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Laws of One Who Defames
Family Law
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§ The Gemara cites another statement that deals with a defamer: If the husband
did not say to witnesses: Come and testify for me
that my wife committed adultery,
but they testify
for
him of their own accord
and are subsequently discovered to be liars, the husband
is not flogged and does not give
the
one hundred
sela
,
as he did not harm her.
She and her conspiring witnesses are brought early to the place of stoning.
The Gemara asks:
Does it enter your mind
to say that
she and her conspiring witnesses
are stoned? If she is liable to…
Ketubot 46a:9-46b:1
However, if the daughter’s
conception occurred
when her mother
was not
yet
in
a state of
sanctity,
i.e., when she was still a gentile,
but her birth
took place when her mother was
in
a state of
sanctity,
as her mother converted during her pregnancy,
this
daughter is punishable
by stoning
if she committed adultery as a betrothed young woman. However,
she has neither
the
halakha
of being executed at the
entrance to
her
father’s house…
Ketubot 44a:12-45a:3
When a person issues a slanderous report concerning a Jewish maiden, and the matter is discovered to be false, he should be punished by lashing, as [Deuteronomy 22:18] states: "And he shall be flogged." The warning [for this negative commandment] is derived from [Leviticus 19:16]: "Do not go about as a slanderer among your people."
He must also give her father 100
sela'im
of pure silver. If the girl is an orphan, the money is given to her. When a person issues a slanderous report on a girl below majority, or on a
bogeret
, he is not liable for the fine or for lashes…
Mishneh Torah, Virgin Maiden 3
The Gemara relates:
Rav Pappa, son
of
Rav Ḥanan, from
a place called
Bei Keloḥit, heard
this
halakha
and
went and said it before Rav Shimi bar Ashi.
Rav Shimi
said to him: You teach this
statement
concerning that
matter.
We,
based on our traditions,
teach it concerning this
matter, as
Reish Lakish said: One who slanders a minor girl,
falsely claiming that she was not a virgin on the wedding night,
is exempt
from paying the fine…
Ketubot 40b:12
The Gemara explains: The verse
is necessary to
derive the
halakha
that
Rabbi Yona taught; as Rabbi Yona taught
in a
baraita
that in the verse:
“I gave my daughter to this man,”
written in the context of a husband slandering his wife,
“this”
is written to infer: The
halakhot
in this passage apply to a man who slanders his wife and
not to the
yavam
,
in the case of levirate marriage.
Ketubot 22a:8
Ulla said:
Rabbi Meir
derived
this
halakha
from
the
halakha
concerning
one who defames
his wife, claiming that when he consummated the marriage he discovered that she was not a virgin:
Just as the defamer is flogged and pays,
as it is written: “And they shall chastise him and fine him one hundred silver coins” (Deuteronomy 22:18–19),
so too, anyone
who commits a transgression punishable with lashes and a monetary payment
is flogged and pays…
Makkot 4b:2
The Gemara comments: These
tanna’im
disagree with regard to the dispute between Rabbi Eliezer ben Ya’akov and the Rabbis, and this is what
the first
tanna
is saying: The defamer is flogged and gives one hundred
sela
, whether he had intercourse
with his wife or
whether he did not have intercourse
with her,
in accordance with
the opinion of
the Rabbis. Rabbi Yehuda says:
As
for flogging, he is flogged in any case,
but with regard to the
one hundred
sela
,
if
he had intercourse he gives
the money…
Ketubot 45b:12-14
The Gemara asks: If so,
what is
Rav Asi
teaching us?
We have already
learned
all of these
halakhot
explicitly (
Bekhorot
49b): The payment of
five
sela
for
the redemption of a firstborn
son
(Numbers 18:16); the payment of
thirty
sela
for a slave,
paid by the owner of the ox that killed the slave (Exodus 21:32); the
fifty
sela
paid
by a rapist and by a seducer
(Deuteronomy 22:29); the
one hundred
sela
paid
by a defamer
(Deuteronomy 22:19)…
Kiddushin 11b:7
With regard to the
thirty
shekels paid to the owner
of
a Canaanite
slave
who is killed by an ox (see Exodus 21:32), and the
fifty
shekels paid
by a rapist
(see Deuteronomy 22:29)
and by a seducer
(see Exodus 22:16) of a young virgin woman,
and
the
one hundred
shekels paid
by the defamer
of his bride with the claim that she is not a virgin (see Deuteronomy 22:19),
all of them,
even those cases where the word shekel is not explicitly written, are paid
in the shekel of the Sanctuary…
Bekhorot 49b:11
The Gemara relates: There was
a certain man who slapped another. Rav Toviya bar Mattana sent
an enquiry
before Rav Yosef,
asking him whether the
sela
we learned
about in the mishna is referring to
a Tyrian
sela
,
which is worth four dinars,
or
whether the
sela
we learned
about in the mishna is referring to
a provincial
sela
,
worth only half of a dinar, or one-eighth of a Tyrian
sela
.
Bava Kamma 36b:12
§
Rav Yehuda
says that
Rav Asi says: Every
sum of
money stated in the Torah without specifying
that it is in shekels is referring to silver dinars of
Tyrian coinage,
which have a high value.
And
every mention of coins in
statements of
the Sages is referring to
provincial coinage,
which was worth roughly one-eighth of Tyrian coinage.
Bekhorot 50b:1
From the laws of the commandment, Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 3:6-7), “How is the putting out of a bad name? It is that he come to the court and say, ‘I had sexual relations with this maiden and I did not find her hymen [intact], and when I inquired about the thing, it became known to me that she was unfaithful to me after I engaged her, and these are my witnesses — since she was unfaithful in front of them.’ And the court listens to the words of the witnesses and investigates their testimony. If the thing is found to be true, she is stoned…
Sefer HaChinukh 553:3-554:2
And Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 1:8) that a rapist or seducer is only obligated in [paying] the fine if he has sexual relations with her according to her [customary] way and with witnesses, but [that] he does not need a warning. And in the fourth chapter of Ketuvot 46b it appears to be the opposite, that in the entire Torah (including rape) there is no difference whether it is according to her [customary] way or not according to her way regarding lashes and [other] punishments, except for only the one who puts out a bad name…
Sefer HaChinukh 557:4
Family Law
דיני משפחה
Laws of Circumcision
Principle Concepts of Marital Law
Laws of Betrothal
Financial Ramifications of Marriage
Laws of Divorce by Agency
Stipulations and Errors in a Divorce Bill
Permissibility for a Woman to Remarry after Separation from or Death of Husband
Laws of Rape and Seduction
Laws of One Who Defames
Ordeal of Drinking the Sotah Water
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