Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER III.

§ 1. These are the ‏נערות‎ 1 who have [the right to recover] a fine. He who is carnally connected with a bastardess, or a Nethina, 2 or

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with a Samaritan. He, likewise, who is so connected with a proselyte, a captive and a bondwoman who have been ransomed, converted, or manumitted at less than three years and one day [old]: [moreover] he who is carnally connected with his own sister, or with his father's sister, or with his mother's sister, or with his [own] wife's sister, or with his brother's wife, or with his father's brother's wife, 3 or with a Niddah: in all these cases he is finable; for although that these [the last named series] are under [the denunciations of] ‏כרת‎ [excision], they are not [sentenced to] death by the Bethdin.

§ 2. The following are not subjected to fine:—He who is carnally connected with a proselyte, a captive, and a bondwoman who have been ransomed, converted, or manumitted at more than three years and one day [old]. R. Jehudah saith, "A captive 4 who has been ransomed is presumed to retain her virgin purity, although she be nubile." He who is carnally connected with his own daughter, or his daughter's daughter, or his son's daughter, or with his wife's daughter, or her son's daughter, or her daughter's daughter, is not subject to a fine, because his life is forfeited, and he is put to death through [sentence of] the Bethdin; and whosoever forfeits life is not subjected to a fine in money, for it is said, "If no mischief follow, he shall be punished by fine." 5

§ 3. [Of] a damsel who has been betrothed and divorced, R. José the Galilean saith, "She does not recover any fine;" but R. Akivah saith, "She does recover a fine, and her fine [belongs] to herself."

§ 4. He who seduceth a damsel pays threefold damages, and he who violateth [her, pays] four [fold]. The seducer pays [for her] disgrace, deterioration [in value], and the fine: in addition to which the ravisher pays for the [bodily] pain [he has inflicted upon her]. What is [the difference] between the [punishment of the] seducer and [that of] the ravisher? The ravisher pays for the [bodily] pain; the seducer does not pay for the [bodily] pain. The ravisher must pay at once, the seducer if he refuses to marry her. The ravisher must drink out of his polluted vessel, 6 whereas the seducer may, if he likes, divorce her.

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§ 5. How [is it to be understood that] "he must drink out of his polluted vessel"? Even though she he lame, or though she be blind, or though she be afflicted with boils [leprosy, he must marry and cannot divorce her]. But if he discovers in her disgraceful conduct [after marriage], 7 or she is not qualified to enter into [the congregation of] Israel, he is not permitted to keep her; for it is said, "Unto him she shall be a wife, a wife qualified and fitting for him." 8

§ 6. [Of] an orphan, who had been betrothed and divorced, R. Eleazar saith, The seducer is free [from penalty], but the ravisher is guilty." 9

§ 7. What [amount of compensation] is [due for her] disgrace? [In] all [cases] it is [computed] according to [the rank, station, and means of] him who inflicts the disgrace, ands[her] who sustains the disgrace. [To determine the] deterioration [in value] she is appraised, as if she were a bondwoman about to be sold; [and thus it is ascertained] what was her value [before the fact], and what is her value [after it]. The fine is equal to all men, for whatever is fixed in the law applies alike to all men. 10

§ 8. Whenever there is [a right of] sale [vested in the father], no fine [can be inflicted]; and whenever there is [the right to inflict] a fine, no sale [can be effected by the father]. In an infant there is [the right of] sale [vested in the father], but she has no [right to recover a] fine. A damsel 11 has a [right to a] fine, but [the father] has no [right of] sale. [In] a nubile girl [the father has] no [right of] sale, and she has no [right to recover a] fine.

§ 9. He who [voluntarily] declares, "I have seduced the daughter of A.B.," must pay for the disgrace and deterioration, in consequence of his own confession, but he pays no fine. He who [voluntarily]

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declares, "I have stolen, slaughtered, and sold [A.B.'s cattle]," must pay the value, in consequence of his own confession, but he is not held to pay the double, the four fold, or the five fold compensation. 12 [He who says], "Mine ox has killed A.B., or A.B.'s ox," must pay in consequence of his own confession; [but should he say], "Mine ox has killed A.B.'s bondman," he does not pay in consequence of his own confession. 13 The rule is, in any case where the fine to be inflicted exceeds the actual damage done, no one can be amerced in consequence of his own confession.

Footnotes

246:1 The ‏נערה‎ damsel here spoken of, is from twelve years and one day old up to twelve and a half years, beyond which age, or should she have no signs of puberty, the fine cannot be exacted. (Vide Deut. xxii. 28, 29.)

246:2 Vide Treatise Yebamoth, Chap. II. § 4.

247:3 If these two wives have been divorced before the marriage was consummated.

247:4 The captive spoken of in the Mishna is an Israelite woman who has been kidnapped, or carried off by heathens.

247:5 Vide Exodus xxi. 22.

247:6 A figurative expression, denoting that he is bound to marry his victim, and can never divorce her.

248:7 Should she become guilty of adultery.

248:8 Vide Deut. xxii. 29.

248:9 The difference between the case here laid down and that of § 3 of this Chap. arises from the fact, that there the fine and compensation goes to the girl's father, whereas here it goes to herself. It is therefore assumed, that in consenting to prostitute her person, she renounced her right to a legal compensation, but she could never renounce her father's right.

248:10 The amount of the fine is fixed at fifty Shekels. (Deut. xxii. 29.)

248:11 Until the age of twelve years and one day the father has a right to sell his daughter. The right to recover a fine in case of seduction or rape begins at that age, and ends at twelve and a half years. Thenceforward a girl is nubile, and is, according to Rabbinical definition, no longer entitled to the designation ‏נערה‎, used in the Law, and to which the right of recovering a fine is rigidly limited.

249:12 Exodus xxii. 1–4.

249:13 In all the former instances he has only to make good the positive damage, but does not pay any fine. But in the present instance the compensation is a positive fine, as, without reference to the value of the bondman killed, the Law fixes the compensation in all cases at thirty Shekels silver (Exod. xxi. 32).