And in a case where the childless husband ofagirlthree years and one day old dies, if his brother the yavam engages in intercourse with her, he acquires her as his wife; and if she is married, a man
William Davidson Edition – English
And in a case where the childless husband ofagirlthree years and one day old dies, if his brother the yavam engages in intercourse with her, he acquires her as his wife; and if she is married, a man
William Davidson Edition – English
1 גרסה נוספת1 more version
But the Sages say: A small girl from the age ofthree years and one day until [the time that] she becomes mature — the fine applies to her. The fine yes but not the sale! Say:
Daf Shevui
Rabbi Yirmeya of Difti says: We learn in another mishna as well that one follows the majority even in cases of capital law: Agirl who is three years and one day old whose father arranged her betrothal…And in a case where the childless husband ofagirlthree years and one day old dies, if his brother, the yavam , engages in intercourse with her, he acquires her as his wife.
William Davidson Edition – English
this is what the mishna teaches us, by its comparison to an eye: Just as placing a finger in an eye causes it to tear and tear again, when another finger is placed in it, so too after the intercourse of…agirl under three the hymen disappears and comes back again?
William Davidson Edition – English
Rava said: We, too, learn in the following baraita that there is no legal significance to an act of intercourse with agirl less than three years old: A girl three years and one day old can be betrothed
William Davidson Edition – English
And in a case where the childless husband ofagirl who is three years and one day old dies, if his brother, the yavam , engages in intercourse with her, he acquires her as his wife; and if she is married
William Davidson Edition – English
Rather, it distinguishes between agirl over the age ofthree, with whom an act of intercourse is recognized as such, and agirl below the age ofthree.
William Davidson Edition – English
eyes in order not see the nakedness does not suffice, since it is in front of you, but you should turn your face and body away from the nakedness. 17 According to Mishna Berurah, this applies only to a…boy of nine or agirlofthree. 18 I.e., circumcision.
Kitzur Shulchan Aruch, trans. Rabbi Avrohom Davis, Metsudah Pub., 1996
This seems to indicate that the death penalty is imposed for all types of forbidden intercourse with athree-year-old girl, even if the intercourse is forbidden as a result of her being married.
William Davidson Edition – English
There are three types of hairnets: one belonging to agirl is susceptible to midras impurity; one belonging to an old woman’s is susceptible to corpse impurity; and one of a woman who goes out is pure
Sefaria Community Translation
Rambam Introduction to the Mishnah 8:32
The intercourse ofa [girl] less than three years old is not intercourse, is a ‘law of Moshe from Sinai.’
Rambam Introduction to the Mishnah, translation by Rabbi Francis Nataf, 2017
From where do I derive that the sexual intercourse ofagirl aged three years and one day is also classified as intercourse? The verse states: And the woman.
William Davidson Edition – English
to the hymen ofagirl under three with whom a man engaged in intercourse?
William Davidson Edition – English
Ravina said: Therefore a non-Jewish girl [defiles] from the age ofthree years and one day, since she is then capable of the sexual act she likewise defiles by genital discharge.
Daf Shevui
That is, not only can a minor girl from the age ofthree be sold until she matures, but she also receives payment of the fine.
William Davidson Edition – English
Mishneh Torah, Forbidden Intercourse 5:25
When a man has relations with agirl below the age ofthree and she bleeds, this is hymeneal bleeding.
Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
The Gemara asks: If so, if the source for Rabbi Shimon’s ruling is this verse, agirl who converted at the age ofthree years and one day old should also be permitted to a priest, as long as she has never
William Davidson Edition – English
And the Rabbis say: A minor girl from the age ofthree years and one day until she matures into a grown woman is entitled to receive payment of a fine.
William Davidson Edition – English
Rav Ḥiyya, son of Rav Ika, objects to this explanation of the practical ramifications of the dilemma: But even if one maintains that the hymen ofagirl younger than three disappears and grows back, one
William Davidson Edition – English
The Gemara questions the statement of the Rabbis in the baraita with regard to agirl more than three years of age: A fine, yes, but sale, no?
William Davidson Edition – English
The Gemara raises an objection against the explanation of Rabbi Yannai from a baraita : Agirl who is three years old, and even one who is two years and one day old, is betrothed through intercourse; this
William Davidson Edition – English
And the Rabbis say: A minor girl from the age ofthree years and one day until she matures into a grown woman is entitled to a fine.
William Davidson Edition – English
It is taught in a baraita : There was an incident involving a certain girl in the village of Hitlo who stopped menstruating for three typical menstrual cycles, after which she experienced menstruation.
William Davidson Edition – English
For Rabbi Meir used to say: Anytime there is [the right of] sale, there is no fine; and any time there is a fine, there is no [right of] sale….But the Sages say: A minor girl from three years old and one day until she becomes an adult has a fine.
Sefaria Community Translation
Mishneh Torah, Virgin Maiden 1:8
At what age is agirl fit to be paid a fine? From the age ofthree until she reaches the age of bagrut ….If a man engages in relations with agirl less than three years old, the relations are not significant. If he engages in relations with her after she reaches the age of bagrut , he is not fined.
Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Jerusalem Talmud Sanhedrin 1:2:35
Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with agirlthree years and one day old, he is stoned.
The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015
כי יסיר, “for he will turn away;” this is the son ofa Canaanite marrying a Jewish girl, mentioned in verse three….The father of such a child will bring him up as a heathen, although legally, he is a Jew, his mother being Jewish.
Chizkuni, translated and annotated by Eliyahu Munk
Shenei Luchot HaBerit, Torah Shebikhtav, Sefer Vayikra, Derekh Chayim, Kedoshim 38
This is not as strange a concept as it seems at first glance, since we have the halachic ruling that the hymen ofagirl under the age ofthree which has been pierced will heal and grow back.
Shney Luchot Habrit by Rabbi Eliyahu Munk
Rereading the Rabbis; A Woman’s Voice, 4 Rape and Seduction 68
The Bavli’s discussion of the mishnah about athree-year-old girl ends with two anecdotes that indicate that sex with minors was not unknown in the ancient world.
Rereading The Rabbis: A Woman’s Voice. By Judith Hauptman
that the term na’arah mentioned there [in the case of a violator], is used in order to exclude the bogereth [a woman who has passed the stage of maidenhood], who is considered an adult woman, whereas a…girl who is a minor [between the ages ofthree years and a day and twelve years and a day], is also included under the terms of the law of violation.
Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976
Rereading the Rabbis; A Woman’s Voice, 4 Rape and Seduction 71
rabbinic literature in that it attributes a strong libido to non-Jews and also upholds what the rabbis say about them in many different places, that they behave promiscuously and that one may assume that a…non-Jewish girl over the age ofthree is sexually experienced.
Rereading The Rabbis: A Woman’s Voice. By Judith Hauptman
Thus we have learned in a Mishnah: “There are three kinds of head-nets: that ofagirl, which is susceptible to midras uncleanness; that of an old woman, which is susceptible to the uncleanness of a corpse
Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976
However, the other assumption that the mishnah makes is that if agirl is raped before the age ofthree, her signs of virginity will eventually heal and return [this medical assumption was not unique to
Daf Shevui
Our Mishna speaks ofa young girl who became a convert before she was three years old. How did she become a convert at that age?
Tosafot, Translated by Jan Buckler.
Rereading the Rabbis; A Woman’s Voice, 4 Rape and Seduction 63
This mishnah discusses the legal consequences of sex with minors, of different ages and marital states, but does not sanction either marriage or sex with a very young girl….It says that until the age ofthree there is no legal outcome at all because the hymen returns and thus cancels the significance of the sex act.
Rereading The Rabbis: A Woman’s Voice. By Judith Hauptman
Jerusalem Talmud Kiddushin 3:5:7
Rebbi Ḥiyya stated: A one-day-old girl can be preliminarily married by money; agirlofthree years and one day can be preliminarily married by intercourse.”
The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015
This is because if agirl has sexual intercourse past the age ofthree years her physical signs of virginity will not return.
Daf Shevui
The decision of the High Court concerning this is even decisive in the case of the hymen ofathree year old girl that had been broken being declared as intact, If through the decision of the High
Kedushat Levi translated by Rb. Eliyahu Munk
English Explanation of Mishnah Ketubot 1:2:4
However, the other assumption that the mishnah makes is that if agirl is raped before the age ofthree, her signs of virginity will eventually heal and return [this medical assumption was not unique to
Mishnah Yomit by Dr. Joshua Kulp
Rather, the halakha with regard to the intercourse ofagirl aged three years and one day is a halakha transmitted to Moses from Sinai, whereas the halakha with regard to the menstruation of a one-day-old…The Gemara asks: And now that it has been established that the halakha with regard to the intercourse ofathree-year-old girl is a halakha transmitted to Moses from Sinai, why do I need a verse?
William Davidson Edition – English
Even if [her husband] wed her under the presumption that she was a virgin and then he discovered that she was a mukat etz , she is entitled to a ketubah of 100 [ zuz ]….When agirlof less than three years of age engages in sexual relations, even when her partner is an adult male, she [is entitled to] a ketubah of 200 [ zuz ].
Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
If we say that the halakha that the status of a menstruating woman may apply to a one-day-old girl is a halakha transmitted to Moses from Sinai, and the halakha that the intercourse ofagirl aged three
William Davidson Edition – English
a virgin girl between the ages ofthree and twelve and a half . 8 As explained in Hilchot Na’arah Betulah 2:1-2, a person who seduces a girl is required to pay a fine of 50 silver pieces, as stated
Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Mishneh Torah, Virgin Maiden 3:8
In addition, when a non-Jewish girl was converted below the age ofthree or a maidservant was freed below the age of three, [her husband] is not punished by flogging or by a fine if he issues a slanderous
Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Or HaChaim on Leviticus 15:18:1
Accordingly, if the Torah had not written the word ורחצו , I would have interpreted that letter as referring to details about the immersion in the ritual bath instead of interpreting it as including a…girlofthree years plus.
Or Hachayim, trans. Eliyahu Munk
Jerusalem Talmud Nedarim 6:8:15
Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with agirlthree years and one day old, he is stoned….In the first case, assume the girl was born on the 30th ofa certain month. After three years, if the same month has 30 days, she is only 3 years old.
The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015
English Explanation of Mishnah Niddah 5:4:2
Agirlof the age ofthree years and one day may be betrothed by intercourse and if a yavam had intercourse with her, he acquires her thereby….As stated above, intercourse with agirl over the age ofthree years counts as intercourse. Therefore, since betrothal may be performed by intercourse, she may also be betrothed in this way.
Mishnah Yomit by Dr. Joshua Kulp
Jerusalem Talmud Bikkurim 1:5:2
It was stated in the name of Rebbi Simeon: “Agirl which became a proselyte being less than three years and one day of age is acceptable for the priesthood since it was said : ‘All the female children…here about rules the Cohanim accepted over and above the ones spelled out in the Torah. 90 Ben Jacob. 91 Born after the mother became Jewish. 92 It is generally accepted talmudic medical theory that a…girl who was raped when she was less than three years of age will regrow her hymen. 93 Sifry Num. 157; Babli Yebamot60b, Qiddušin 76b, 78a. 94 Being less than three years of age. 95 This word has slipped
The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015
Rabbeinu Bahya, Vayikra 19:23:2
According to halachah, i.e. the view of the sages, agirlof under three years of age is incapable of becoming impregnated, so much so that if her hymen had been penetrated at an age of less than three
Torah Commentary by Rabbi Bachya ben Asher, trans. Eliyahu Munk, 1998.
Siftei Chakhamim, Numbers 31:17:1
Capable of intimate relations. Such as agirl aged three years and one day. Anyone younger than this is not capable of intimate relations.
Sifsei Chachomim Chumash, Metsudah Publications, 2009
English Explanation of Mishnah Niddah 5:4:1
Introduction This mishnah teaches that in a legal sense, sexual relations with agirl over the age ofthree counts as sexual relations….As we can see at the end of the mishnah, if agirl has intercourse before the age ofthree her hymen will repair itself. After the age of three, it will not.
Mishnah Yomit by Dr. Joshua Kulp
According to the rabbis, agirl can receive a fine from the age ofthree until she becomes mature . The disagreement is over whether a ketanah receives a fine. According to R.
Daf Shevui
Daf Shevui to Avodah Zarah 37a:1
According to the rabbis, agirl is capable of sex at the age ofthree [again, this does not mean they advocated such a thing. Just that it is physically possible….A boy at the age of 9 is not only physically capable of having sex, he can convince a girl to have sex with him . Whereas agirl at the age ofthree does not even know what sex is.
Daf Shevui
Or HaChaim on Leviticus 15:18:2
As a result, the letter ו in ואשה was superfluous and could be used to include agirlofthree years plus one day and up.
Or Hachayim, trans. Eliyahu Munk
English Explanation of Mishnah Nedarim 11:10:3
There are three types of girls in this category: 1) agirl who vowed after she had reached majority age; 2) a girl who vowed before reaching majority age and has now reached majority age; 3) agirl who…is still considered a “young girl” ….Since all threeof these girls have no husband and no father, their vows stand.
Mishnah Yomit by Dr. Joshua Kulp
English Explanation of Mishnah Niddah 5:7:1
Introduction Today’s mishnah teaches that agirl has three stages of physical development, each with their own legal ramifications.
Mishnah Yomit by Dr. Joshua Kulp
English Explanation of Mishnah Ketubot 1:4:3
This is because if agirl has sexual intercourse past the age ofthree years her physical signs of virginity will not return .
Mishnah Yomit by Dr. Joshua Kulp
Introductions to the Babylonian Talmud, Niddah, Introduction to Perek V 5
Like the days of impurity, the length of this period depends on whether a woman gave birth to a boy or agirl: It lasts thirty-three days in the case ofa boy and sixty-six days in the case of a girl.
William Davidson Edition – English
English Explanation of Mishnah Niddah 5:7:2
The rabbis used the analogy of a fig to delineate the three stages of the physical development ofagirl. This is clearly an allusion to her sexual development.
Mishnah Yomit by Dr. Joshua Kulp
NAMNOW 