One who seduces gives three things, and one who rapes gives four. One who seduces gives bosheth (shame), p'gam (injury), and knass. One who rapes, in addition, gives tza'ar (affliction). What is the difference between one who forces and one who seduces? One who forces gives tza'ar, and one who seduces does not give tza'ar [For being forced is not like being seduced; and the one who was seduced does not receive tza'ar, "inui" (affliction) being written in the Torah in respect to forcing, but not in respect to seduction.]; one who forces gives immediately [to her father, even though he marries her], and one who seduces, when he sends her out [(that is, if he does not marry her. For if he does marry her, he does not give knass, it being written (Shemoth 22:16): "then he shall take her as a wife … and if he refuse … then money shall he pay"; but in respect to forcing, it is written (Deuteronomy 22:29): "and he shall give … fifty (shekels of) silver … and to him shall she be as a wife.")]; and one who forces, drinks in his "earthen vessel" [in the repugnant vessel that he chose for himself; that is, he must marry her perforce]; and one who seduces, if he wishes to send her out (i.e., not to marry her), he may do so.
Bartenura on Mishnah Ketubot
האונס נותן את הצער – someone who had intercourse by compulsion is not the same as someone who had intercourse willingly, and the seduced woman does not have pain, for regarding ‘’suffering,” in the Torah concerning compulsion, but “suffering” is not stated regarding a seduced woman.
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English Explanation of Mishnah Ketubot
Introduction
The Torah discusses the “seducer” in Exodus 22:15-16: “If a man seduces a virgin who has not been betrothed and lies with her, he must make her his wife by payment of a bride-price. If her father refuses to give her to him, he must still weigh out silver in accordance with the bride-price for virgins.” The rabbis learned that the bride-price referred to in these verses is the same as the 50 shekels referred to in the verses which discuss the rapist in Deuteronomy 22. Therefore, both a seducer and a rapist must pay a fine of 50 shekels to the father, equivalent to the bride-price which the father would have received had he married her off in a typical fashion. Our mishnah discusses the other types of payments that the rapist and the seducer must pay and other differences between the two.
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Bartenura on Mishnah Ketubot
והאונס נותן מיד – to her father, even though he married her/consummated a marriage by conducting a woman to his house.
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English Explanation of Mishnah Ketubot
The seducer pays three forms [of compensation] and the rapist four. The seducer pays compensation for embarrassment and blemish and the fine; The rapist pays an additional [form of compensation] in that he pays for the pain. The seducer pays three types of payment: 1) for having shamed her; 2) for having caused her to be “blemished”; 3) the fine. The first two of these types of payments will be described in greater detail in mishnah seven. The rapist must make an additional payment for the pain he has caused her. Since the women willingly had relations with the seducer, he does not pay for the pain.
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Bartenura on Mishnah Ketubot
לכיוציא – meaning to say that if he will not marry her/consummate a marriage by conducting a woman to his house, for if he does not marry [her], he doesn’t pay the fine, as it is written (Exodus 22:15): “[If a man seduces a virgin for whom the bride-price has not been paid, and lies with her] he must make her his wife by payment of the bride-price,” and “if her father refuses [to give her to him], he must weigh out the silver [in accordance with the bride-price for virgins]” (Exodus 22:16); but concerning the rape, it is written (Deuteronomy 22:29): “[the man who lay with her] shall pay the girl’s father fifty [shekels of] silver and she shall be his wife.”
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English Explanation of Mishnah Ketubot
What [is the difference] between [the penalties of] a seducer and those of a rapist? The rapist pays compensation for the pain but the seducer does not pay compensation for the pain. The rapist pays immediately but the seducer [pays only] if he dismisses her. The rapist must “drink out of his pot” but the seducer may dismiss [the girl] if he wishes. The mishnah now relates three differences in the penalties of a seducer and those of a rapist. The first was already mentioned above. The second is that a rapist must pay immediately, whereas the seducer pays only if he decides not to marry her. This difference is derived from the fact that with regard to the seducer the verse states, “If her father refuses to give her to him, he must weigh out silver” (Ex. 22:16). By inference we can conclude that if the father does not refuse, then the seducer does not pay. In contrast, Deuteronomy 22:28 states, “The man who lay with her must pay the girl’s father fifty shekels of silver.” In this case the ruling is stated unconditionally. Hence he must pay whether or not the father allows the couple to remain married. The final difference is that a rapist is not allowed to initiate divorce against the woman. This is derived from the Deut. 22:28, “Because he has violated her, he can never have the right to divorce her.” In contrast, the seducer is allowed to divorce his wife. [I realize that the idea that the victim of a rape would somehow be rewarded by the rapist having to marry her and never being allowed to divorce her, sounds cruel to our modern sensibilities. However, if we understand that we are talking about a society where a woman may have been “ruined” and hence unable to get married after having been raped, we will realize that the intent of the law is to protect the woman. By forcing him to marry her, the Torah affords her the economic protection of a husband, economic protection that may have been quite necessary in ancient society.]
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Bartenura on Mishnah Ketubot
שותה בעציצו – in a despised utensil that he chose for It, meaning to say, he is forced to marry her.
