Study Ketubot folio 40A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
for this matter too, marrying the woman against his will, let them be derived from each other. Rav Ashi replied that the verse says with regard to a seducer: “He shall pay a dowry for her to be a wife to him” (Exodus 22:15); “to him” means in accordance with his will.
§ The Mishnah continues: How does the rapist drink from his vessel? The Mishnah proceeds to explain that he is obligated to marry her despite the physical flaws she might have. However, if the marriage is prohibited, either due to the fact that she committed adultery or due to her flawed lineage, h
He said to me: Where do we say the principle that a positive mitzva comes and overrides a prohibition? It is in a case where one performs circumcision of a foreskin afflicted with tzara'at. Although there is a prohibition against removing leprous skin, the positive mitzva of circumcision overrides
Mishnah: With regard to an orphan who was betrothed and divorced, R' Elazar says: One who rapes her is obligated to pay the fine, as she is a virgin young woman, and one who seduces her is exempt from payment. Because she is an orphan, or because she was betrothed and divorced, she is independent,
Talmud: Rabba bar bar Ḥana said that R' Yoḥanan said: R' Elazar stated his opinion in accordance with the opinion of R' Akiva, his teacher, as with regard to a young woman who was betrothed and divorced and then raped, R' Akiva said in an earlier Mishnah: She is entitled to a fine for rape and her