daf bit: Ketubot 38
R. Yose says he does not pay a fine, but R. Akiva says that not only does he pay a fine but it belongs to her, not to her father. Why is her divorced status important? Because if she were betrothed and not divorced there would be no fine for a different reason -- that's a death-penalty offense for him (adultery starts from betrothal not marriage), and a man who is liable for death by the court does not also pay fines. (38a) This last point is based on Exodus 21:22-23. (36b)
It appears that the purpose of a fine is punishment, not compensation, and the rule is that there is one punishment per transgression. In other cases (like theft, and I think property damage) there are compensatory payments, like paying back the value plus some extra, but this appears to be different. I don't understand this yet.
