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1) TO WHICH GIRLS APPLIES THE FINE OF A RAPIST?

(a) (Mishnah): If a man rapes a Na'arah (a girl in the firt 6 months of adulthood) in any of these categories, he must pay a fine:

1. A Mamzeres (bastard), Nesina or Kusis;
2. A convert/captive/slave that converted/was redeemed/was freed when at most 3 years old;
3. His sister, paternal or maternal aunt, his wife's sister, his brother's wife, his paternal uncle's wife, or a Nidah.

i. Even though these are punishable by Kares (excision), they are not capital offenses.

(b) (Gemara - Question): For these blemished women there is a fine, for regular women, no?!
(c) Answer: The Mishnah teaches, for these blemished women there is a fine ... a Mamzeres, etc.
(d) The Mishnah says, there is a fine for a Na'arah - we infer, but not for a minor.
(e) (Rav Yehudah): Our Mishnah is as R. Meir.

1. (Beraisa - R. Meir): A girl from the day she is born until she brings 2 hairs (after 12 years) can be sold (as a slave), but has no fine; from the time she brings 2 hairs until she becomes a Bogeres (i.e. for 6 months), she has a fine but cannot be sold;

i. The rule is: if she can be sold, she has no fine, and conversely.

2. Chachamim say, from the age of 3 years and one day until she becomes a Bogeres, she has a fine.
3. Question: She has a fine, but cannot be sold?

4. Correction: Rather, she even has a fine when she can be sold.

(a) Question: Why is there a fine for these women?
(b) Answer #1 (Reish Lakish): "Na'arah, Na'arah, ha'Na'arah" - one is needed for the simple meaning, one teaches that there is a fine for Chaivei Lavin (relationships prohibited by a negative Mitzvah), and one teaches that there is a fine for Chaivei Krisus (relationships punishable by excision).
(c) Answer #2 (Rav Papa): "Besulah, Besulos, ha'Besulos" - one is needed for the simple meaning, one teaches that there is a fine for Chaivei Lavin, and one teaches that there is a fine for Chaivei Krisus.

1. Rav Papa did not learn as Reish Lakish, because he learns from "Na'arah" Abaye's law.

i. (Abaye): If she died before the rapist was brought to trial, he is exempt - "He will give to the father of the Na'arah", and not to the father of the deceased.

2. Reish Lakish did not learn as Rav Papa, because he uses "Besulah" to learn a Gezerah Shaveh.

i. (Beraisa): "He will weigh silver as the Mohar of virgins" - The fine of an enticer should be as the Mohar of a Besulah (50, the fine specified for a rapist), and the Mohar of a Besulah should be as the fine of an enticer (in Shekels).

(d) Question: Reish Lakish should also need to learn Abaye's law, and Rav Papa should also need to learn the Gezerah Shaveh!
(e) Answer: Rather, there are 6 teachings - Na'arah, Na'arah, ha'Na'arah; Besulah, Besulos, ha'Besulos. 2 are needed for the simple meaning; 1 is used for Abaye's law; 1 is used for the Gezerah Shaveh; 1 teaches that there is a fine for Chaivei Lavin, and 1 teaches that there is a fine for Chaivei Krisus.
(f) The Tana of our Mishnah argues on the following Tana'im.
(g) (Beraisa): "She will be a wife to him" - Shimon ha'Teimani says, a woman with whom marriage takes effect; R. Shimon Ben Menasiya says, a woman that is fitting (permitted) for him to keep.
(h) Question: What is the difference between them?
(i) Answer: A Mamzeres or Nesinah.

1. Marriage takes effect with these women, but he may not stay married to them.

(j) Question: According to R. Akiva, who says that marriage does not take effect with Chaivei Lavin, what is the difference between them?
(k) Answer: A Kohen Gadol that marries a widow, as R. Simai taught.

1. (Beraisa - R. Simai): R. Akiva says that children of any marriage of Chaivei Lavin are Mamzerim, except when a Kohen Gadol marries a widow.
2. The Torah says, he should not marry her and Yechalel (profane) his children - he makes his children Chalalim (profane), not Mamzerim.

(l) Question: R. Yeshevav says that R. Akiva holds that the children or any forbidden marriage are Mamzerim. According to him, what is the difference between Shimon ha'Teimani and R. Shimon Ben Menasiya?