Ketubot 3

אֵלּוּ נְעָרוֹת שֶׁיֵּשׁ לָהֶן קְנָס. הַבָּא עַל הַמַּמְזֶרֶת, וְעַל הַנְּתִינָה, וְעַל הַכּוּתִית. הַבָּא עַל הַגִּיּוֹרֶת, וְעַל הַשְּׁבוּיָה, וְעַל הַשִּׁפְחָה, שֶׁנִּפְדּוּ וְשֶׁנִּתְגַּיְּרוּ וְשֶׁנִּשְׁתַּחְרְרוּ פְּחוּתוֹת מִבְּנוֹת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד. הַבָּא עַל אֲחוֹתוֹ, וְעַל אֲחוֹת אָבִיו, וְעַל אֲחוֹת אִמּוֹ, וְעַל אֲחוֹת אִשְׁתּוֹ, וְעַל אֵשֶׁת אָחִיו, וְעַל אֵשֶׁת אֲחִי אָבִיו, וְעַל הַנִּדָּה, יֵשׁ לָהֶן קְנָס. אַף עַל פִּי שֶׁהֵן בְּהִכָּרֵת, אֵין בָּהֶן מִיתַת בֵּית דִּין:

These are the maidens [who, although unfit (pasul, receive knass (the penalty payment). If a man forced one of them, he gives her father fifty kesef.]: one who lives with a mamzereth, a Nethinah, [one of the Giveonites. Because Joshua made them (nathnam) hewers of wood and drawers of water, they were called "Nethinim," and they are forbidden to enter the congregation.], and a Cuthite [This tanna holds that Cuthites are "lion proselytes" and are regarded as gentiles], one who lives with a proselyte, a captive woman, or a bondswoman who had been redeemed, proselytized, and freed when they were less than three years and one day old. [For they are assumed to have been virgins (when he lived with them). For even if they had been lived with in their captivity or when they were gentiles, their virginal signs return.] If one lives with his sister, his father's sister, his mother's sister, his wife's sister, his brother's wife, the wife of his father's brother [if she were betrothed to one of them and was divorced during betrothal and was still a virgin], or a niddah, they receive knass. [For] even though they are subject to kareth, they are not subject to judicial death penalty. [Kareth does not exempt one from payment. This is so when there was no fore-warning (hathra'ah), but if there was, he is exempt from knass, the ruling being that all those liable to kareth who are fore-warned receive stripes, and one does not both receive stripes and pay.]

וְאֵלּוּ שֶׁאֵין לָהֶן קְנָס, הַבָּא עַל הַגִּיּוֹרֶת וְעַל הַשְּׁבוּיָה וְעַל הַשִּׁפְחָה שֶׁנִּפְדּוּ וְשֶׁנִּתְגַּיְּרוּ וְשֶׁנִּשְׁתַּחְרְרוּ יְתֵרוֹת עַל בְּנוֹת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד. רַבִּי יְהוּדָה אוֹמֵר, שְׁבוּיָה שֶׁנִּפְדֵּית, הֲרֵי הִיא בִקְדֻשָּׁתָהּ, אַף עַל פִּי שֶׁגְּדוֹלָה. הַבָּא עַל בִּתּוֹ, עַל בַּת בִּתּוֹ, עַל בַּת בְּנוֹ, עַל בַּת אִשְׁתּוֹ, עַל בַּת בְּנָהּ, עַל בַּת בִּתָּהּ, אֵין לָהֶן קְנָס, מִפְּנֵי שֶׁמִּתְחַיֵּב בְּנַפְשׁוֹ, שֶׁמִּיתָתוֹ בִידֵי בֵית דִּין. וְכָל הַמִּתְחַיֵּב בְּנַפְשׁוֹ, אֵין מְשַׁלֵּם מָמוֹן, שֶׁנֶּאֱמַר (שמות כא) וְלֹא יִהְיֶה אָסוֹן עָנוֹשׁ יֵעָנֵשׁ:

And these do not receive knass: one who lives with a proselyte, a captive woman, or a bondswoman who had been redeemed, proselytized and freed when they were more than three years and one day old. [For since they are fit for cohabitation, they are regarded as "abandoned," and they are cohabited with when they are gentiles, as is the captive woman in her captivity.] R. Yehudah says: A captive woman who was redeemed remains "in her holiness" [and is not assumed to have been lived with] even [if she were abducted] when she was grown. [The halachah is not in accordance with R. Yehudah.] If one lives with his daughter, his daughter's daughter, his son's daughter, his wife's daughter, her son's daughter, and her daughter's daughter, they do not receive knass, for he is liable to death, his death (penalty) being at the hands of beth-din; and all who are liable to death do not pay money, it being written (Exodus 21:22): "and there be no death, then punishment shall be exacted" [but if there be death, one of the two men who are fighting being killed, then the one who killed him is not punished by paying money, for he is liable to judicial death penalty for having killed him. And it makes not difference in a transgression punishable by judicial death penalty whether the act was wilful or unwitting — he is always exempt from monetary payment. But in a transgression punishable by kareth or stripes, one is not exempt from payment unless there be witnesses and fore-warning and he receive stripes, in which instance he does not pay.]

נַעֲרָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה, רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר, אֵין לָהּ קְנָס. רַבִּי עֲקִיבָא אוֹמֵר, יֶשׁ לָהּ קְנָס, וּקְנָסָהּ לְעַצְמָהּ:

If a maiden were betrothed and divorced, R. Yossi Haglili says she does not receive knass, [it being written (Deuteronomy 22:28): "who was not betrothed"; but if she were once betrothed, she no longer receives knass.] R. Akiva says: She does receive knass, and her knass belongs to her, [for we expound: "who was not betrothed…" (then the knass shall be given) to her father, (the implication being that) if she were betrothed, it belongs to her. The halachah is in accordance with R. Akiva.]

הַמְפַתֶּה נוֹתֵן שְׁלֹשָׁה דְבָרִים, וְהָאוֹנֵס אַרְבָּעָה. הַמְפַתֶּה נוֹתֵן בֹּשֶׁת וּפְגָם וּקְנָס. מוֹסִיף עָלָיו אוֹנֵס, שֶׁנּוֹתֵן אֶת הַצַּעַר. מַה בֵּין אוֹנֵס לִמְפַתֶּה. הָאוֹנֵס נוֹתֵן אֶת הַצַּעַר, וְהַמְפַתֶּה אֵינוֹ נוֹתֵן אֶת הַצַּעַר. הָאוֹנֵס נוֹתֵן מִיָּד, וְהַמְפַתֶּה לִכְשֶׁיּוֹצִיא. הָאוֹנֵס שׁוֹתֶה בַעֲצִיצוֹ, וְהַמְפַתֶּה אִם רָצָה לְהוֹצִיא, מוֹצִיא:

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.

כֵּיצַד שׁוֹתֶה בַעֲצִיצוֹ, אֲפִלּוּ הִיא חִגֶּרֶת, אֲפִלּוּ הִיא סוּמָא, וַאֲפִלּוּ הָיְתָה מֻכַּת שְׁחִין. נִמְצָא בָהּ דְּבַר עֶרְוָה, אוֹ שֶׁאֵינָהּ רְאוּיָה לָבֹא בְיִשְׂרָאֵל, אֵינוֹ רַשַּׁאי לְקַיְּמָהּ, שֶׁנֶּאֱמַר, (דברים כב) וְלוֹ תִהְיֶה לְאִשָּׁה, אִשָּׁה הָרְאוּיָה לוֹ:

How does one drink "in his earthen vessel"? Even if she were lame, or blind, or covered with [leprous] boils. If he found in her a thing of nakedness (i.e., indecency), or if she were not fit (halachically) to marry a Jew, he is not permitted to take her, it being written (Deuteronomy 22:29): "And to him shall she be as a wife" — one who is permitted to him as a wife.

יְתוֹמָה שֶׁנִּתְאָרְסָה וְנִתְגָּרְשָׁה, רַבִּי אֶלְעָזָר אוֹמֵר, הַמְפַתֶּה פָטוּר, וְהָאוֹנֵס חַיָּב:

An orphan who was betrothed and divorced — R. Eliezer says: One who seduces her is exempt (from knass) and one who forces her is liable. [For since she is an orphan and her knass belongs to her, she waives it, for she cohabited with him consentingly and he is exempt. And not an orphan alone, but any maiden who was betrothed and divorced — one who forces her is liable, and one who seduces her is exempt, just as in the instance of an orphan, for her knass belongs to her, as R. Akiva says above, and this is the halachah.]

אֵיזוֹהִי בֹשֶׁת, הַכֹּל לְפִי הַמְבַיֵּשׁ וְהַמִּתְבַּיֵּשׁ. פְּגָם, רוֹאִין אוֹתָהּ כְּאִלּוּ הִיא שִׁפְחָה נִמְכֶּרֶת, כַּמָּה הָיְתָה יָפָה וְכַמָּה הִיא יָפָה. קְנָס, שָׁוֶה בְכָל אָדָם. וְכֹל שֶׁיֶּשׁ לוֹ קִצְבָּה מִן הַתּוֹרָה, שָׁוֶה בְכָל אָדָם:

Which is bosheth (shame)? All according to the one who shames and the one who is shamed. [The bosheth of a common man who shames is greater than that of a lowly one or of a distinguished one. Thus did I find it in the glosses of my rabbis. And in Hachovel (Bava Kamma), I found that the bosheth of a lowly man is greater, and this is the essential interpretation. ("and the one who is shamed":) His bosheth is proportionate to his eminence.] (Which is) p'gam (injury)? We perceive her as a bondswoman to be sold. How much would she be worth, and how much is she worth (now). [We assess how much more a man would want to give to marry a virgin bondswoman to a favored bondsman than one who is not a virgin. The gemara asks how we know that one gives bosheth, p'gam, and tza'ar. Perhaps the Torah ordains the fifty kesef to cover everything. And it answers that we derive it from (Deuteronomy 22:29): "Then the man who lies with her shall give the father of the maiden fifty kesef" — the enjoyment of "lying" alone is fifty kesef, aside from bosheth, p'gam, and tza'ar.] Knass is the same for all men. Anything which has a fixed amount in the Torah is the same for all men.

כָּל מָקוֹם שֶׁיֵּשׁ מֶכֶר, אֵין קְנָס. וְכָל מָקוֹם שֶׁיֵּשׁ קְנָס, אֵין מֶכֶר. קְטַנָּה יֶשׁ לָהּ מֶכֶר וְאֵין לָהּ קְנָס. נַעֲרָה יֶשׁ לָהּ קְנָס וְאֵין לָהּ מֶכֶר. הַבּוֹגֶרֶת אֵין לָהּ לֹא מֶכֶר וְלֹא קְנָס:

Wherever there is selling [i.e., selling rights of a father in his daughter (that is, when she is a minor)], there is no knass [i.e., he has no knass rights in her, there being no knass for a minor. The halachah is not in accordance with this Mishnah; for this Mishnah is in accordance with R. Meir, who says that there is no knass for a minor. But the sages say that there is knass for a minor, and the halachah is in accordance with the sages. A minor (k'tanah) in this connection is a girl from three years until twelve years and one day, when she shows two (pubertal) hairs.]; and wherever there is knass, [from the time she is a na'arah; that is, when she is twelve years and one day old and shows two hairs, at which time she receives knass], there is no selling, [a man not selling his daughter when she is a na'arah]. With a minor, there is selling, and there is no knass; with a na'arah, there is knass, and there is no selling. With a bogereth, there is neither selling nor knass. [From the age of twelve years, six months and one day and showing two hairs, she is called a "bogereth." Her father cannot sell her and she receives no knass.]

הָאוֹמֵר פִּתִּיתִי אֶת בִּתּוֹ שֶׁל פְּלוֹנִי, מְשַׁלֵּם בֹּשֶׁת וּפְגָם עַל פִּי עַצְמוֹ, וְאֵינוֹ מְשַׁלֵּם קְנָס. הָאוֹמֵר גָּנַבְתִּי וְטָבַחְתִּי וּמָכָרְתִּי, מְשַׁלֵּם אֶת הַקֶּרֶן עַל פִּי עַצְמוֹ, וְאֵינוֹ מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל וְתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. הֵמִית שׁוֹרִי אֶת פְּלוֹנִי אוֹ שׁוֹרוֹ שֶׁל פְּלוֹנִי, הֲרֵי זֶה מְשַׁלֵּם עַל פִּי עַצְמוֹ. הֵמִית שׁוֹרִי עַבְדּוֹ שֶׁל פְּלוֹנִי, אֵינוֹ מְשַׁלֵּם עַל פִּי עַצְמוֹ. זֶה הַכְּלָל כָּל הַמְשַׁלֵּם יָתֵר עַל מַה שֶּׁהִזִּיק, אֵינוֹ מְשַׁלֵּם עַל פִּי עַצְמוֹ:

If one said: I seduced that man's daughter, he pays bosheth and p'gam by his own testimony [Not only if he says: I forced her, where he does not injure her that much, the la'az ("ill report") of one who was forced not being that great — not only in such an instance does he pay by his own testimony; but even if he says: I seduced her, where he injures her more, the la'az of one who was seduced being great, so that we might think we do not believe him to strengthen the la'az — we nevertheless say that she would prefer this (that he be believed) in order to gain the money thereby.], and he does not pay knass. [For one who admits to knass is exempt from it, it being written (Exodus 22:8): "Whom the judges incriminate shall pay double" — to exclude one who incriminates himself.] If one says: I stole, I slaughtered, and I sold, he pays the principal (keren) by his own testimony, but he does not pay the double payment (kefel) and the "four and five" payment. (If he says:) My ox killed that man [and I owe kofer (the "ransom" payment), he pays by his own testimony, it being held that kofer is monetary payment (and not knass)], or (if he says: My ox killed) that man's ox, he pays by his own testimony. (If he says:) My ox killed that man's bondsman [and I owe thirty sela], he does not pay by his own testimony, [for it (thirty sela) is knass, thirty sela being given even if he is not worth one sela.]