Mitzvah —
132
The rapist must marry the maiden (if she chooses)
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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 must marry the maiden he violated if she desires, and he may never divorce her.
This mitzvah requires a man who raped an unmarried maiden to marry her if she wishes and if her father consents. In addition, he must pay fifty silver shekels as compensation. This law protects the woman from further disgrace or abandonment, obligating the man to take responsibility for his act. Importantly, the marriage can only occur if the woman agrees — the mitzvah does not force her into further harm.
Commentary & Classical Explanation:
- Rambam (Hilchot Na’arah Betulah 1:4): States that the rapist is compelled to marry her if she desires, and he is forbidden from divorcing her forever.
- Sefer HaChinuch (Mitzvah 553): The root is to restore dignity to the victim and prevent the man from compounding his crime by abandoning her.
- Talmud (Ketubot 39a): Emphasizes that her consent is decisive; she cannot be forced to remain with him.
Commentaries
(Source: Chabad.org)
