Defamation - motzi shem r’a-מוֹצִיא שֵׁם רַע. TB Ketubot 44

Today’s daf TB Ketubot 44 introduces the new topic of defamation, motzi shem r’a-מוֹצִיא שֵׁם רַע. According to the Torah, adultery is a capital offense. For punishment to be implemented, the husband has to warn his wife not to be alone with the other man and kosher witnesses testify in court that she was indeed sequestered with that man. If proven guilty of adultery, the capital punishment is strangulation, khenek-חֶנֶק. If the case involves a betrothed na’ara (נערה), a girl between the ages of 12 and 12 ½, and is found guilty of adultery, her punishment according to the Torah is sekilah (סְקִילָה), stoning in front of her father’s house 

What happens if the witnesses proved to be discredited and the husband has defamed his betrothed’s good name? He is a motzi shem r’a-מוֹצִיא שֵׁם רַע. His punishment for defaming her good name consists of three penalties. First of all, he is lashed. Secondly, he has to pay the highest fine (קנס) the Torah ever imposes, 100 shekels. Last of all, he is not allowed to divorce his betrothed.

The Gemara applies the above understandings to a variety of cases. The last case on our daf discusses the case of a minor. According to Jewish law, a minor is not responsible for his/her actions because he/she isn’t considered a bar da’at (בר דעת), intellectual capable to understand what he/she is doing.

“Reish Lakish said: The defamer of a minor girl is exempt, as it is stated: “And give them to the father of the young woman [na’ara]” (Deuteronomy 22:19). The word na’ara (נַעֲרָה) is written in full, with the letter heh at the end, whereas elsewhere in the Torah it is written without the heh. This indicates that the verse was speaking of a female who has fully attained the status of a young woman, rather than a minor who has not yet reached the state of being a young woman.

“ Rav Aḥa bar Abba strongly objects to this: Is it correct that the reason is that it is written with regard to her “na’ara” in full, but if that were not so, I would say that even a minor is included in this halakha? Isn’t it written: “But if this matter is true, that the tokens of virginity were not found in this young woman, then they shall bring out the young woman to the entrance to her father’s house and the men of her city shall stone her” (Deuteronomy 22:20–21)? And since a minor is not eligible for punishment, this verse evidently is referring to a young woman, not a minor, and therefore there is no need for the aforementioned exposition.

“Rather, the verse should be understood as follows: Here, where it is evident that the Torah is referring to a young woman, it writes na’ara (נַעֲרָה) with a heh, from which it may be inferred that wherever it is stated na’ara (נַעֲרָ) without a heh at the end, it indicates that the verse is referring even to a minor girl. The term na’ara without a heh is referring to both a minor and a young woman and excludes only an adult woman.” (Sefaria.org translation)

We came across this drasha of the Hebrew word na’ara back on daf TB Ketubot 40b while discussing issues concerning seduction and rape.