Study Ketubot folio 38B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Say to the contrary; the term “virgin,” written with regard to both rape and seduction, is to derive a verbal analogy, and not to exclude a non-virgin, and the phrase “Who was not betrothed” will be interpreted as R' Yosei HaGelili interpreted it, to exclude a young woman who was betrothed and div
The Talmud answers: It stands to reason that the phrase “Who was not betrothed” is utilized to derive a verbal analogy, and not to exclude one who was betrothed and divorced, as even after the divorce I can still read the phrase “A young woman who is a virgin” as applying to her. The Talmud asks:
The Talmud asks: And from where does R' Yosei HaGelili derive this conclusion with regard to the amount of the payment for seduction and the type of money used in the payment for rape? The Talmud responds: He derives it from that which was taught in a baraita that it is written with regard to seduct
§ The Talmud comments: It is difficult as there is a contradiction between one statement of R' Akiva and another statement of R' Akiva. In the Mishnah he ruled that the fine for the rape of a young woman who was betrothed and divorced is paid to the woman, and in the baraita he ruled that it is pai
The Talmud observes: Granted, the statement of R' Akiva of the Mishnah is reasonable, as a verbal analogy does not come and divert the verse from its plain meaning entirely. The plain meaning of the phrase: “Who was not betrothed” is that there is a difference between a young woman who was betroth