' is extra, we expound two laws from it, for the word itself and for the 'Hei'.) One teaches the simple meaning (she must be a Na'arah), one teaches about (a fine for) Chayavei Lavin (women forbidden by a Lav), and one teaches about (a fine for) Chayavei Krisos.
Answer #2 (Rav Papa): We expound (in the Parashah of a seducer) "Besulah", "(ha)'Besulos", and "ha'Besulos". One teaches the simple meaning, one teaches about Chayavei Lavin, and one teaches about Chayavei Krisos.
Rav Papa did not learn like Reish Lakish, because he uses "ha'Na'arah" to teach Abaye's law:
(Abaye): If she died before the rapist was brought to trial, he is exempt. "He will give to the father of ha'Na'arah", not to the father of the deceased.
Reish Lakish did not learn like Rav Papa, because he uses "ha'Besulos" for a Gezeirah Shavah:
(Beraisa): "Kesef Yishkol (he will pay) k'Mohar ha'Besulos" - the fine of a seducer should be like the Mohar of a Besulah (50, the fine specified for a rapist), and the Mohar of a Besulah should be like the fine of a seducer (in Shekalim).
Objection: Reish Lakish also needs to learn Abaye's law, and Rav Papa also needs the Gezeirah Shavah!
Answer #3: Rather, we expound six words or letters: Na'arah, (ha')Na'arah, ha'Na'arah, Besulah, (ha')Besulos, ha'Besulos. We need two for the simple meaning. One is used for Abaye's law, one is used for the Gezeirah Shavah, one teaches about Chayavei Lavin, and one teaches about Chayavei Krisos.
The Tana of our Mishnah disagrees with the following Tana'im.
(Beraisa - Shimon ha'Teimani): "She will be his wife" refers to a woman with whom Kidushin is Tofsin (takes effect);
R. Shimon ben Menasya says, it refers to a woman whom he may keep.
Question: What do these Tana'im argue about?
Answer: They argue about a Mamzeres or Nesinah (Chayavei Lavin);
Kidushin is Tofsin with them, but a Yisrael may not stay married to them.
Question: According to R. Akiva, who says that Ein Kidushin Tofsin b'Chayavei Lavin, what do they argue about?
Answer: They argue about a Kohen Gadol who raped a widow, like R. Simai taught.
(Beraisa - R. Simai): R. Akiva says that children of any marriage of Chayavei Lavin are Mamzerim, except for a widow married to a Kohen Gadol;
The Torah forbids him to marry her and "YeCHaLeL (profane) his children" - he makes his children CHaLaLiM (profane), not Mamzerim.
Question: R. Yesheivav says that R. Akiva holds that the child of any forbidden Bi'ah is a Mamzer. According to him, what do Shimon ha'Teimani and R. Shimon ben Menasya argue about?
Answer: They argue about Chayavei Aseh, such as a Mitzris or Edomis (Kidushin is Tofsin, but it is forbidden).