Mishnah
Mishnah

Talmud for Shevuot 5:4

אָנַסְתָּ וּפִתִּיתָ אֶת בִּתִּי, וְהוּא אוֹמֵר לֹא אָנַסְתִּי וְלֹא פִתִּיתִי. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, חַיָּב. רַבִּי שִׁמְעוֹן פּוֹטֵר, שֶׁאֵינוֹ מְשַׁלֵּם קְנָס עַל פִּי עַצְמוֹ. אָמְרוּ לוֹ, אַף עַל פִּי שֶׁאֵינוֹ מְשַׁלֵּם קְנָס עַל פִּי עַצְמוֹ, מְשַׁלֵּם בּשֶׁת וּפְגָם עַל פִּי עַצְמוֹ:

"You ravished or seduced my daughter," and he says: "I did not ravish or seduce." "I beswear you," and he says: "Amen," he is liable. R. Shimon says he is not liable (for an offering) for he does not pay knass (penalty payment) by his own admission. [And since if he admitted it, he would not be liable, when he denies it, too, he is not denying money.] They said to him: Even though he does not pay knass by his own admission, he pays bosheth ("shame") and p'gam ("injury") by his own admission. [Therefore, he is denying money. The (rationale of the) dispute between the rabbis and R. Shimon: R. Shimon holds that when he says: "You have ravished or seduced my daughter," he is claiming knass, whose amount is fixed, fifty (pieces of) silver, and he is not claiming bosheth and p'gam, whose amount is not fixed. For one does not leave something determinate to claim something indeterminate. Therefore, he is denying knass, and he is not liable. And the rabbis hold that he is claiming bosheth and p'gam. For one does not leave something which, if he (the other) admits it, he is liable for it, in favor of something which, if he admits it, he is not liable. Therefore, when he denies it, he is denying money, and he is liable. The halachah is not in accordance with R. Shimon.]

Explore talmud for Shevuot 5:4. In-depth commentary and analysis from classical Jewish sources.

Previous VerseFull ChapterNext Verse