Talmud - Ketubot 44b כתובות מ״ד ב׳

GEMARA: Since the rulings of the mishna are based on the principle that the special halakhot of a betrothed young woman who committed adultery apply only to a woman who was born Jewish, the Gemara questions the halakha that a woman who was conceived when her mother was a gentile but born when her mother was Jewish is executed via stoning: From where are these matters derived? Reish Lakish said: As the verse states: “And the men of her city shall stone her with stones that she die” (Deuteronomy 22:21). The phrase “that she die” is superfluous and comes to include one whose conception occurred when her mother was not yet in a state of sanctity but her birth took place when her mother was in a state of sanctity.

The Gemara asks: If so, if the verse equates her to a regular Jewish woman, let her husband also be flogged if he defames her, and let him also pay the one hundred sela. The Gemara answers that the verse states: “That she die” (Deuteronomy 22:21), which indicates that she was included with regard to the death penalty but not with regard to the fine. The Gemara asks another question: Say that this verse comes to include only a girl whose conception and birth both occurred when her mother was in a state of sanctity. The Gemara responds: That girl is a full-fledged Jewish woman, and there is no difference between her and any other Jewish woman.

The Gemara asks a question from the opposite perspective: And say that the verse comes to include even one whose conception and birth both occurred when her mother was not in a state of sanctity. The Gemara answers: If so, the phrase “in Israel” (Deuteronomy 22:21), what purpose does it serve? This expression indicates that this halakha applies only to a woman who was born Jewish.

§ Rabbi Yosei bar Ḥanina said: The defamer of an orphan girl is exempt, as it is stated: “And they shall fine him a hundred shekels of silver, and give them to the father of the young woman” (Deuteronomy 22:19), which excludes this one who does not have a father.

Rabbi Yosei bar Avin, and some say it was Rabbi Yosei bar Zevida, raised an objection to this from the following baraita: The verse states with regard to a seduced young woman: “If her father utterly refuse [ma’en yima’en] to give her to him, he shall pay money according to the dowry of virgins” (Exodus 22:16). The double phrase “utterly refuse [ma’en yima’en]” comes to include an orphan for the fine, i.e., if she does not have a father and she herself refuses to marry her seducer, he must pay her the fine. This is the statement of Rabbi Yosei HaGelili. This proves that the fact that the girl does not have a father does not exempt her seducer from paying the fine.

The Gemara states that Rabbi Yosei bar Avin raised the objection and he resolved it: Rabbi Yosei HaGelili refers to one who had intercourse with her and afterward was orphaned. Since she had a father when the incident occurred, he is obligated to pay her the fine.

Rava said, in contrast to Rabbi Yosei bar Ḥanina, that one who defames an orphan is obligated to pay the fine. From where does he learn this? He learns this from the fact that Ami taught that the fine applies to one who defamed “a virgin of Israel” (Deuteronomy 22:19) and does not apply to one who defamed a virgin who is a convert.

Rava elaborates: Granted, if you say that in a case like this, where a woman has no father, with regard to a woman who was born as a Jew, he is obligated to pay, that is why it was necessary for the verse to exclude converts. Every convert is considered like an orphan, as the familial connection with her parents is severed upon her conversion, and therefore it is as though she did not have a father. However, if you say that in a case like this involving a woman born as a Jew he is exempt, now if in a case involving a woman born as a Jew he is exempt, is it necessary to derive from a verse that converts are not entitled to the fine? The fact that there is such a derivation in the case of converts indicates that in the case of a Jewish-born orphan, the defamer must pay a fine.

§ Reish Lakish said: The defamer of a minor girl is exempt, as it is stated: “And give them to the father of the young woman [na’ara]” (Deuteronomy 22:19). The word na’ara is written in full, with the letter heh at the end, whereas elsewhere in the Torah it is written without the heh. This indicates that the verse was speaking of a female who has fully attained the status of a young woman, rather than a minor who has not yet reached the state of being a young woman.

Rav Aḥa bar Abba strongly objects to this: Is it correct that the reason is that it is written with regard to her “na’ara” in full, but if that were not so, I would say that even a minor is included in this halakha? Isn’t it written: “But if this matter is true, that the tokens of virginity were not found in this young woman, then they shall bring out the young woman to the entrance to her father’s house and the men of her city shall stone her” (Deuteronomy 22:20–21)? And since a minor is not eligible for punishment, this verse evidently is referring to a young woman, not a minor, and therefore there is no need for the aforementioned exposition.

Rather, the verse should be understood as follows: Here, where it is evident that the Torah is referring to a young woman, it writes na’ara with a heh, from which it may be inferred that wherever it is stated na’ara without a heh at the end, it indicates that the verse is referring even to a minor girl. The term na’ara without a heh is referring to both a minor and a young woman and excludes only an adult woman.

Sheila taught in a baraita: There are three different circumstances with regard to a young woman who has been defamed. If witnesses came to testify about her when she was in her father-in-law’s house, i.e., after she was married, and stated that she committed adultery in her father’s house, when she was betrothed,

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Ketuvot 44b explores which women born to a convert qualify for the adultery penalties and fines, based on the timing of conception and birth.