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The Mishnah

כתובות ג׳Ketubot 3

Perek 3 of 13 in Ketubot — 9 mishnayot

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Mishnah 1א׳

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.]

Mishnah 2ב׳

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.]

…and 5 more mishnayot in this perek.

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Mishnah, Torat Emet 357 edition, via Sefaria — public domain

English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY