Ketubot

why then should not this law  also be inferred?  — Scripture stated, He shall surely pay a dowry for her to be his wife,  'her'  [implies]  only if he is so minded [need he marry her]. WHAT IS MEANT BY 'MUST DRINK OUT OF HIS POT' etc.? R. Kahana said, I submitted the following argument before R. Zebid of Nehardea:  Why should not the positive commandment  supersede the negative one?  And he replied to me: 'Where do we say that a positive commandment supersedes a negative one? [Only in a case], for instance, like circumcision in leprosy.  since otherwise it would be impossible to fulfil the positive commandment, but here, if she should say that she did not want [the man for a husband], would [the question of the performance of] the positive commandment  ever have arisen?' MISHNAH. IF AN ORPHAN WAS BETROTHED AND THEN DIVORCED, ANY MAN WHO VIOLATES HER, SAID R. ELEAZAR, IS LIABLE [TO PAY THE STATUTORY FINE]  BUT THE MAN WHO SEDUCES HER IS EXEMPT. GEMARA. Rabbah b. Bar Hana stated in the name of R. Johanan: R. Eleazar made his statement  on the lines of the view of his master R. Akiba who ruled: She  is entitled to receive the fine, and, moreover, the fine belongs to her. How is this  inferred?  — As it was stated, IF AN ORPHAN … ANY MAN WHO VIOLATES HER, SAID R. ELEAZAR, IS LIABLE [TO PAY THE STATUTORY FINE] BUT THE MAN WHO SEDUCES HER IS EXEMPT, [the difficulty arises: Is not the case of] an orphan self-evident?  Consequently it must be this that we were taught: A girl WHO WAS BETROTHED AND THEN DIVORCED has the same status as AN ORPHAN. As [the fine of] an orphan belongs to the orphan herself so does that of a girl who was betrothed and then divorced belong to the girl herself. R. Zera said in the name of Rabbah b. Shila who said it in the name of R. Hamnuna the Elder who had it from R. Adda b. Ahabah who had it from Rab: The halachah is in agreement with the ruling of R. Eleazar. Rab [in fact] designated R. Eleazar  as the happiest  of the wise men. MISHNAH. WHAT IS [THE COMPENSATION THAT IS PAID FOR] INDIGNITY?  ALL DEPENDS ON THE STATUS OF THE OFFENDER AND THE OFFENDED. [AS TO] BLEMISH,  SHE IS REGARDED AS IF SHE WERE A BOND WOMAN TO BE SOLD IN THE MARKET PLACE [AND IT IS ESTIMATED] HOW MUCH SHE WAS WORTH  AND HOW MUCH SHE IS WORTH NOW. THE STATUTORY FINE  IS THE SAME FOR ALL, AND ANY SUM THAT IS FIXED PENTATEUCHALLY REMAINS THE SAME FOR ALL. GEMARA, Might it not be suggested that the All-Merciful intended the fifty sela'  to cover all the forms of compensation?  — R. Zera replied: [If that were so] it would be said, 'Should one who had intercourse with a princess pay fifty and one who had intercourse with the daughter of a commoner also pay only fifty?'  Said Abaye to him: If so, the same might be argued in respect of a slave:  'Should [compensation for] a slave who perforates pearls be thirty [and that for] one who does