brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
A Mitzvas Aseh supersedes a Mitzvas Lo Sa'aseh only when it is not possible to also fulfill the Aseh.
Rebbi Elazar: A girl who was divorced from Eirusin and then was raped does not receive a Knas. (1)
A girl who is an orphan receives the money of her Knas. Therefore, if a man seduces her, she is exempt.
Rav called Rebbi Elazar "the finest of the Chachamim."
The payment of embarrassment is dependent on the status of the perpetrator and the victim. (2)
The payment of Pegam is dependent on how much she has been devalued when her value is assessed on the maidservant market.
The payment of Knas is the same for everybody. (3)
The payment of thirty Shekalim for an ox that kills a servant is the same for all servants.
If a man rapes a girl in an unconventional manner and subsequently she is raped conventionally, both men have to pay a Knas. (4)
The handiwork of a daughter is given to the father.
We cannot derive the laws of a payment of Mamon from Isur or from Knas.
The father receives the payment of Boshes and Pegam because he has the power to marry her off to a leper if he so chooses.
A person pays more for a maidservant who is a Besulah in order to marry her off to his favored servant.
A Na'arah receives a Knas, but she cannot be sold as a maidservant.
A Knas is not paid to a Bogeres.
Rebbi Meir: A Knas is paid only to a Na'arah. Chachamim: It is paid to a Ketanah as well.
One who is Motzi Shem Ra on a Ketanah is Patur.
A BIT MORE
1. Rebbi Elazar rules like Rebbi Akiva who says that a girl who was divorced from Eirusin receives the money of the Knas, and not her father. Since she receives her own Knas, when she is seduced she is Mochel the Knas since she consented to the act.
2. If the perpetrator is of average status, the embarrassment is greater. If the victim is of a prominent status, the embarrassment is greater.
3. Since the Torah specifies that the Knas is fifty Shekalim, the payment applies to everybody.
4. This is because she retains the status of a Besulah after the first rape.
THE ASEH OF HONORING A PARENT
The Gemara says that a Mitzvas Aseh supersedes a Mitzvas Lo Sa'aseh only when it is not possible to also fulfill the Aseh. The Tosfos Yeshanim asks, why do we need a verse to teach is that the Mitzvah of Kibud Av va'Em does not override Shabbos? If the father foregoes his honor, the Mitzvah would not apply! The Tosfos Yeshanim answers that only in the case of a rape do we apply the reasoning that she could say that she does not want to marry him, because the Lav applies to both him and her, while the Aseh applies only to the rapist and not to her. Therefore, she is forbidden to transgress the Lav for the purpose of his Aseh. In contrast, in the case of Kibud Av, the Lav applies only to the son, not to the father.
How do we evaluate embarrassment? It depends on the status of the perpetrator and the victim. The greater the status of the perpetrator, the less the embarrassment. If the perpetrator is of lesser prominence, the embarrassment is greater. (Rambam, Hilchos Chovel 3:1)
Next Daf Index to Revach for Maseches Kesuvos