Se uma na'arah era seduzida, seus bens, seu p'gam e seus joelhos pertencem a seu pai, e seu tza'ar, também, se fosse forçada. Se ela apareceu antes de beth-din antes da morte do pai, eles pertencem ao pai. Se o pai dela morreu [depois que ela apareceu antes de beth-din como uma na'arah, se ela se tornou uma bogereth antes dele morrer], eles pertencem aos irmãos, [pois desde que ele apareceu antes de beth-din, o pai os adquiriu .] Se ela não apareceu antes da morte de seu pai, eles pertencem a ela. [Visto que ele não apareceu antes de beth-din, não há dinheiro para legar a seus filhos.] Se ela apareceu antes de beth-din antes de se tornar uma bogereth, eles pertencem ao pai dela. Se o pai dela morreu, eles pertencem aos irmãos dela. Se ela não apareceu antes de beth-din antes de se tornar um bicho-papão, eles pertencem a ela. R. Shimon diz: Se ela não colecionou antes da morte do pai, eles pertencem a ela. [Mesmo que ele tenha aparecido antes de beth-din, não é o dinheiro do pai legar a seus filhos até que ele alcance suas mãos, como está escrito (Deuteronômio 22:19): "Então o homem que se deitar com ela dará ao pai de o na'arah cinquenta kesef "—a Torá fez com que o pai a adquirisse apenas a partir do momento da "doação". A halachá não está de acordo com R. Shimon.] O trabalho de suas mãos [que ela realizou na vida de seu pai, mesmo que ela não recebesse seu salário] e sua metziah (os objetos que ela encontra), mesmo que ela tenha feito não colecioná-lo, se o pai dela morreu, eles pertencem aos irmãos dela. [A gemara pergunta: De quem ela coleciona seu metziah? E responde: Esta é a intenção: O trabalho de suas mãos é como seu metziah, a saber: Assim como seu metziah, na vida de seu pai, pertence ao pai e, após a morte do pai, a ela (ou seja, os irmãos não adquira o que a filha encontrou após a morte de seu pai); portanto, o trabalho de suas mãos na vida de seu pai pertence ao pai e é adquirido por seus irmãos, mesmo que ela não tenha recebido seu salário; mas o trabalho de suas mãos (que ela realiza) após a morte de seu pai pertence a ela, e seus irmãos não têm direitos sobre o trabalho manual da filha após a morte de seu pai.]
Bartenura on Mishnah Ketubot
נערה: והצער בתפוסה – and the “pain” also goes to her father with someone who was raped.
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English Explanation of Mishnah Ketubot
Introduction
Our mishnah deals with the issue of who receives the payments if a girl is raped or seduced.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
