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1) ONE WHO ADMITS TO ENTICING

(a) (Mishnah): A man says, I enticed Ploni's daughter. He pays embarrassment and blemish through his own admission, but not the fine;
(b) One who says, I stole an animal pays the principle, but not the fine of double, 4 or 5 times its value;
(c) My ox gored Ploni, or Ploni's ox - he pays through his own admission;
(d) My ox gored Ploni's slave - he does not pay through his own admission;
(e) The rule is, anyone who pays more than he damaged does not pay on his own admission.
(f) (Gemara) - Question: Why didn't the Mishnah teach about a man who admits to raping a girl?
(g) Answer: The case of enticing teaches more.

1. One who says that he raped her does not discredit her; one might have thought that when he says that he enticed her, and discredits her, he does not pay on his own admission - we see, this is not so.

(h) Our Mishnah is not as the following Tana.

1. (Beraisa - R. Shimon Bar Yehudah): An enticer does not pay embarrassment and blemish on his own admission - we do not allow him to discredit the girl.

(i) Question (Rav Papa): If the girl wants that he should pay, what is the law?
(j) Answer (Abaye): Perhaps the father disapproves.
(k) Question (Rav Papa): If the father approves, what is the law?
(l) Answer (Abaye): Perhaps the family disapproves.
(m) Question (Rav Papa): What if the family approves?
(n) Answer (Abaye): Certainly, there is someone in the family overseas that would disapprove.

(a) (Rav Papa): Half damage is considered as money (not a fine), since animals are prone to damage unless guarded.

1. One should pay full damage for not having guarded his animal; the Torah had mercy upon him, and only makes him pay half, since the animal was not yet established as a gorer.

(b) (Rav Huna Brei d'Rav Yehoshua): Half damage is considered a fine, since animals are not prone to damage, even unguarded.

1. One should not pay at all; the Torah levies a fine of half-damage to encourage people to guard their animals.

(c) (Mishnah): The damagee and damager both pay.

1. This fits well with the opinion that half-damage is money (the damagee should receive full payment, but gets only half).

(d) Question: According to the opinion that half-damage is a fine - the damagee receives what he is not entitled to, can we say that he pays?
(e) Answer: This refers to the decrease in value of the carcass.
(f) Question: This was already taught in another Mishnah!

1. (Mishnah): 'Payments of damage' - the damagee deals with the carcass (damage is measured as the difference in value between the live animal and the carcass when it died; if it later goes down in value, the damagee suffers the loss).

(g) Answer: One Mishnah teaches that this applies to a Tam (animal which has not been established as a gorer); the other Mishnah teaches that this applies to a Mu'ad (established gorer).

1. Both must be taught. If we would only teach this by a Tam, we would say that the Torah was lenient on the damager, since his animal has not been established as a gorer.
2. If we would only teach this by a Mu'ad, we would say that the Torah was lenient on the damager because he pays full damage.

(h) (Beraisa): The differences between a Tam and Mu'ad are that a Tam pays half-damage from the damaging animal; a Mu'ad pays full damage, even above the value of the damager.

1. It does not say that a Tam pays on the admission of the owner, but a Mu'ad does (this suggests that half-damage is money)!
2. Rejection: We need not say this; rather, the Tana did not list all differences.
3. Question: What else did he omit (he would not omit just one thing)!
4. Answer: He also omitted half-ransom, (which a Tam does not pay).
5. Question: This is not an omission - the Tana is R. Yosi ha'Galili, who says that a Tam pays half-ransom!

(i) (Mishnah): My ox gored Ploni or Ploni's ox - he pays on his own admission.

1. Suggestion: We are dealing with a Tam (and we see, half-damage is money)!
2. Rejection: No, we are dealing with a Mu'ad.
3. Question: What would be the law of a Tam - he does not pay on his admission?

i. If so, why does the next case of the Mishnah switch to the case of goring a slave, that one does not pay on his own admission - we should just say that a Tam does not pay on his own admission!

4. Answer: The Tana is only teaching laws of a Mu'ad.

(j) (Mishnah): The rule is, all that pay more than they damaged do not pay on their own admission.

1. We infer, one who pays less than he damaged does pay on his own admission!
2. Rejection: No - rather, one who pays as he damaged pays on his own admission.
3. Question: What is the law of one who pays less than he damaged - he does not pay on his own admission?

i. If so, let us teach, one who does not pay as he damaged does not pay on his own admission - this includes one who pays more and one who pays less!

4. This refutes the opinion that half-damage is a fine; the law is, it is a fine.
5. Question: If it is refuted, how can it be the law?
6. Answer: It was refuted because we did not teach 'One who does not pay as he damaged ...'.

i. We could not teach this, since it is not always true! Half-damage of pebbles (when an animal sets an object in motion, and the object damages); according to a tradition from Sinai, is money.

(k) Having ruled that half-damage is a fine - a dog that killed and ate sheep, and a cat that ate large chickens, this is unusual, and we do not make one pay for it in Bavel (fines are not collected in Chutz la'Aretz).

1. Cats normally eat small chickens, and we would make one pay for this in Bavel.

(l) If the damagee siezed compensation for his damage, we do not take it from him. If he wants to take the damager to trial in Eretz Yisrael, we force the damager to agree to a time.

1. If the damager does not go, he is excommunicated.

(m) In any case, he is excommunicated if he does not eradicate the damaging animal.

1. (Beraisa - R. Nasan): A person should not raise an evil dog in his house, nor stand up a rickety ladder in his house - "Do not put blood in your house".

3) WHO RECEIVES THE FINE

(a) (Mishnah): A Na'arah that was enticed, the payments for her embarrassment and blemish and her fine go to her father; also, the payment for pain of a raped girl;
(b) If the trial was before the father died, the payments belong to the father; if he later died, his sons inherit them;
(c) If the father died before the trial, she receives the payments;
(d) If the trial was before she became a Bogeres, the payments belong to the father; if he later died, his sons inherit them;
(e) If she became a Bogeres before the trial, she receives the payments; R. Shimon says, if she did not collect before the father died, she receives the payments.