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177 ‎[1] One who seduces a virgin of Israel before she reaches majority age, which is from three years and onward (Tur, the Rosh) pays embarrassment, blemishing and a fine. And if he rapes her he also pays the pain. And if the seducer married her he need not pay the fine. ‎[2] A rapist or a seducer are judged by three judges, as long as they were ordained in the land of Israel. And now when there are no such ordained judges, we excommunicate them until they appease their fellow. And when they give an amount of money to him that is appropriate, we release their excommunication. And as for a daughter, as long as she is in her father's domain, her father get's everything (ibid). See Tur in this paragraph who discussed this matter at length, and the Shulkhan Arukh abbreviated them, for this is not common. ‎[3] One who rapes a virgin must marry her, as long as she and her father so desire. Even if she is lame or blind. And he may never divorce her except with her consent.
Therefore, he need not write her a ketubah. But if he transgressed and divorced her, they force him to remarry her. ‎[4] If she was prohibited to him, even derabanan, he may not marry her. Also, if he marries her and he finds some sexual impropriety, he must divorce her. Hagah: If an evil report goes out about her, for instance witnesses came and testify that she asked them to engage in fornication, she gets no fine. But if it is just a rumor that a bad name went out about her, she doesn't lose the fine (Tur). If he rapes her and then seduces her, it is called rape, even though afterward she agreed [to have relations] with him (Maharik, root 129). ‎[5] One about whom it has been claimed [that he had relations] with an unmarried woman, there are those who say that he shouldn't marry her because of the bad talk [that will result] for it looks like they are confirming the rumor. But there are those that say it is a mitzvah to marry her.
Hagah: The first reasoning is the main one. And if there is fear that she will go out to an "evil culture" (i.e. marry out of Judaism), he may marry her. And all of this refers to a simple rumor, but if he certainly had relations with her, it is a mitzvah to marry her, but we don't enforce that (ibid).
But if a rumor went out concerning that she had relations with two men, the first only a rumor and the second added to her insult, the second has a mitzvah to marry her. But if the rumor is of equal strength with regard to both, one is married and one is not married, the second has a mitzvah to marry her (ibid).
See above siman 22, whether she is trustworthy in this matter.
A prostitute that was requested of one who promised to pay her a price and he denies it, he must take an oath as is true in other suits (Ribash, siman 41). This is what the Torah obligated the rapist and the seducer to pay money, when it just happened. But a father is not allowed to give his daughter to be a harlot, and about this it is written, "Do not defile your daughter to make her a harlot" (Leviticus 19:29). And anyone who prepares herself to be a harlot, whether on her own accord or her father's is considered a "kedeshah" and there is no distinction in this matter between a virgin and a non-virgin. And a court may fine prostitutes in order to erect a fence.
And it happened with one who fornicated with a non-Jew, that they cut her nose off, in order to disfigure her (Responsa of the Rosh 18).
Version: Sefaria Community Translation
Source: https://www.sefaria.org
License: CC0