1That the Torah established her status so that the one who engages in intercourse with her intentionally is like the one who does so unwittingly, as both are liable to bring a guilt offering, whereas one who engages in intercourse with those with whom relations are forbidden is liable to bring a sin offering only when he does so unwittingly.
2Who is the espoused maidservant in question? It is any woman who is half-maidservant half-free woman, i.e., a maidservant who belonged to two masters, one of whom liberated her, as it is stated: “And she was redeemed and not redeemed” (Leviticus 19:20), which means that she was partially but not completely redeemed. This is the statement of Rabbi Yehuda. Rabbi Yishmael says: An espoused maidservant is a full-fledged maidservant whose status is certain, as the language of the verse does not mean redeemed and not redeemed; it is simply a way of stating that she was not redeemed. Rabbi Eliezer ben Ya’akov says: All those with whom relations are forbidden are enumerated in the Torah, and we have no exception other than one who is half-maidservant half-free woman.
3GEMARA: The mishna teaches that in the case of an espoused maidservant the Torah did not equate the man with the woman. The Gemara asks: From where do we derive that she is flogged and that he is not flogged? As the Sages taught in a baraita : The verse states: “And if a man lies carnally with a woman, and she is a maidservant designated for a man…there shall be an inspection [ bikkoret tihye ]” (Leviticus 19:20). This teaches that she is flogged. And as one might have thought that both are flogged, the verse states: “There shall be [ tihye ],” in the feminine, to teach that she is flogged and he is not flogged.
4And from where is it derived that this word inspection [ bikkoret ] is a term for flogging? Rabbi Yitzḥak said: It indicates that she shall be subjected to the reciting of [ bikra’ei ] the verses, as it is taught in a baraita : The procedure for administering lashes is that before each lash is administered, the eldest or most prominent of the three judges recites the relevant verses in the Torah; the second- eldest one counts the lashes; and the third says to the attendant: Strike him. Rav Ashi says that it indicates that she shall be subject to an assessment [ bikkur ], as we learned in a mishna ( Makkot 22a): One assesses the number of lashes that the one sentenced to be flogged is capable of withstanding, but only by a number of lashes fit to be divided by three. This teaches that the assessment is an essential part of the flogging procedure.
5The Sages taught in a baraita : At the time that, i.e., in any case where, the woman is flogged, the man brings an offering. In a case where the woman is not flogged, the man does not bring an offering. The Gemara asks: From where do we derive this? Rava said that it is as it is written: “And if a man lies carnally with a woman, and she is a maidservant designated for a man, and not at all redeemed, nor was freedom given her; there shall be an inspection…He shall bring his guilt offering unto the Lord” (Leviticus 19:20–21).
6The Gemara explains: Since until here, the verse is dealing with a man, let it first write: “He shall bring his guilt offering unto the Lord,” and at the end let it write: “There shall be an inspection.” Why did the Merciful One first write: “There shall be an inspection,” and at the end write: “He shall bring his guilt offering unto the Lord”? The Gemara explains that this is what the verse is saying: If there will be an inspection, meaning that the woman is to be flogged, then “he shall bring his guilt offering unto the Lord.” But if there will not be an inspection, then he shall not bring his guilt offering.
7The Gemara objects: You can say that the verse in fact excludes him from being flogged due to the use of the term “there shall be,” thereby limiting his liability to bring a guilt offering; but even so, she should be flogged and also bring an offering. The Gemara explains: “He shall bring his guilt offering unto the Lord,” is written in the verse, instead of merely: He shall bring a guilt offering. This teaches that only he, and not she, brings a guilt offering.
8Rabbi Yitzḥak says: Actually, he is liable only in a case where he engages in intercourse with a non-virgin maidservant, as it is stated: “And she is a maidservant designated [ neḥerefet ] for a man.” And from where may it be inferred that this word “designated [ neḥerefet ],” is a term of change, i.e., that she has already changed from her status as a virgin to that of a non-virgin? Rabbi Yitzḥak explains: As it is written: “And strewed groats [ harifot ] thereon” (II Samuel 17:19). Since groats are grains that have been crushed or otherwise changed from their original form, the linguistic correlation between harifot and neḥerefet indicates that both terms are referring to some form of change. And if you wish, say that it is inferred from the verse: “Though you should bray a fool in a mortar with a pestle among groats [ harifot ]” (Proverbs 27:22).
9It is stated in another verse: “And among the sons of the priests there were found some that had married foreign women, namely: Of the sons of Jeshua, son of Jozadak, and his brethren, Maaseiah, and Eliezer, and Jarib, and Gedaliah. And they gave their hand that they would divorce their wives; and being guilty, a ram of the flock for their guilt” (Ezra 10:18–19). Rav Ḥisda said: This teaches that they had all engaged in intercourse with espoused maidservants, as guilt offerings are brought for engaging in intercourse only with an espoused maidservant.
10§ The mishna teaches: Which is the espoused maidservant? According to Rabbi Yehuda, it is any woman who is half-maidservant and half-free woman, whereas Rabbi Yishmael maintains that it is referring to a full-fledged maidservant. In relation to this dispute, the Sages taught in a baraita that deals with the verse: “And she was redeemed” (Leviticus 19:20): One might have thought that this means she was entirely redeemed. Therefore, the verse states: “And she was redeemed and not redeemed,” to teach that she was not entirely redeemed. If so, one might have thought that she was not redeemed at all. Therefore, the verse states: “And she was redeemed,” to teach that it is discussing a maidservant who was partially redeemed.
11The baraita asks: How so? The baraita answers: The verse is referring to a maidservant who was both redeemed and not redeemed, as half of her is a maidservant owned by one master who did not redeem her, and half of her is a free woman, as the partner who previously owned the other half of her has freed her, and she is betrothed to a Hebrew slave. This is the statement of Rabbi Akiva. Rabbi Yishmael says that the verse is speaking of a Canaanite maidservant who was not redeemed at all and who is engaged to a Hebrew slave. If so, why must the verse state: “And she was redeemed and not redeemed”? The repetition is not halakhically significant; it is there because the Torah spoke in the language of people, and the phrase simply means: And she was not at all redeemed.
12Rabbi Elazar ben Azarya says: All those with whom relations are forbidden are enumerated for us explicitly in the Torah. The only case which is excluded for us from that generalization is a half-maidservant half-free woman who is betrothed to a Hebrew slave. And Aḥerim say that when it states: “They shall not be put to death because she was not free,” the verse is speaking about a Canaanite maidservant who is betrothed to a Canaanite slave.
13The Gemara objects: According to Rabbi Yishmael, granted that the phrase “and she was redeemed and not redeemed” is referring simply to a Canaanite maidservant, as it is taught in the baraita : The Torah spoke in the language of people. But from where do we derive that which is taught, i.e., that she is betrothed specifically to a Hebrew slave? The Gemara explains that it is as it is written: “They shall not be put to death, because she was not free” (Leviticus 19:20). By inference, it may be concluded that he, the man to whom she is betrothed, is free. A Hebrew slave is not the property of his owner, but is merely obligated to serve him for a period of time.
14The Gemara raises an objection: The opinion of Rabbi Elazar ben Azarya is identical to the opinion of Rabbi Akiva. Why was it stated separately in the baraita ? The Gemara explains: It is because Rabbi Elazar is saying to Rabbi Yishmael: According to me, in general I hold in accordance with your opinion, that the Torah spoke in the language of people. But here it is different, since it is also written in the verse: “Because she was not free.” If so, why do I need the phrase “and she is redeemed and not redeemed”? Conclude from it that it comes for this purpose, to teach that the verse is referring to a woman who is half-maidservant half-free woman.
15The Gemara further objects: According to Aḥerim , granted that the phrase “and she was redeemed and not redeemed” is referring to a Canaanite maidservant, as they too maintain that the Torah spoke in the language of people. But from where do we derive that she is betrothed to a Canaanite slave? The Gemara explains that the verse states: “Because she was not free,” and if it is not needed for the matter of her status as a maidservant, as it is already established that she is not free, apply it to the matter of his status as a slave.
16MISHNA: This mishna cites an additional difference between the status of an espoused maidservant and the status of forbidden relatives. In all cases of intercourse with those with whom relations are forbidden, if one is an adult and one is a minor, the minor is exempt; if one is awake and one is sleeping, the sleeping one is exempt; if one commits the act unwittingly and one does so intentionally, the one who did so unwittingly is liable to bring a sin offering and the one who did so intentionally is liable to be punished with karet . By contrast, in a case of intercourse with an espoused maidservant, the man is liable to bring a guilt offering only if the woman is flogged, and that is the case only if she was an adult, awake, and committed the sin intentionally.
17GEMARA: The mishna teaches that in all instances of intercourse with those with whom relations are forbidden, a minor is exempt. The Gemara asks: And is that to say that here, in the case of an espoused maidservant, a minor is liable? But a minor is exempt from all liabilities in the Torah. Rav Yehuda said: This is what the mishna is teaching: In all cases of intercourse with those with whom relations are forbidden, if one is an adult and one is a minor, the minor is exempt and the adult is liable. But here, in the case of an espoused maidservant, the adult is also exempt. What is the reason? Their punishments are linked, as they are juxtaposed to each other in the verse: “There shall be an inspection…and he shall bring his guilt offering unto the Lord” (Leviticus 19:20–21).
18The mishna teaches: In all cases of intercourse with those with whom relations are forbidden, if one is awake and one is sleeping, the one who is sleeping is exempt. The Gemara asks: And is that to say that here the one who is sleeping is liable? Rav Yehuda said that Rav said: This is what the mishna is teaching: In all cases of intercourse with those with whom relations are forbidden, if one is awake and one is sleeping, the one who is sleeping is exempt and the one who is awake is liable. But here, even the one who is awake is exempt. What is the reason? Their punishments are linked, as they are juxtaposed to each other in the verse: “There shall be an inspection…and he shall bring his guilt offering unto the Lord” (Leviticus 19:20–21).
19A tanna taught a baraita before Rav Sheshet: The Sages rendered one who completes the act of intercourse like one who engages in the initial stage of intercourse; one who commits the act intentionally like one who does so unintentionally; one who engages in intercourse in a typical manner like one who engages in intercourse in an atypical manner, i.e., anal intercourse; and one who is awake like one who is sleeping.
20Rav Sheshet said to him: What are you saying? If you are teaching this with regard to an espoused maidservant, why would you say that they rendered one who completes the act like one who engages in the initial stage of intercourse? This is not the case, as one who completes the act with an espoused maidservant is liable, but one who engages in the initial stage of intercourse is not liable. And furthermore, they did not make one who commits the act intentionally like one who does so unintentionally: If she intended it, she is liable to receive lashes; if she did not intend it, she is not liable.
21And they also did not render engaging in intercourse in a typical manner like doing so in an atypical manner: One who engages in intercourse in a typical manner with an espoused maidservant is liable, and one who does so in an atypical manner is not liable. What is the reason? It is written: “Lies carnally [ shikhvat zera ],” and the literal meaning of this term is referring to intercourse that can lead to procreation, as zera means seed. And finally, in what way can it be said that they rendered one who is awake like one who is sleeping? One who is sleeping is always exempt, as the circumstances are beyond his control. Consequently, it seems that the baraita cannot be referring to intercourse with an espoused maidservant.
22And if you teach this baraita in relation to intercourse with all those others with whom relations are forbidden, how is it that they rendered one who completes the act like one who engages in the initial stage of intercourse?