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1 [1] When a man seduces a virgin, he is fined 50 *sela'im* of pure silver. This is called a *k'nas* ("fine"). The same law applies if he rapes her.
Payment of this fine is one of the Torah's positive commandments,, as [Deuteronomy 22:29] states: "The man who raped her must give the maiden's father 50 silver pieces." [2] What is meant by a seducer, and what is meant by a rapist? A seducer is one who enters into relations with a girl with her consent; a rapist is one who takes her by force.
Whenever a man entered into relations with a woman in a field, we operate under the presumption that he raped her, and apply those laws unless witnesses testify that she entered into relations with him willingly. Whenever a man enters into relations with a woman in a city, we operate under the presumption that she consented, because she did not cry out, unless witnesses testify that she was raped - e.g., he pulled out a sword and told her, "If you cry out, I will kill you." [3] When a girl who was seduced does not want to marry the seducer, or her father does not want to give her in marriage to him, or if [the seducer] does not want to marry her, he may pay the fine and depart. We do not force him to marry her.
If they do desire [to wed], and he marries her, he does not pay a fine. Instead, he writes her a *ketubah*, as is written for other maidens.
When, however, a woman who is raped or her father do not desire that she marry the rapist, they have that prerogative. [In such an instance,] he must pay the fine and depart. If she and her father desire [that the marriage take place], but he does not desire, we force him to marry her, aside from paying the fine, as [Deuteronomy 22:29] states: "He must take [the maiden] as his wife"; this is a positive commandment.
Even if the girl is lame, blind, or afflicted with leprosy, he is forced to marry her and he may never take the initiative in divorcing her, as [the above verse continues]: "He may not send her away as long as he lives." This is a negative commandment. [4] [This girl] is not granted a *ketubah*. For our Sages instituted the requirement of a *ketubah* so that [a husband] will not consider divorce a frivolous matter. [In this instance this is unnecessary, because] the man cannot divorce [his wife]. [5] If the girl he raped was forbidden to him, even if the prohibition stems from a positive commandment, or she was a *sh'niyah* [or forbidden by other Rabbinic prohibitions], he should not marry her. Similarly, if he discovers adulterous behavior on her part after he marries her, he should divorce her. [These concepts are implied by the phrase: "He must take [the girl] as his wife" [which our Sages interpreted to mean]: "She must be fit to be his wife." [6] When a High Priest rapes or seduces a virgin maiden, he should not marry her, because he is commanded to marry a virgin, and at the time he marries this girl she is not a virgin. If he marries [this girl], he must divorce her. [7] Although it is said with regard to a rapist: "He may not send her away as long as he lives," since [this prohibition] is preceded by a positive commandment, as it is said, "He must take [the girl] as his wife," the Torah made the prohibition [rectifiable] by the observance of the positive commandment. Thus, this is a negative commandment [whose violation] can be rectified by [the observance of] a positive commandment. Lashes are not given [as punishment for the violation of such a commandment] unless one does not fulfill the positive commandment, as will be explained in *Hilchot Sanhedrin*.
Therefore, when a rapist violates [this prohibition] and divorces [his wife], he is compelled to remarry her and is not punished by lashes. If, however, his divorcee dies or is consecrated by another man before he remarries her, or if he is a priest, who is forbidden to marry a divorcee, he should be punished by lashes. For he transgressed the negative commandment, and is unable to fulfill the positive commandment associated with it. [8] Neither a rapist nor a seducer is liable to pay the fine unless he engages in relations in the ordinary fashion, and the relations are observed by witnesses. A warning is not necessary.
At what age is a girl fit to be paid a fine? From the age of three until she reaches the age of *bagrut*. If a man engages in relations with a girl less than three years old, the relations are not significant. If he engages in relations with her after she reaches the age of *bagrut*, he is not fined. For [Deuteronomy 22:28] states: "A virgin maiden," thus excluding a girl who has reached maturity. [9] Whether or not [a girl's] father is alive, a fine must be paid.
A fine need not be paid [because of relations] with the following women: a *bogeret*, a girl who has dissolved a marriage through *mi'un*, an *aylonit*, a mentally incompetent girl, a deaf mute, a girl who was reputed to have conducted herself immodestly while young, concerning whom two witnesses testify that she sought sexual relations with them, a girl who was married and divorced, but is still a virgin maiden.
When, by contrast, [a girl] is divorced after merely being consecrated, a fine must be paid - and she is entitled to it - if she is raped. If she is seduced, she is not entitled to a fine. [10] [The following rules apply with regard to] a convert, a girl who was taken captive, and a [Canaanite] maidservant who was freed: If she was converted, redeemed or freed before she reached the age of three, she is entitled to a fine.
If she was three years old [or older] when she was converted, redeemed or freed, she is not entitled to a fine. Since relations that she engages in at this time are significant, she is placed into the category of non-virgins. [11] [The following rules apply when] the virgin [who was raped or seduced] was forbidden to the rapist or the seducer. If the prohibition was punishable by *karet* - e.g., she was his sister, his aunt, in the *niddah* state or the like - or she was forbidden by virtue of a negative commandment [that does not involve either *karet* or execution], he is not liable for a fine if he was given a warning. [Instead,] he should be lashed. [The rationale is that] a person is never punished [for the same transgression] by both lashes and a monetary assessment.
If he was not warned, since he is not to be given lashes, he should pay the fine. [12] [When the girl raped] was forbidden because of a positive commandment, or she was a *sh'niyah* or forbidden because of another Rabbinic commandment, [the rapist] is obligated to pay the fine whether he was warned against the transgression or not, because he is not punished by lashes. [13] [When the girl raped] was forbidden because of a prohibition punishable by execution by the court - e.g., she was his daughter, daughter-in-law, or the like - he is not liable for the fine, regardless of whether or not he received a warning.
[This is derived from Exodus 21:22, which] states: "If there will not be a [fatal] accident, he should be punished." Implied is that if there is a [fatal] accident, no punishment should be levied. [This applies] although the woman was killed unintentionally, [i.e.,] the man did not intend to strike her, as it is written [*Ibid.*]: "If men strive and a woman receives a blow...." This teaches that with regard to a [fatal] accident, Scripture did not differentiate between an intentional and unintentional act to free him from monetary obligation.
And [Leviticus 24:18-21] says: "A person who [fatally] strikes an animal shall reimburse [its owner] for it, and one who [fatally] strikes a man must die." Just as Scripture did not distinguish between intentional and unintentional action for killing an animal to make him liable for payment, so too, it did not distinguish between intentional and unintentional action for killing a person to free him from financial obligation. [14] This law applies with regard to every transgression that is punishable by execution by the court. There is no financial obligation. [15] If [a girl] dies after she [was seduced or raped], [the seducer or the rapist] is not liable for the fine, [as implied by Deuteronomy 22:29]: "the man who raped her must give the maiden's father...." [The verse states] "the father of the maiden," and not "the father of the dead maiden." [This applies] when she dies before the case came to court.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC