Mishnah 1
1)
(a)How much (K'nas) does the Torah obligate a man who rapes a Na'arah (See Tos. Yom-Tov) Besulah to pay?
(b)What if she is Pasul (not eligible to marry a Kasher Yisrael)?
(c)The Mishnah lists three such girls, two of them are a Mamzeres and a Nesinah. What is a 'Nesinah'?
(d)Why are the Nesinim called by that name?
1)
(a)The Torah obligates a man who rapes a Na'arah (See Tos. Yom-Tov) Besulah to pay - fifty Shekalim ...
(b)... even if she is Pasul (not eligible to marry a Kasher Yisrael [See Tos. Yom-Tov]).
(c)The Mishnah lists three such girls, two of them are a Mamzeres and a Nesinah - from the Giv'onim (who tricked Yehoshua) ...
(d)... so-called because he appointed them as wood-choppers and water-drawers.
2)
(a)The third Pesulah listed by the Tana is a Kutis. On what grounds are the Kutim Pasul?
(b)On what condition does he include a Giyores, a Shevuyah and a Shifchah who converted or was set free (respectively)?
(c)Why is that?
2)
(a)The third Pesulah listed by the Tana is a Kutis, who is Pasul - because this Tana considers the Kutim to be Geirei Arayos (who converted on account of lions), whose conversion is invalid, rendering them like Nochrim [See Tos. Yom-Tov]).
(b)He includes a Giyores, a Shevuyah and a Shifchah who converted or were set free (respectively) - before they turned three ...
(c)... in which case their virginity returns (in thye event that they previously had relations with a man).
3)
(a)What does the Mishnah say about someone who rapes his own sister or the sister of his father or mother?
(b)Which other sister does the Tana include in the list?
(c)He also includes the wife of his brother and of his paternal uncle. How can they possibly still be Besulos?
3)
(a)The Mishnah - includes someone who rapes his own sister or the sister of his father or mother in the list of those who are subject to a K'nas.
(b)The Tana also includes - his wife's sister in the list, as well as ...
(c)... the wife of his brother and of his paternal uncle, who are still Besulos - if the got divorced before they married (See Tos. Yom-Tov).
4)
(a)What is the last 'Ervah' that he mentions in this list?
(b)Why does the Mishnah mention specifically these relations and not, for example, one's daughter? What do they all have in common?
(c)Why must the Tana therefore be speaking about where there was no warning?
4)
(a)The last 'Ervah' that he mentions in this list is - that of Nidah.
(b)The Mishnah mentions specifically these relations and not, for example, one's daughter - because they are all only Chayav Kareis, but not Misas Beis-Din (which will be explained shortly).
(c)The Tana must therefore be speaking about where there was no warning - because if there was - then he will be Chayav Malkos, in which case, he will be Patur from K'nas (See Tos. Yom-Tov).
Mishnah 2
5)
(a)On what condition does the Tana Kama now rule that a Giyores, a Shevuyah and a Shifchah do not receive a K'nas?
(b)Which of these cases does Rebbi Yehudah dispute?
(c)Why is that?
(d)Like whom is the Halachah?
5)
(a)The Tana Kama rules that a Giyores, a Shevuyah and a Shifchah do not receive a K'nas - if the conversion or their freedom occurred after they turned three.
(b)According to Rebbi Yehudah - a Shevuyah does receive K'nas...
(c)... because he maintains that she does not have a Chezkas Be'ulah (See Tos. Yom-Tov).
(d)The Halachah is - like the Tana Kama.
6)
(a)What does the Mishnah say about someone who rapes his own daughter or granddaughter, or the daughter or granddaughter of his wife?
(b)What is the reason for all these rulings?
(c)We learn this from the Pasuk in Mishpatim "ve'Lo Yih'yeh Ason, Anosh Ye'anesh" (with reference to two men who are fighting and one of them strikes a pregnant woman and 'kills' the fetus). What does "Anosh Ye'anesh" mean?
(d)How do we now learn the current ruling from there?
(e)What if he struck the woman inadvertently, in which case he is not subject to the death-penalty?
6)
(a)The Mishnah rules that someone who rapes his own daughter or granddaughter, or the daughter or granddaughter of his wife - is Patur from K'nas ...
(b)... because relations with any of them is subject to Misas Beis-Din (S'reifah), and a person who is Chayav Misas Beis-Din is Patur from paying (as we explained earlier).
(c)We learn this from the Pasuk in Mishpatim "ve'Lo Yih'yeh Ason, Anosh Ye'anesh" which means that - he is obligated to pay money.
(d)And we extrapolate from there that if the woman would have been killed, then the man would have been Patur from paying ...
(e)... even if he struck the woman inadvertently, in which case he is not subject to the death-penalty (See Tos. Yom-Tov).
Mishnah 3
7)
(a)What does Rebbi Yossi ha'Gelili say about a Na'arah who is divorced after the Erusin and who is subsequently raped?
(b)How does he learn it from the Pasuk in Ki Seitzei (in connection with the Din of rape) "asher Lo Orasah"?
(c)According to Rebbi Akiva, she is subject to K'nas. How does he then Darshen the Pasuk?
(d)Like whom is the Halachah?
7)
(a)Rebbi Yossi ha'Gelili rules that a Na'arah who is divorced after the Erusin and who is subsequently raped - is not subject to K'nas.
(b)He learns it from the Pasuk in Ki Seitzei (in connection with the Din of rape) "asher Lo Orasah" - implying that once she has been engaged there is no more Din of K'nas.
(c)According to Rebbi Akiva, she is subject to K'nas. He Darshens the implication from the Pasuk to mean - that once she has been engaged, the K'nas no longer goes to her father but to herself (See Tos. Yom-Tov).
(d)The Halachah is - like Rebbi Akiva.
Mishnah 4
8)
(a)A Mefateh also pays K'nas. What is a Mefateh?
(b)Which two items is he obligated to pay the father besides K'nas?
(c)What distinction does the Mishnah now draw between a Mefateh and a Me'aneis?
(d)Why is that?
(e)What is the source for this distinction?
8)
(a)A Mefateh - who entices a girl to have relations with him also pays K'nas.
(b)Besides K'nas, he is also obligated to pay the father - Boshes (for the shame) and P'gam (the depreciation [from a Besulah to a Be'ulah]).
(c)The Mishnah now draws a distinction between a Mefateh and a Me'aneis in that - the latter also has to pay for the pain ...
(d)... which an Anusah feels, but a Mefutah does not (See Tos. Yom-Tov).
(e)The source for this distinction - lies in the Pasuk, which mentions 'Inuy' (the pain) by Oneis, but not by Mefateh.
9)
(a)The Tana draws two additional (interdependent) distinctions between Oneis and Mefateh. What is a Mefateh permitted to do what a Me'aneis is not?
(b)On what condition is the Mefateh Patur from paying K'nas?
(c)What is the source for ...
1. ... this?
2. ... the Din that the Me'aneis must both marry her and pay K'nas?
(d)What does the Tana mean when he says (with regard to Oneis) 'Shoseh ba'Atzitzo'?
9)
(a)The Tana draws two additional (interdependent) distinctions between Oneis and Mefateh. A Mefateh is permitted to send the girl away, which a Me'aneis is not ...
(b)... and he is Patur from paying K'nas - in the event that he marries her.
(c)The source for ...
1. ... this and for both ...
2. ... the Din that the Me'aneis must marry her and pay K'nas is - two specific Pesukim to that effect in Ki Seitzei.
(d)When the Tana with reference to Oneis, writes 'Shoseh ba'Atzitzo', he means that - he can now drink in the dirty vessel that he chose for himself (i.e. he chose to rape the girl, he can now marry her irrespective of her medical condition [See next Mishnah]).
Mishnah 5
10)
(a)The Tana elaborates on 'Shoseh ba'Atzitzo', obligating him to marry her even if she is lame or blind. What if she ...
1. ... is a leper?
2. ... committed adultery after he betrothed her (See Tos. Yom-Tov)?
3. ... turns out to be forbidden to marry a Kasher Yisrael?
(b)What is the source of the latter ruling?
10)
(a)The Tana elaborates on 'Shoseh ba'Atzitzo', obligating him to marry her even if she is lame or blind, and even if she ...
1. ... is a leper, but not if she ...
2. ... committed adultery after he betrothed her (See Tos. Yom-Tov) or if she ...
3. ... turns out to be forbidden to marry a Kasher Yisrael.
(b)The source of the latter ruling is - the Pasuk in Ki Seitzei "ve'Lo Sih'yeh le'Ishah" (implying a woman who is fit for him to marry [See also Tos. Yom-Tov]).
Mishnah 6
11)
(a)What does Rebbi Elazar say about an orphan girl who is raped after having been betrothed and who is now divorced? In which point will the Din differ from a regular Na'arah?
(b)What if she is not an orphan?
(c)What is the reason for this ruling?
(d)With whose opinion (in Mishnah 3) does the latter ruling concur?
(e)What is the Halachah?
11)
(a)Rebbi Elazar rules that an orphan girl who is seduced after having been betrothed and who is now divorced is not subject to K'nas (though she is if she is raped), and the same will apply, even ...
(b)... if she is not an orphan ...
(c)... because, since either way, the K'nas would go to her (and not to her father [See Tos. Yom-Tov]), and by virtue of her having consented to the relationship, she demonstrates that she has been Mochel.
(d)The latter ruling concurs with that of Rebbi Akiva (in Mishnah 3) ...
(e)... and is therefore Halachah.
Mishnah 7
12)
(a)What does one take into account when assessing the Boshes?
(b)The shame perpetrated by an ordinary person is greater than the shame perpetrated by a more prominent person or by someone who is less prominent than himself. What do others say?
(c)How about the person who has been shamed?
(d)How does one assess the girl's P'gam?
12)
(a)When assessing the Boshes, one takes into account - the status of the person who shamed and of the person who has been shamed.
(b)The shame perpetrated by an ordinary person is greater than the shame perpetrated by a person more prominent or less prominent than himself. According to others - the lesser a person's status, the greater the shame (See Tos. Yom-Tov).
(c)Regarding the person who has been shamed, on the other hand - the greater the hi/her status, the greater the shame.
(d)One assesses the girl's P'gam - by comparing her value on the slave-market (See Tos. Yom-Tov) before the act was perpetrated, to her value after the act.
13)
(a)K'nas does not differ from one person to another. On what principle is this based?
(b)What do we extrapolate from the Pasuk 've'Nasan ha'Ish ha'Shochev imah la'Avi ha'Na'arah"?
13)
(a)K'nas does not differ from one person to another due to the principle that - any price that is fixed by the Torah applies across the board.
(b)We extrapolate from the Pasuk 've'Nasan ha'Ish ha'Shochev imah la'Avi ha'Na'arah" - that the K'nas is to pay for the pleasure of intimacy exclusively, but that there are also other costs (Boshes, P'gam and Tza'r (pain) See Tos. Yom-Tov.
Mishnah 8
14)
(a)What is the Mishnah referring to when it writes that 'Wherever there is ...
1. ... a sale there is no K'nas?
2. ... K'nas there is no sale?
(b)What is the definition of Ketanah in this regard?
(c)Who is the author of the above statement?
(d)What do the Chachamim say?
(e)Like whom is the Halachah?
14)
(a)When the Mishnah writes that 'Wherever there is ...
1. ... a sale there is no K'nas' - it is referring to a Ketanah (whose father is permitted to sell her [See Tos. Yom-Tov]).
2. ... K'nas there is no sale - it is referring to a Na'arah (See following answer), whose father nay no longer sell her.
(b)A Ketanah in this regard - refers to a girl between the age of three and twelve (until she grows two pubic hairs, when she becomes a Na'arah).
(c)The author of the above statement is - Rebbi Meir.
(d)According to the Chachamim - a Ketanah is also subject to K'nas (See Tos. Yom-Tov).
(e)The Halachah is - like the Chachamim.
15)
(a)What is the definition of a 'Bogeres'?
(b)What dos the Tana say about her?
15)
(a)A 'Bogeres' is a girl - who has turned twelve and-a-half (i.e. six months after she becomes a Na'arah and grows two pubic hairs).
(b)The Tana rules - that she is subject neither to Mecher nor to K'nas (See Tos. Yom-Tov).
Mishnah 9
16)
(a)The Mishnah discusses a case of a man who admits to having seduced so-and-so's daughter. What is he ...
1. ... obligated to pay?
2. ... Patur from paying?
(b)What is the reason for the latter ruling?
(c)How do we learn it from the Pasuk in Mishpatim (in connection with the double that a thief has to pay) " ... asher Yarshi'un Elohim"?
(d)Seeing as the same Din applies to Oneis, why does the Tana discuss specifically Mefateh? What would we have thought had he discussed Oneis?
(e)Why indeed, do we not say that?
16)
(a)The Mishnah discusses a case of a man who admits to having seduced so-and-so's daughter. He is ...
1. ... obligated to pay - Boshes and P'gam (See Tos. Yom-Tov), but is ...
2. ... Patur from paying - K'nas ...
(b)... because one does not pay K'nas by one's own admission (only through two witnesses (and a ruling of Beis-Din) ...
(c)... as the Pasuk writes in Mishpatim (in connection with the double that a thief has to pay) " ... asher Yarshi'un Elohim" - implying that one only pays K'nas when obligated to do so by Beis-Din.
(d)Although the same Din applies to Oneis, the Tana discusses specifically Mefateh, because, had it discussed Oneis - we would have thought that by Mefateh, where his admission automatically stigmatizes the girl, he will not be believed at all, even regarding Boshes and P'gam.
(e)We do not say that however - because we assume that the girl will forego the stigma in order to gain the money (See Tos. Yom-Tov).
17)
(a)What does the Mishnah now say about someone who admits that he stole a sheep or a cow and that he Shechted or sold it?
(b)And what distinction does the Tana draw between whether Reuven admits that his (Mu'ad) ox gored Shimon or Shimon's ox, or whether he gored his Eved?
(c)How does this Tana define 'Kofer'?
(d)What principle does the Tana present in summing up all the above rulings?
(e)What is an example of this?
17)
(a)The Mishnah now rules that someone who admits that he stole a sheep or a cow and that he Shechted or sold it - is obligated to pay the principal by his own admission, but not the double or the four or five times (See Tos. Yom-Tov).
(b)The Tana also rules that if Reuven admits that his (Mu'ad) ox gored Shimon or Shimon's ox - he is Chayav to pay Kofer and Mamon respectively, but Patur if he admits that it gored his Eved.
(c)This Tana defines 'Kofer' as - Mamon (as opposed to K'nas).
(d)In summing up all the above rulings the Tana states that - whoever pays more than the value of the damaged article (See Tos. Yom-Tov) is Patur from paying on his own admission ...
(e)... such as Shimon's Eved who is gored by Reuven's ox, where he pays thirty Sela'im, even though the Eved is worth only one Sela.
