Qual é bosheth (vergonha)? Tudo de acordo com quem envergonha e quem está envergonhado. [O bosheth de um homem comum que envergonha é maior que o de um humilde ou de um distinto. Foi assim que encontrei nos glosses dos meus rabinos. E em Hachovel (Bava Kamma), descobri que os filhos de um homem humilde são maiores, e esta é a interpretação essencial. ("e aquele que está envergonhado"). Seu bosheth é proporcional à sua eminência.] (Qual é) p'gam (lesão)? Nós a percebemos como uma fiança a ser vendida. Quanto ela valeria, e quanto ela vale (agora). [Avaliamos quanto mais um homem gostaria de dar para casar uma fiador virgem com um fiador favorecido do que aquele que não é virgem. A gemara pergunta como sabemos que alguém dá bosheth, p'gam e tza'ar. Talvez a Torá ordene os cinquenta kesef para cobrir tudo. E responde que derivamos disso (Deuteronômio 22:29): "Então o homem que se deitar com ela dará ao pai da donzela cinquenta kesef"—o prazer de "mentir" sozinho é de cinquenta kesef, além de bosheth, p'gam e tza'ar.] Knass é o mesmo para todos os homens. Qualquer coisa que tenha uma quantia fixa na Torá é a mesma para todos os homens.
Bartenura on Mishnah Ketubot
הכל לפי המבייש – an average person who shames, his shame is harder than a despised person and/or from an important person. This is what I found in the explanations of my teachers. But in the [eight chapter of Bava Kamma], the Chapter of החובל /One who causes injury, I found that a simple person who is shamed, his shame is greater, and this is the essence (see the statement in Tractate Bava Kamma, Chapter 8, Mishnah 6: זה הכלל: הכל לפי כבודו – This is the general principle: Everything is according to one’s station/status).
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English Explanation of Mishnah Ketubot
Introduction
This mishnah deals with three types of payment that the seducer must pay: embarrassment, blemish and the fine. These were listed above in mishnah four.
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Bartenura on Mishnah Ketubot
והמתבייש – according to his importance is his shame.
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English Explanation of Mishnah Ketubot
How is [the compensation that is paid for] embarrassment [reckoned]? It all depends on the status of the offender and the offended. Embarrassment is relative to the social standing of the woman and the man. The higher the social standing of the woman, the higher this payment will be, and the lower the social standing of the man, the higher the payment will be. Others explain that a man of higher social standing will pay a greater payment because he embarrasses the woman more.
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Bartenura on Mishnah Ketubot
כאילו היא שפחה – we appraise how much a man wants to give whether for a virgin maidservant or for a maidservant who has had intercourse to marry her to his servant whose master has satisfaction from him. And in the Gemara (Tractate Ketubot 40b) raises a question: from where [in the Torah] do we learn that he pays for shame, and damage and pain? I would say that the All-Merciful said (Deuteronomy 22:29): “fifty [shekels of] silver,” to all the words and he answers, Scripture states (Deuteronomy 22:29): “The man who lay her shall pay the girl’s father fifty [shekels of] silver,[and she shall be his wife].” The pleasure of lying is separate, the fifty [shekels of] silver is outside of the shame and the damage and the pain.
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English Explanation of Mishnah Ketubot
How is [the compensation that is paid for] blemish [reckoned]? She is regarded as if she were a slave to be sold in the market place [and it is estimated] how much she was worth then and how much she is worth now. The blemish of a woman raped is calculated the same way that blemishes caused by other types of injury are calculated. An estimate is made how much she would have been worth as a slave sold on the market before she had relations (either by seduction or rape) and how much she was worth afterwards. This is the same way that an estimate would be made for a payment for blemish if, for instance, someone cut off someone else’s hand. What is somewhat puzzling is why a virgin slave would be worth more than a non-virgin slave. The Talmud supposes that a master may want to purchase a female virgin slave on behalf of his trustworthy male slave, one whom he might want to “reward”.
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English Explanation of Mishnah Ketubot
The fine is the same for all. And any sum that is fixed in the Torah remains the same for all. Any fine that is given a fixed sum in the Torah, is fixed and can never be raised or lowered. Such is the case with the bride-price. Therefore, a seducer will pay a fine of 50 shekels whether he has relations with a poor girl or with the daughter of a king. Other examples of fixed sums in the Torah are an ox that kills a slave (Exodus 21:32) and a husband who makes a false virginity claim against his wife (Deut. 22:19).
