Mitzvah —
133
He is not allowed to divorce her
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וְ֠נָתַ֠ן הָאִ֨ישׁ הַשֹּׁכֵ֥ב עִמָּ֛הּ לַאֲבִ֥י הַֽנַּעֲרָ֖ חֲמִשִּׁ֣ים כָּ֑סֶף וְלֽוֹ־תִהְיֶ֣ה לְאִשָּׁ֗ה תַּ֚חַת אֲשֶׁ֣ר עִנָּ֔הּ לֹא־יוּכַ֥ל שַׁלְּחָ֖הּ כׇּל־יָמָֽיו׃ - פָּרָשַׁת כִּי־תֵצֵא
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Deuteronomy 22:29 - "the man who lay with her shall give fifty [shekels of] silver to the girl's father, and she shall become his wife, because he violated her. He shall not send her away all the days of his life."
This Mitzvah's Summary
מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Family – מִשְׁפָּחָה
A rapist who marries his victim may never divorce her.
This mitzvah prohibits a rapist who marries the maiden he violated from ever divorcing her. If she and her family consent to the marriage, the man must remain bound to her for life, ensuring he does not compound the injustice by later abandoning her. This mitzvah highlights the Torah’s concern for the woman’s dignity and protection, holding the man accountable permanently for his actions.
Commentary & Classical Explanation:
- Rambam (Hilchot Na’arah Betulah 1:6): The rapist is prohibited from divorcing her under any circumstance; this safeguard protects her dignity and prevents him from escaping responsibility.
- Sefer HaChinuch (Mitzvah 554): The root is to guard the honor of the woman and prevent repeated harm from abandonment.
- Talmud (Ketubot 39a): Derives that the prohibition applies for life, even if difficulties arise, emphasizing the severity of the man’s responsibility.
Commentaries
(Source: Chabad.org)
