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Babylonian Talmud: Tractate Kethuboth[Now] is not real 'harm' meant?1 No, the law concerning 'harm' [is meant].2 Some say: R. Johanan raised an objection against Resh Lakish: [It is written] 'And if no harm follow, he shall be surely fined'. Is not the law concerning 'harm' [meant]?2 No, real 'harm' [is meant].1 Raba said: Is there any one who holds that he who committed inadvertently an act which, if he had committed it wilfully, would have been punishable with death [and which is also punishable with the payment of money] is bound [to make the money payment]? Has not the school of Hezekiah taught: [It is written] He that smiteth a man … he that smiteth a beast3 [from which we infer:] As in [the case of] the killing of a beast you have made no distinction between [it being done] inadvertently and wilfully, intentionally and unintentionally, by way of going down or by way of going up,4 so as to free him [from the payment], but [in any case] make him liable to pay, so also in [the case of] the killing of a man you shall make no distinction between [it being done] inadvertently and wilfully, intentionally and unintentionally, by way of going down or by way of going up, so as to make him liable to pay money, but to free him from paying money?5 But when Rabin came [from Palestine], he said: [As to] him who committed inadvertently an act which, if he had committed it wilfully, would have been punishable with death [and which is also punishable with the payment of money] — all agree that he is free [from the payment of money], they only differ when the act committed inadvertently would, if committed wilfully, have been punishable with lashes and something else.6 R. Johanan says [that] he is bound [to make the money payment, because] only with regard to those who commit an act punishable with death, the analogy is made,7 [but] with regard to those who commit an act punishable with lashes, the comparison is not made. [But] Resh Lakish says [that] he is free [from making the money payment, because] the Torah has expressly included those who commit an act punishable with lashes to be as those who commit an act punishable with death. Where has the Torah included [them]? — Abaye said: [We infer it from] the double occurrence of 'wicked man'8 Raba said: [We infer it from] the double occurrence of 'smiting'.9 R. Papa said to Raba: Which 'smiting' [do you mean]? If you mean10 [the verse]11 'And he that smiteth a beast shall pay for it, and he that smiteth a man shall be put to death,' this12 speaks13 of the death penalty?14 — Is it this 'smiting'; he that smiteth a beast shall pay for it: life for life and next to it [comes] And if a man cause a blemish in his neighbour, as he hath done so shall it be done to him?15 But here [the term] 'smiting' is not mentioned!16 — We mean17 the effect of 'smiting'.18 But this verse refers to one who injures his fellow, and one who injures his fellow has to pay damages?19 — It if does not refer to a 'smiting' in which there is the value of a perutah,20 refer it21 to a smiting in which there is not the value of a perutah.22
Kethuboth 35bAnyhow, he is not liable to pay damages?1 — It necessarily [speaks of a case] where, while he smote him, he tore his silk garment.2 R. Hiyya said to Raba: And according to the Tanna of the school of Hezekiah, who says: [It is written] 'He that smiteth a man … He that smiteth a beast' [etc.,]3 — whence does he know that it4 refers to a week-day and there is no distinction to be made?5 Perhaps it refers to the Sabbath, [in which case] there is a distinction to be made with regard to the beast itself?6 — This cannot be,7 for it is written: 'And he that smiteth a beast shall pay for it, and he that smiteth a man shall be put to death.' How shall we imagine this case? If they did not warn him, why should he, if he killed a man, be put to death? Hence it is clear that they warned him,8 and if [it happened] on a Sabbath would he, if he smote a beast, pay for it?9 Therefore it can only refer to10 a week-day.11 R. Papa said to Abaye: According to Rabbah, who says [that] the Torah has instituted something novel in the matter of fines and [therefore] he pays although he is killed12 — according to whom does he put our Mishnah? If according to R. Meir,13 [the law regarding] his daughter is difficult,14 if according to R. Nehunia b. ha-Kana,15 [the law regarding] his sister is difficult;16 [and] if according to R. Isaac17 [the law regarding] a mamzereth is difficult?18 It would be alright if he would hold like R. Johanan,19 [for] he would [then] explain it20 like R. Johanan.19 But if he holds like Resh Lakish21 how can he explain it?22 — He [therefore], of necessity, holds like R. Johanan. R. Mattena said to Abaye: According to Resh Lakish who says that the Torah has expressly included those who commit an act punishable with lashes to be as those who commit an act punishable with death23 — who is the Tanna, who differs from R. Nehunia b. ha'Kana?24 It is either R. Meir25 or R. Isaac.26 Our Rabbis taught: All forbidden relations and all relations forbidden in the second degree have no claim27 to fine [for outrage]28 or to indemnity for seduction. A woman who refuses [her husband] by mi'un29 has no claim to fine [for outrage] or to indemnity for seduction. [In this case] a barren woman has no claim to fine for outrage or to indemnity for seduction. And a woman who has gone out30 on account of an evil name,31 has no claim to fine for outrage or to indemnity for seduction. What are 'forbidden relations' and what are 'relations forbidden in the second degree'? Shall I say [that] 'forbidden relations' - To Next Folio -
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