Yerushalmi Ketubot 3:9 ירושלמי כתובות ג׳:ט׳

MISHNAH: Anytime there is a sale there is no fine and anytime there is a fine there is no sale. The underage girl is subject to sale but not to fine; the adolescent can claim a fine but has no sale; the adult has neither fine nor sale¹¹⁷It is generally agreed that a father can sell his daughter as a domestic slave only as long as she is a minor since the verse calls her “daughter” (Ex. 21:7) and in legal texts “son” and “daughter” are always interpreted to mean minors. This Tanna is of the opinion that the fine applies only to the adolescent since the victim is called “an adolescent virgin” in Deut. 22:28 (but in the case of the seducer she simply is called “a virgin”.) It is agreed that the adult cannot claim a fine (she will be able to claim damages.).

HALAKHAH: “Anytime there is a sale,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: This is Rebbi Meïr’s. But for the rabbis there can be sale and fine together. Following Rebbi Meïr: From one day old until the age of 3 years and one day there is sale but no fine. From the age of 3 years and one day until she becomes an adult there is a fine but no sale. The adult, neither sale nor fine¹¹⁸In the Bablylonian sources (Babli 40b, 29a; Tosephta 3:8), R. Meïr is reported to decree sale but no fine for a girl from the age of one day until adolescence, fine but no sale for the adolescent, and nothing for the adult. Since for a rape at age below three years the hymen is supposed to repair itself, there is no place for the fine at that age. The statement that a father cannot sell his daughter once she reaches the age of marriage, 3 years and one day, is found only here. In any case, the statement is purely theoretical since the institution of Hebrew slaves was not re-established on the return from Babylonia even though the girl was supposed to be sold in marriage.. Following the rabbis¹¹⁹In the Babylonian sources, the rabbis hold that a daughter can be sold until she becomes an adolescent and she can claim the fine starting at the age of 3 years and one day. As explained in the preceding Note, it does not seem reasonable to have a fine for the rape of a girl below the age of 3 years and one day. Therefore, it seems that the statements regarding girls below and above the age of 3 years and one day should be switched.: From one day old until the age of 3 years and one day there is sale and fine together. From the age of 3 years and one day until she grows two pubic hairs there is sale but no fine. After she grows two pubic hairs until she becomes an adult¹²⁰A period of 6 months. there is a fine but no sale. The adult, neither sale nor fine.

There¹²²Mishnah Sanhedrin 7:15; Tosephta 10:8. From “Rebbi Yasa” to the end of the Halakhah, the text is also in Sanhedrin 7:14; the readings from there are noted ן., we have stated: “He who comes to a preliminarily married adolescent is guilty¹²³To be stoned, Deut. 22:24. The penalty for adultery (if the act is observed by two independent witnesses) is death by strangling. only if she was an adolescent, virgin, preliminarily married, in her father’s house¹²⁴As the Babli explains (Sanhedrin66b), the law does not apply if the girl had been delivered to the husband’s emissaries to be brought to his place for the final wedding.. If two came upon her, the first is stoned and the second strangled¹²⁵Since she was no longer a virgin..” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: That is Rebbi Meïr’s. But following the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “A lad” is written in the paragraph¹²⁶In the entire Pentateuch with the exception of Deut. 22:19, “girl” is written in the masculine form נער “a lad”. R. Meïr takes this as a restriction that the rules apply only to the adolescent in the strict sense. The rabbis take the spelling to mean that one deals with a girl that is not yet feminine, not yet sexually awakened. (Instead of postulating a unique Hebrew-Phoenician root נער III “youth”, the rabbis probably derive נער from the root עור “to awake”.). How do the rabbis explain “a lad”? Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written “a young woman”; this teaches that in the entire paragraph she is an adult¹²⁷Deut. 22:19; the case of the calumniator must deal also with the possibility that the wife is criminally responsible, as pointed out by R. Meïr. Therefore, נַעֲרָ in the context of sexual offenses must mean “underage and adolescent”.. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, “a lad” is written and she is an adult since a minor is not stoned¹²⁸Deut. 22:21. An underage person is not criminally responsible; the seduction of a minor is statutory rape. If the criminal sanctions do not apply, why should the rest of the rules apply to an underage girl?! What do the rabbis with this? Rebbi Abin said, explain it if he came to her as to a male¹²⁹The rapist is punished even if he uses the נַעֲרָ as if she were a נַעַר, without penetration..

Jacob bar Abba asked before Rav: What is the law for him who comes to a minor¹³⁰A preliminarily married underage girl, whether by seduction or rape.? He said to him, by stoning. What is the law for him who comes to an adult? He said to him, I am reading “an adolescent¹³¹In Deut. 22:29.”, not an adult.¹³²The man who commits adultery with an adult preliminarily married woman is punished for adultery, as if it were with a definitively married woman. Read “an adolescent”, not a minor! “‘Because he mistreated her’, that includes a minor for a fine”, read ‘because he mistreaded her’,¹³¹In Deut. 22:29. that includes an adult for a fine! Rav said, even though Jacob won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abin in the name of Samuel: Why? He understood it from the following¹³³Deut. 22:26, speaking of the preliminarily married rape victim. It should be obvious that the rape victim is innocent; why does the verse have to emphasize this?: “The man who had lain with her alone should die.” Did we not know that “the girl has not committed a capital crime”? Then why does the verse say: “Do not do anything to the girl, the girl has not committed a capital crime”? That includes him who comes to a preliminarily married underage girl that he is stoned and she is free¹³⁴The verse is not written for the adolescent rape victim, whose innocence is obvious, but for the consenting underage girl who would have committed a capital crime had she been adolescent. But because of her age, her seduction was statutory rape and she is immune from any form of punishment..