A RAPIST MUST MARRY THE GIRL
(Mishnah): When is a rapist forced to marry her? (... If she is forbidden to Yisraelim, he may not keep her.)
Question (Rav Kahana): The Mitzvas Aseh to marry her should override the Lav!
Answer (Rav Zvid of Nehardai): An Aseh overrides a Lav only in cases such as cutting off Tzara'as during circumcision, since there is no other way to fulfill the Aseh;
Here, if she says that she does not want to marry him, there is no longer an Aseh!
A GIRL WHO WAS DIVORCED FROM EIRUSIN
(Mishnah - R. Elazar): If an orphaned girl was divorced from Eirusin, one who rapes her must pay. One who seduces her is exempt.
(Gemara - Rabah bar bar Chanah): R. Elazar holds like his Rebbi, R. Akiva, who says that there is a fine for a girl divorced from Eirusin (even if her father is alive), and she receives it.
Question: What is the source for this?
Answer: R. Elazar did not need to teach that one who seduces an orphan is exempt. (She pardoned him!) Rather, he teaches that a Na'arah divorced from Eirusin is like an orphan, i.e. she receives the fine herself.
(R. Zeira): The Halachah follows R. Elazar. He is the happiest of the Chachamim!
EMBARRASSMENT AND BLEMISH
(Mishnah): Embarrassment is evaluated according to the one who embarrassed and the one who was embarrassed;
To evaluate blemish, we appraise how much less one would pay to buy her to be a slave (because she is not a virgin);
The fine is the same for all;
Anything fixed by the Torah is the same for all people.
(Gemara) Question: We should say that the 50 Sela'im (Shekalim) that the Torah specified is the full compensation!
Answer #1 (R. Zeira): If so, people would say that the fine for a king's daughter is the same like the fine for a commoner!
Objection (Abaye): People can say this about the fine for a Mu'ad animal that kills a slave! One pays 30 Shekalim for a slave who can string pearls (a very lucrative profession), like for a slave who only sews!
Answer #2 (R. Zeira): If two men had Bi'ah with her, one Lo k'Darkah (in the anus, so she is still a Besulah) and one k'Darkah (normally), people will say that the same 50 Shekalim are paid for a full virgin as for a blemished girl! (Therefore, he must pay also for embarrassment and blemish.)
Objection (Abaye): People can say so about the fine for a slave. One pays 30 Shekalim for a healthy slave, like for a leprous slave!
Answer #3 (Abaye): "For having afflicted her" connotes that he pays also for embarrassment and blemish.
Answer #4 (Rava): "The man who lied with her..." - 50 Shekalim is for the pleasure of lying with her. This implies that he pays also embarrassment and blemish.
Question: Perhaps she receives these payments!
Answer #1: "Bi'N'ureha Beis Aviha" - all revenue of a Na'arah goes to her father.
Objection: If so, why did Rav learn from elsewhere that her father gets her earnings?
(Rav): "If a man will sell his daughter to be a slave" - just like the earnings of a slave belong to her master, so the earnings of a daughter belong to her father.
Rather, we must say that "Bi'N'ureha Beis Aviha" teaches only about vows.
Suggestion #1: Perhaps we can learn embarrassment and blemish from vows!
Rejection: We do not learn monetary laws from Isurim.
Suggestion #2: Perhaps we can learn from the fine!
Rejection: We do not learn Mamon (payments according to the damage) from fines.
Answer #2: It is logical that these payments go to the father, since he could have received much Kidushin money for her from a disgusting person or leper (who has difficulty finding one who will marry him. The father cannot receive so much for a non-virgin, so he should receive the compensation.)
(Mishnah): We evaluate blemish as if she was a slave being sold.
Question: How do we evaluate this?
Answer (Shmuel's father): We evaluate the difference between what one would pay for a virgin slave from a non-virgin.
Question: One buys a slave for work. Why does he care whether or not she is a virgin?
Answer: He wants to marry her to his slave.
Question: What difference does it make to the owner?
Answer: He likes the slave, and wants to give him a virgin.
A FINE FOR MINORS
(Mishnah): Whenever a man can sell his daughter to be to be a slave, i.e. before she is a Na'arah, there is no fine for her. Whenever there is a fine for her, i.e. while she is a Na'arah, he cannot sell her;
A Bogeres cannot be sold and has no fine.
(Gemara - Rav Yehudah): The Mishnah is like R. Meir. Chachamim say that there is a fine for a girl who can be sold.
(Beraisa - R. Meir): From the day a girl is born until she becomes a Na'arah, she may be sold, but has no fine. When she brings two hairs (and becomes a Na'arah), she has a fine but cannot be sold;
Chachamim say that a girl has a fine from three years until Bagrus.
Question: Does she have a fine but she cannot be sold?!
Answer: No, she has a fine even though she can be sold (before Na'arus).
(Rav Chisda): R. Meir learns from "To him she will be a wife" - the verse discusses one who could marry herself off (if she had no father, i.e. a Na'arah).
Version #1 - Rav Papa brei d'Rav Chanan - (Reish Lakish): The Chachamim learn that when the Torah says "Na'arah", this includes a minor.
(Rav Simi bar Ashi): Reish Lakish said this about Motzi Shem Ra (a Chasan who claims that he found that his Kalah was not a virgin):
(Reish Lakish): One who is Motzi Shem Ra about a minor is exempt - "He will give to the father of the Na'arah (spelled full, with a Hei)" - the Torah discusses a full (proper) Na'arah.
Question (Rav Ada bar Ahavah): Even without the Hei, we would know that a minor is not included!
"The Na'arah... will be stoned" - we do not punish a minor!
Answer: Here we know that the verse discusses a full Na'arah. We infer that whenever Na'arah is spelled deficiently, it includes even a minor.