Ketubot, Chapter Three, Mishnah Six



This mishnah teaches that if the girl herself receives the fine, then she only receives it if she is raped.  If she consents to having relations with the man, he does not pay the fine.


Mishnah Six

An orphan who was betrothed and then divorced—Rabbi Elazar says that one who seduces her is exempt but one who rapes her is liable [to pay the fine].



In the case in this mishnah the fine surely would go to the girl, for her father is no longer alive.  In fact, the Talmud explains that the despite the fact that the mishnah refers to an orphan, this mishnah actually refers to any girl who was betrothed and then divorced or widowed, and that the mishnah is according to the opinion of Rabbi Akiva in the previous mishnah.  A girl who was betrothed and then divorced is called “an orphan while her father is still alive” because once she is betrothed, she is out of her father’s domain.  In this case, if she was seduced then the man does not pay the fine because she consented.  If raped he must pay the fine, as Rabbi Akiva stated in yesterday’s mishnah.