Chullin 26: Fathers' Rights to Fines, Girls' Rights to Refuse, Shofar/Havdalla on Shabbat and Festivals

 Today's daf includes three Mishnayot.

The first teaches that one's daughter is sold as a Hebrew maidservant (as a minor), there is no fine of fifty sela paid to her father if she is raped or seduced.  That fine is only paid when she is a becomes a na'ara, an adolescent.  If a fine is paid to the father when she is the younger age, there is no actual sale.

The second teaches that a minor girl married off by her mother or brothers has the right to refuse the marriage.  There is no chalitza because a minor girl whose husband died before she had children with him cannot perform chalitza.  Once she becomes a bogeret, reaches the age of majority, there is no right of refusal.

In the Gemara, Rav Yehuda quotes Rav who quotes Rabbi Meir and the rabbis who say there is the right of refusal in chalitza.  This is known to be true because a baraita teaches that a girl may refuse as long as she is a minor (grows two pubic hairs which signify puberty).  Rav Yehuda then says that she may refuse until the black hairs in the pubic are cover an area greater than the white skin of the area (uncovered by hair.  At that stage she is eligible to perform chalitza.

This means that a young girl, let's say a ten year old who is a maidservant or a wife, has a complicated path to follow if she is to take control of her life.  She might be denied a fine - well, her father might be denied that fine if she is seduced or raped beyond the interference of her husband.  In our times, a ten year old who is seduced or raped is seen as violated in the most heinous of ways; she has no capacity to consent.  A girl has to know that she has a small window of time to claim her rights.  Once a bogeret, a grown woman, her rights are returned to her male owner - her boss, husband or father.

The final Mishna is longer.  It teaches that when the sound of the shofar on Shabbat or a Festival evening stop people from working and mark a line between the sacred and the profane, there is no havdala at the conclusion in prayer over wine.  When havdala is recited, there is no shofar.

How is this the case?  When a Festival falls on erev Shabbat, the shofar is sounded to stop people from working at tasks prohibited on Shabbat but permitted on the Festival.  Havdala is only performed when the transition from a sacred to a profane day or from a day of greater to lesser sanctity.  Shabbat is more holy than a Festival.  

When havdala marks the transition between a Festival and Shabbat, it ends with the following words, "Who distinguishes between  sacred and sacred" instead of the standard blessing, "Who distinguishes between sacred and profane".  Rabbi Dosa says that we should say,"Who distinguishes between greater sanctity and lesser sanctity."