סקר
בבא מציעא - הפרק הקשה במסכת:







 

Steinsaltz

We too will say: Ailonit, a sexually underdeveloped woman, is a term meaning: Like a ram [dukhranit], because like a male sheep [ayyil] she does not bear children.

MISHNA: With regard to a female convert, or a captive woman, or a maidservant, who were ransomed with regard to the captive, or who converted with regard to the convert, or who was freed with regard to the maidservant, when she was less than three years and one day old, for all of these, their marriage contract is two hundred dinars, as their presumptive status is that of a virgin. Even if they were subject to intercourse when they were younger than that age, the hymen remains restored. And they are subject to a claim concerning their virginity.

GEMARA: Rav Huna said: With regard to a convert who is a minor, one immerses him in a ritual bath with the consent of the court. As a minor lacks the capacity to make halakhic decisions, the court is authorized to make those decisions in his stead.

What is Rav Huna coming to teach us? Is he teaching that it is a privilege for the minor to convert, and one may act in a person’s interests even in his absence? We already learned that explicitly in a mishna (Eiruvin 81b): One may act in a person’s interests in his absence, but one may not act against a person’s interests in his absence.

Rav Huna’s statement was necessary lest you say: With regard to a gentile, licentiousness is preferable for him, so conversion is contrary to his interests, just as we maintain that with regard to a slave, licentiousness is certainly preferable. Just as a slave has no interest in assuming the restrictions that come with freedom, in that a freed Canaanite slave is a convert to Judaism, a gentile would have the same attitude toward conversion.

Therefore, Rav Huna teaches us: That applies only with regard to an adult, who has experienced a taste of prohibition. Therefore, presumably he prefers to remain a slave and indulge in licentiousness. However, with regard to a minor, who did not yet engage in those activities, it is a privilege for him to convert.

The Gemara suggests: Let us say that the mishna supports Rav Huna’s statement: With regard to a female convert, or a captive woman, or a maidservant, who were ransomed with regard to the captive, or who converted with regard to the convert, or who were freed with regard to the maidservant, when she was less than three years and one day old; what, is it not referring to a case where they immersed the minor converts and the maidservants with the consent of the court? Apparently, a conversion of that sort is valid.

The Gemara rejects that proof: No, with what are we dealing here? It is with a convert whose minor sons and daughters converted with him, as they are content with whatever their father does in their regard. However, that does not apply to a child who is converting on his own.

Rav Yosef said: In any case where minors convert, when they reach majority they can protest and annul their conversion. Abaye raised an objection to his opinion from the mishna: With regard to a female convert, or a captive woman, or a maidservant who were ransomed, or who converted, or who were freed when they were less than three years and one day old, their marriage contract is two hundred dinars. And if it enters your mind to say that when they reach majority they can protest and annul their conversion, do we give her the payment of the marriage contract that she will go and consume in her gentile state?

The Gemara answers: She receives payment of her marriage contract once she has reached majority and does not protest, but not while still a minor. The Gemara asks: When she reaches majority too, is there not the same concern that she will protest and abandon Judaism? The Gemara answers: Once she reached majority for even one moment and did not protest, she may no longer protest. This mishna poses no difficulty to the opinion of Rav Yosef.

Rava raised an objection from a mishna (29a): These are the cases of young women for whom there is a fine paid to their fathers by one who rapes them: One who engages in intercourse with a mamzeret; or with a Gibeonite woman [netina], who are given [netunim] to the service of the people and the altar (see Joshua 9:27); or with a Samaritan woman [kutit]. In addition, the same applies to one who engages in intercourse with a female convert, or with a captive woman, or with a maidservant, provided that the captives were ransomed or that the converts converted, or that the maidservants were freed when they were less than three years and one day old, as only in that case do they maintain the presumptive status of a virgin. In all of these cases, there is a fine paid to their fathers if they are raped. And if you say that when they reach majority they can protest and annul their conversion, do we give her payment of the fine that she will go and consume in her gentile state?

The Gemara answers: Her father receives payment of the fine once she has reached majority and does not protest, but not while she is still a minor. The Gemara asks: When she reaches majority too, is there not the same concern that she will protest and abandon Judaism? The Gemara answers: Once she reached majority for even one moment and did not protest, she may no longer protest.

Abaye did not state his objection from the same source as did Rava, because there, in the mishna cited by Rava, it is referring to a fine, and in that case this is the reason: So that the sinner will not profit. The Sages did not absolve the rapist from payment of the fine merely due to the concern that the woman he raped may ultimately negate the conversion.

Rava did not state his objection from the same source as did Abaye, as with regard to a marriage contract, this is the reason that the Sages instituted it: So that his wife will not be inconsequential in his eyes, enabling him to easily divorce her. As long as this woman does not negate her conversion, she is a Jewish woman and the Sages saw to her interests.

MISHNA: With regard to an adult man who engaged in intercourse with a minor girl less than three years old; or a minor boy less than nine years old who engaged in intercourse with an adult woman; or a woman who had her hymen ruptured by wood or any other foreign object, for all these women their marriage contract is two hundred dinars, as their legal status is that of a virgin. This is the statement of Rabbi Meir. And the Rabbis say: The marriage contract of a woman whose hymen was ruptured by wood is one hundred dinars, as physically, since her hymen is not intact, she is no longer a virgin.

With regard to a virgin who is either a widow, a divorcée, or a ḥalutza who achieved that status from a state of marriage, for all these women their marriage contract is one hundred dinars,

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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