Yerushalmi Ketubot 3:5 ירושלמי כתובות ג׳:ה׳

MISHNAH: The seducer pays for three things and the rapist for four. The seducer pays for shame, diminution of value⁶⁶The computation of payments for shame and diminution of value are explained in Mishnah 8. Usually, the diminution of value refers to the loss of virginity but, in the case of forcible rape, it may also include the consequences of bodily injury such as a scar or a broken bone., and fine. The rapist in addition pays for suffering; the seducer does not pay for suffering. The rapist pays immediately, the seducer only if he divorces her⁶⁷The rapist’s fine is formulated as a fine in Deut. 22:29. That verse, stipulating that the fine goes to the father, then decrees that the rapist has to marry his victim and is barred from ever divorcing her. In contrast, the payment of the seducer is formulated in Ex. 22:16 as payment of a virgin’s ketubah in case of a divorce.. The rapist drinks from his pot⁶⁸He has to marry her even if she is ugly and deformed.; the seducer may divorce if he wishes.

HALAKHAH: “The seducer pays three,” etc. This does not follow Rebbi Simeon, since Rebbi Simeon freed the rapist from paying for suffering⁶⁹In the Babli, 39a, there is a short discussion on what the suffering is for which the rapist has to pay. In the opinion of Samuel, represented in the Yerushalmi by his student’s student Rav Ḥisda, it is the suffering inflicted by the attack. This is rejected in the Babli, since R. Simeon could not have opposed that payment. The payment for suffering therefore is restricted in the Babli to payment for the pain caused by the rupture of the hymen. In contrast, the Yerushalmi starts out with assuming that the pain is that of the deflowering and ends up with embracing the point of view of Samuel.. To what can you compare this? To one who cuts somebody’s wart when that one would have cut it himself in the future. To what can you compare this? To one who cuts somebody’s trees when that one would have cut them himself in the future. They said to him, you cannot compare one who is deflowered by rape to one who is deflowered by consent; you cannot compare one who is deflowered on a dungheap to one who is deflowered in the bridal chamber! How does Rebbi Simeon interpret ’’because he mistreated her”? They said in the name of Rav Ḥisda, explain it that he raped her on thorns.

“The seducer only if he divorces her,” etc. Rav Ḥisda said, if he does not want to keep her. But if he decides to keep her, he does not give anything. Rebbi Ismael stated: “He should weigh silver appropriate for the bride-price of virgins⁹Ex. 22:16, speaking of the seducer. In the Babli, 29b, R. Simeon ben Laqish argues differently.”, which indicates that his obligation is for him that of bride-price, and bride-price is the ketubah⁷⁰This implies that all his obligations are transformed into ketubah obligations due at the dissolution of the marriage; not only the 200 zuz basic fee but also the sums fixed for shame and diminution of value.; as it also says⁷¹Gen. 34:12. “add for me much bride-price and gifts.”

Rebbi Eleazar asked: Do the daughters of the rape victim have the rights given by the ketubah stipulations⁷²Mishnaiot 4:8–12 contain a number of stipulations which the courts will enforce whether or not they were written in the ketubah document. The one in question here (Mishnah 11) states that the daughters, who do not inherit in the presence of sons, will have to be fed and lodged from the inheritance until they marry (they have a lien on the inheritance which has to be satisfied before the sons, the heirs, can take any money from the inheritance.) Since R. Ismael stated in the preceding paragraph that the seducer has to write a virgin’s ketubah, it is clear to him that all stipulations of Mishnaiot 4:8–12 apply to the future children of the seduced girl. The only problem is with the rape victim who, never facing divorce, does not have a ketubah in the opinion of the rabbis who disagree with R. Yose ben R. Jehudah later in this paragraph. In the Babli, 54a, this question is also asked and similarly left unanswered. In practice, this is a negative answer since “the burden of proof is on the claimant” and in the absence of a rule the daughters cannot prove their claim.? It is clear to me that the rape victim has no [ketubah] of the male children, and that the seduced victim has no [ketubah] of the male children⁷³The ketubah of male children (Mishnah 4:10) stipulates that if a man has sons from different wives, the amounts of the different ketubot are first taken from the inheritance and distributed among the sons of the wives; the remainder is then split evenly among the sons (except that an eventual male firstborn takes a double portion). The reason given for this stipulation is that fathers should be encouraged to give their daughters ample dowries which become part of the ketubah obligations of their husbands, to make them attractive to prospective suitors. Therefore, the stipulation is necessary to insure that the property remains in the possession of the direct descendants of the givers. But since the rape victim and the seduced girl are married by biblical decree, they cannot expect dowries.. If you say that he questions in both cases, we could ask, do the daughters of the rape victim and the daughters of the seduced girl have the rights given by the ketubah stipulations? That is a problem following the rabbis⁷⁴And is unanswered., but it is obvious following Rebbi Yose ben Rebbi Jehudah; as it was stated: Rebbi Yose ben Rebbi Jehudah says, the rapist gives a mina as ketubah⁷⁵In contrast to the seducer who writes the ketubah of a virgin for a minimal sum of 200 zuz, the rapist already paid the fine of 200 zuz to the girl’s father. He therefore writes for his wife an additional ketubah of the non-virgin..