Si un na'arah fuera seducido, su bosheth, su p'gam y su knass le pertenecían a su padre, y su tza'ar, [también,] si la obligaban. Si ella apareció antes de Bet-din antes de que su padre muriera, pertenecen a su padre. Si su padre murió [después de que ella apareció antes de beth-din como na'arah, ya sea que ella se convirtiera o no en un bogereth antes de que él muriera], pertenecen a los hermanos, [porque desde que él apareció antes de beth-din, el padre los adquirió .] Si ella no apareció antes de Beth-Din antes de que su padre muriera, le pertenecen. [Ya que él no apareció antes de Bet-Din, no hay dinero para legar a sus hijos.] Si ella apareció antes de Beth-Din antes de convertirse en un bogereth, pertenecen a su padre. Si su padre murió, pertenecen a sus hermanos. Si ella no apareció antes de beth-din antes de convertirse en una bogereth, le pertenecen. R. Shimon dice: Si ella no recolectó antes de que el padre muriera, le pertenecen. [Incluso si él apareció antes de Bet-din, no es el dinero del padre legar a sus hijos hasta que llegue a sus manos, está escrito (Deuteronomio 22:19): "Entonces el hombre que se acuesta con ella dará al padre de el na'arah cincuenta kesef "—la Torá hizo que el padre la adquiriera solo desde el momento de "dar". La halajá no está de acuerdo con R. Shimon.] El trabajo de sus manos [que realizó en la vida de su padre, a pesar de que no cobró su salario] y su metziah (los objetos que encuentra), aunque lo hizo No lo recoja, si su padre murió, pertenecen a sus hermanos. [La gemara pregunta: ¿De quién recoge ella su metziah? Y responde: Esta es la intención: el trabajo de sus manos es como su metziah, a saber: al igual que su metziah, en la vida de su padre le pertenece a su padre, y después de la muerte de su padre, a ella (es decir, los hermanos no adquieran lo que la hija encontró después de la muerte de su padre), por lo que el trabajo de sus manos en la vida de su padre pertenece al padre y es adquirido por sus hermanos incluso si ella no hubiera cobrado su salario; pero el trabajo de sus manos (que realiza) después de la muerte de su padre le pertenece a ella, y sus hermanos no tienen derechos en la obra de la hija después de la muerte del padre.]
Bartenura on Mishnah Ketubot
נערה: והצער בתפוסה – and the “pain” also goes to her father with someone who was raped.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Introduction
Our mishnah deals with the issue of who receives the payments if a girl is raped or seduced.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
מת האב – from when she stood in court during her being a young woman, whether she became an adult prior to [her father’s] death or whether she had not become a young man, they belong to the brothers, for since he stood before the court, the father took possession.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
If a young girl was seduced [the compensation for] her embarrassment and blemish and the fine belong to her father; [and the compensation for] pain in the case of one who was raped. This section teaches that all of the payments that are incurred by one who rapes or seduces a young girl are given to the father.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
לא הספיק לעמוד בדין וכו' – since he did not stand before the court, it is not his money to bequeath to his sons.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
If the girl’s case was tried before her father died [all the forms of compensation] are her father’s. If her father [subsequently] died they are her brothers’. If her father died before her case was tried they are hers. The mishnah now begins to deal with various situations in which the father died. The question is: does the money go to the girl herself, or does it go to her brothers who inherit her father? If the case was tried before the father died and then her father died the payments go to her brothers. This is because once the case was tried it is as if the father had already collected, even though he may not actually have collected. In essence the rapist or seducer owes the father money. Since this is so, when he dies, the seducer or rapist pays the money to the brothers, the father’s inheritors. However, if the father died before the case was tried, the money belongs to her. This is because at the point that it was determined that the rapist or seducer owes the money, she was already an orphan.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
רבי שמעון אומר – even though he stood in court, it is not the money of the father to bequeath to his sons until it reaches his hand, as it is written (Deuteronomy 22:29): The man who lay with her shall pay the girls father fifty [shekels of] silver.” The Torah did not cause the father to take possession until the time of the giving [of the money], but the Halakha is not according to Rabbi Shimon.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
If her case was tried before she became of majority age [all forms of compensation] are her father’s. If her father [subsequently] died they are her brothers’. If she became of majority age before her case was tried they are hers. This section deals with a situation in which the money has not been collected and she became of majority age. At this age her father no longer receives money that she earns. If the case was tried before she became of majority, and then the father died, the money goes to her brothers, for the same reasons outlined above. Since the debt was owed to the father, the brothers inherit this debt. However, if the case was not tried until after she became of majority age, the payments go directly to her, even if her father is still alive.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
מעשה ידיה – that she did during the life of her father, even though she had no collected, [such as, for example], the salary/reward for work.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Rabbi Shimon says if her father died before she could collect [the payments] they belong to her. According to the opinion in the above sections, the point at which the debt is determined is the trial. Rabbi Shimon disagrees and says that if she didn’t collect before her father dies, even if they have already been to trial, the money goes to her. According to Rabbi Shimon, the father does not bequeath money that is owed to him to his sons.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
ומציאתה – In the Gemara (Tractate Ketubot 43a), it raises the question: “from whom is she to collect anything she finds?” And it responds as such: this is what he said: her handiwork is like anything she finds. Just as whatever she finds during the lifetime of her father belongs to her father, and after the death of her father is hers, meaning to say, that the brothers do not take possession of what the daughter has found after the death of the father, so too her handiwork [earned] during the lifetime of her father, belongs to the father and the brothers took possession of it [after their father’s death], even though she did not collect the earnings of her labor, but her handiwork that comes after the death of the father is hers, and the brothers do not have possession of the handiwork of the daughter who performs it after the death of the father.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Her handiwork and anything she finds, even if she had not collected [the proceeds] belong to her brothers if her father died. While a daughter is in the status of a “na’arah” or younger all of her earnings belong to her father. Our mishnah teaches that any work she did or things that she found, even if they have not yet been collected (such as wages) already belong to her father. If he dies they go to her brothers as part of their father’s inheritance.
