Arakhin

[Argue thus,] If two men had intercourse with her, the one in a natural way, the other in an unnatural manner,1 people will say: He who has lain with a blemished [woman pays] fifty, and he who has lain with a sound [woman]2 fifty! Said Abaye to him: But with regard to a slave they would equally say: For [the death of] a healthy slave thirty, and for one afflicted with boils also thirty? Rather, said Abaye: [This is his answer,] Scripture said: Because he hath humbled her,’ from this it is evident that there is also indemnification for shame and blemish. Raba said: Since Scripture said, Then the man that lay with her shall give,3 it indicates that for the enjoyment of lying with her [he must pay] fifty shekels, from which we infer that there are other things [to pay for], viz., shame and blemish. MISHNAH. THE LAW OF HIM THAT HATH BROUGHT UP AN EVIL NAME4 IS AT TIMES IN THE DIRECTION OF LENIENCY, AT OTHERS IN THE DIRECTION OF STRINGENCY. HOW IS THAT? IT IS ALL ONE WHETHER A MAN HATH BROUGHT UP AN EVIL NAME AGAINST A WOMAN FROM THE NOBLEST OF PRIESTLY STOCK OR OF THE HUMBLEST IN ISRAEL. HE MUST PAY A HUNDRED SELA'S. THUS IT IS FOUND THAT HE WHO SPEAKS WITH HIS MOUTH SUFFERS MORE THAN HE THAT COMMITS AN ACT.5 THUS WE DO ALSO FIND THAT THE JUDGMENT AGAINST OUR FATHERS IN THE WILDERNESS WAS SEALED ONLY BECAUSE OF THEIR EVIL TONGUE, AS IT IS WRITTEN: YET HAVE PUT ME TO PROOF THESE TEN TIMES etc.6 GEMARA. Whence do we know that?7 Perhaps it is due to the fact that he wanted to bring about her death, as it is written: But if this thing be true . . . then they shall bring out the damsel . . . and stone her with stones that she die!8 — Raba answered: Scripture said, Because he hath brought up an evil name,9 i.e., [only] because of the evil name that he has brought up. THUS DO WE ALSO FIND THAT THE JUDGMENT etc. Whence do we know that? Perhaps it was due to the fact that their measure [of guilt] was not full yet. for R. Hamnuna said: The Holy One, blessed be He, does not punish man until his measure is full, as it is said: In the fulness of his sufficiency he shall be in straits!10 — Resh Lakish replied: Scripture said, ‘Yet have put Me to proof these ten times’, i.e., because of ‘these’ was the judgment against them sealed, It was taught: R. Eleazar b. Perata said, Come and see how great the power of an evil tongue is! Whence do we know [its power]? From the spies: for if it happens thus to those who bring up an evil report against wood and stones, how much more will it happen to him who brings up an evil report against his neighbour! But whence [follows] that? Perhaps it is as explained by R. Hanina b. Papa; for R. Hanina b. Papa said: A stark thing did the spies say in that hour, as it is written: For they are stronger than we’.11 Do not read: ‘than we’ but ‘than He’: as it were, even the Master of the house cannot remove his utensils from here!12 Rather, said Rabbah in the name of Resh Lakish: Scripture said, Even those men that did bring up an evil report against the land, died by the plague against the Lord,13 i.e., [they died just] because of the evil report which they had brought up. It was taught: R. Judah said, With ten trials did our forefathers try the Holy One, blessed be He: two at the sea, two because of water, two because of manna, two because of the quails, one in connection with the golden calf, and one in the wilderness of Paran, ‘Two at the sea’: one at the going down, the other at the coming up. ‘At the going down’, as it is written: Because there were no graves in Egypt [hast thou taken us away to die in the wilderness]?14 ‘At the coming up’: That is in accord with what R. Huna taught, for he said: The Israelites of that generation were among those of little faith; as Rabbah b. Mari expressed it; for Rabbah b. Mari said: It is written: But they were rebellions at the sea, even at the Red Sea; nevertheless He saved them for His name's sake.15 This teaches that Israel were rebellious at that very hour, saying: Just as we go up from this side, so will the Egyptians go up from the other side. The Holy One, blessed be He, said to the Prince of the Sea: Cast them out on the dry land! He answered: Sovereign of the Universe, is there a slave to whom his Master gives a gift and then takes it away from him again? He said to him: I shall give you [afterwards] one and a half times as many of them.16 He said before Him: Sovereign of the Universe, is there any slave who can claim anything against his master? He said: The brook of Kishon shall be surety. At once he cast them on the dry land, as it is written: And Israel saw the Egyptians dead on the sea-shore.17 ‘Twice because of water’: at Marah, and at Refidim. ‘At Marah’, as it is written: And when they came to Marah, they could not drink,18 and it is written: And the people murmured against Moses.19 ‘At Refidim’, as it is written: They encamped in Refidim and there was no water to drink,20 and it is also written: Wherefore the people strove with Moses.21 ‘Twice because of the manna as it is written: seduction. Thereupon she suffered the second violation. her when she was blemished shall pay the same. Hence the additional indemnifications. that act (before she was married), he would have to pay but fifty sela's. (If she was betrothed and he violated or seduced her, he suffers the penalty of death, she only in case of seduction, not of course if she was violated). Sea, where there were only six hundred, thus making true the promise.