Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

The Rape of Helen, Artist Luca Penni (1500)

Ketubot 36: No Reparations

jyungar August 11, 2022

For the source text click/tap here: Ketubot 36

To download, click/tap here: PDF

A new Mishna details those whose fathers get no fine if they are raped or seduced: a convert, a emancipated captive woman, and a redeemed gentile maidservant who were converted or freed when they were older than three years and one day.

The assumption is that they must have had sexual intercourse.

Rabbi Yehuda argues that the captive woman might still be a virgin.

Girls and women who were raped by their father, grandfather, step-father, or step-grandfather.

This is because the perpetrator is liable to the death penalty and thus he does not pay a fine.

Justin Jaron Lewis reviews cases of rape, where one might expect the rabbis to punish the transgressors, even if they could not be convicted under the stringent Talmudic rules of evidence.

However, in the responsa of three late 18th century women the issue of punishment does not arise. Moreover, the halakhic process, in these cases, has proven capable only of solving problems of its own creation and incapable of listening to women or answering their calls for help.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​