Kiddushin

— Said R. Zera: Rabbi admits in respect to the fine, that they must all pay.1 Wherein does it differ from the death penalty?2 — There it is different, because Scripture writes, then the man alone that lay with her shall die.3 And the Rabbis: how do they employ this word ‘alone’? — They need it even as it was taught: [If a man be found lying with a woman married to a husband], then they shall both of them die:4 [this implies,] they must both be equal as one:5 this is R. Josiah's view. R. Jonathan maintained: ‘then the man alone that lay with her shall die’.6 And R. Johanan: how does he know this ruling?7 — If so,8 Scripture should have written, who had intercourse with a man; why [state], ‘who had intercourse with a husband’? Hence both are inferred. 9 The scholars propounded: Does the beginning of intercourse acquire [the woman] or the end of intercourse? The practical difference is, e.g., if he performed the first stage of intercourse, and then she stretched out her hand and accepted kiddushin from another man;10 or whether a High Priest may acquire a virgin by intercourse.11 What then [is our ruling]? — Said Amemar in Raba's name: The mind of him who has intercourse is set on the completion of intercourse.12 The scholars propounded: Does intercourse effect nissuin or erusin? The practical difference is in respect of his being her heir, defiling himself on her account and annulling her vows. If you say it effects nissu'in, he [the husband] succeeds her as heir, must13 defile himself for her,14 and can annul her vows.15 But if you say that it effects only erusin, he does not succeed her as heir, may not defile himself on her account, and cannot annul her vows. What is our ruling? — Said Abaye: Come and hear: A father has a privilege over his daughter [if a minor] in respect of her kiddushin by money, deed or intercourse. And he is entitled to her findings, her labour, and the annulment of her vows; he can accept her divorce;16 but he does not enjoy usufruct during her lifetime.17 If she was married,18 her husband's rights exceeds his,19 in that he enjoys the usufruct during her lifetime. Now, intercourse is taught, and yet he [the Tanna] also teaches: If she was married!20 — ‘If she married’ may have been taught in reference to the other [privileges]. Raba said: Come and hear: A maiden aged three years and a day may be betrothed by intercourse, and if the yabam has intercourse with her, he acquires her. The penalty of adultery may be incurred through her: [if a menstruant,] she defiles him who has connections with her, violate her unnaturally, leaving her a virgin, they must all pay the same, as for a virgin. teaches that only the first man is stoned, but after he seduces her, even unnaturally, she is a be'ulah, and her ravishers are strangled. minor. Tosaf.: they must both be liable to the same death penalty; the reference is to R. Meir's view on this matter, q.v. Sanh. 66b. but if the last stage, he may not, because immediately after the first stage she ceases to be a virgin, yet does not belong to him.