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Laws of Rape and Seduction
Family Law
Sources
A
The Gemara asks: In the case of one who has relations with
his sister
who is a
grown woman, too,
although he does not pay a fine,
isn’t there
compensation for
humiliation and degradation?
He should be exempt from lashes in that case as well. The Gemara answers:
There,
the
halakha
in the mishna is
with regard to
his sister who is
an imbecile,
with regard to whom there is no humiliation or degradation beyond her status as an imbecile. The Gemara asks:
But isn’t
there payment for
pain
even in the rape of an imbecile? The Gemara…
Ketubot 32a:2
Rabbi Ya’akov, brother of Rav Aḥa bar Ya’akov, objects to this:
Does
this
verse:
“Do not profane your daughter by causing her to act licentiously,” come to
teach
that
halakha
?
This
verse
is necessary to
derive
that which is taught
in a
baraita
: With regard to the verse:
“Do not profane your daughter by causing her to act licentiously,”
one
might
have thought that it is
with regard to a priest who marries his daughter to a Levite or Israelite
that
the verse is speaking…
Sanhedrin 76a:23
Rather,
it is
that two
witnesses
came and said: She propositioned us
to engage
in forbidden
relations, and in
the corresponding
case
here
with regard to a document, it is a case
where two
people
came and said
that
he said to us: Forge
a document
for me.
The Gemara asks:
Granted, there,
in the case of the rumor of promiscuity,
immoral men are common,
and even if they refused her, presumably she found someone willing to engage in relations with her…
Ketubot 36b:5-7
GEMARA:
Rabba bar bar Ḥana said
that
Rabbi Yoḥanan said: Rabbi Elazar stated
his opinion
in accordance
with the opinion of
Rabbi Akiva, his teacher, as
with regard to a young woman who was betrothed and divorced and then raped, Rabbi Akiva
said
in an earlier mishna:
She is entitled to
a
fine
for rape
and her fine
is paid
to her.
Rabbi Yosei HaGelili says: She is not entitled to a fine for rape.
And from where
do we know that Rabbi Elazar’s opinion corresponds to the opinion of his teacher?
From
the…
Ketubot 40a:5-40b:4
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." 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…
Mishneh Torah, Virgin Maiden 1-2
actual forbidden relatives
prohibited by Torah law, and
secondary relatives
means, as it does in most cases, relatives prohibited
by rabbinic law,
that cannot be, for
since
those secondary relatives
are suitable for him
to marry and are not prohibited
by Torah
law,
why do they not
receive
a fine
if they are raped or seduced?
Rather,
the meaning of these terms in this context is different:
Forbidden relatives
are
those
for which one is
liable
to receive a
court-imposed death
penalty…
Ketubot 36a:1-2
MISHNA:
The seducer gives
the father of his victim
three things, and the rapist
gives the father
four.
The mishna specifies:
The seducer gives
the father payments for
humiliation, degradation, and
the
fine. A rapist adds
an addition to
his
payments,
as he
also
gives
payment for the
pain. What
are the differences
between
the
halakha
of
a rapist and
that of
a seducer? The rapist gives
payment for
the pain, and the seducer does not give
payment for
the pain…
Ketubot 39a:7-39b:10
MISHNA:
One who says: I seduced the daughter of so-and-so, pays
compensation for
humiliation and degradation
based
on his own
admission,
but does not pay
the
fine.
Similarly,
one who says: I stole, pays the principal,
the value of the stolen goods,
based on his own
admission,
but does not pay
the
double payment and
the
payment four and five
times the principal for the slaughter or sale of the sheep or ox that he stole…
Ketubot 41a:1
On a similar note,
Rava inquired of Abaye:
If he forcibly
had intercourse with
a young woman
and she was
later
betrothed, what is
the
halakha
? Abaye
said to him: Is it written: And he shall give to the father of the young woman who is not betrothed?
Actually it is written: “If a man finds a young woman…who was not betrothed” (Deuteronomy 22:28), which indicates that the determining factor is whether she was betrothed before the rape and not whether she is engaged at the moment of payment…
Ketubot 39a:5
And the Rabbis say: A minor girl from the age of three years and one day until she matures
into a grown woman
is entitled to
receive payment of
a fine.
Chullin 26b:6
And the Rabbis say: With regard to a minor from
the age of
three years and one day old until she matures
into a grown woman,
there is a fine for her.
The Gemara asks: Is that to say that a
fine, yes,
there is, but a
sale, no,
there is not? Do the Rabbis maintain that the father has no right to sell his minor daughter? The Gemara emends the text:
Say:
There is a
fine even in a place
where there is
sale.
That is, not only can a minor girl from the age of three be sold until she matures, but she also receives payment of the fine…
Ketubot 29a:6-30a:6
§
It was stated
that
amora’im
disputed the following issue: In the case of
a minor girl who became betrothed without her father’s consent, Rav says: Either she or her father is able to prevent
the betrothal from taking effect.
And Rav Asi says: Her father
can prevent it
but not she,
since she initially agreed.
Rav Huna raised an objection to Rav Asi, and some say
it was
Ḥiyya bar Rav
who raised an objection
to Rav Asi:
The
baraita
states in the case of a seduced woman:
“If her father refuses
to give her to him…
Kiddushin 46a:2-4
MISHNA:
With regard to
a young woman who was betrothed and divorced,
and then raped,
Rabbi Yosei HaGelili says: She does not
receive payment of a
fine
for her rape.
Rabbi Akiva says: She
receives payment of a
fine
for her rape
and her fine
is paid
to herself,
not her father, as since she was betrothed and divorced she is no longer subject to her father’s authority.
Ketubot 38a:6
MISHNA:
These
are the cases of
young women for whom there is a fine
paid
to their
fathers by one who rapes them:
One who engages in intercourse with a
mamzeret
, or with a Gibeonite woman [
netina
],
who are given [
netunim
] to the service of the people and the altar (see Joshua 9:27),
or with a Samaritan woman [
kutit
].
In addition, the same applies to
one who engages in intercourse with a female convert, or with a captive woman, or with a maidservant,
provided
that
the captives
were ransomed…
Ketubot 29a:1-2
§
Abaye said:
If
one had intercourse with
a young woman,
and she died
before he was sentenced, he is
exempt
from paying the fine,
as it is stated: “And
the man who lay with her
shall give to the father of the young woman”
(Deuteronomy 22:29), from which it is inferred,
and not to the father of a dead
girl. The Gemara comments: This
matter that
was
obvious to Abaye
was
raised as a dilemma to Rava.
Ketubot 38b:9
MISHNA:
In the case of
a young woman who was seduced,
the compensation for
her humiliation and her degradation and her fine
belong
to her father. And
the same applies to the compensation for
pain in
the case of a woman who was
raped.
If the young woman
stood trial
against the seducer or rapist
before the father died, these
payments belong
to her father,
as stated above. If
the father died
before he collected the money from the offender, the payments belong
to
her
brothers…
Ketubot 41b:11-42a:1
The mishna continues: How is her
degradation
assessed?
One considers her as though she were a maidservant sold
in the marketplace, and assesses how much she would have been worth beforehand and how much she would be worth currently. The Gemara asks:
How do we assess her
value?
Shmuel’s father said: One estimates
the difference
between how much a person is willing to give
to purchase
a virgin maidservant and
how much he is willing to give
to
purchase
a non-virgin maidservant to serve him.
…
Ketubot 40b:7-8
§
The Sages taught:
A High Priest
may not marry
a woman that
he himself raped and
a woman that
he himself seduced,
as he is commanded to marry a virgin.
And if he married
her,
he is married.
With regard to a woman who was
raped by another
man
and
a woman
seduced by another
man,
he may not marry
her.
And if he married
her,
Rabbi Eliezer ben Ya’akov says
that
the child
born from this union
is a
ḥalal
, and the Rabbis say
the lineage of
the offspring is unflawed.
…
Yevamot 59b:10-11
Rav Yehuda said
that
Rav said:
If
she had atypical sexual intercourse, she is disqualified from
the High
Priesthood,
i.e., from marrying the High Priest.
Rava raised an objection
based upon a
baraita
: The verse states with regard to rape:
“And she shall be his wife”
(Deuteronomy 22:19), and the Sages explained that this is referring only
to a woman suitable for him, excluding a widow for a High Priest
and
a divorcée or a
ḥalutza
for a common priest.
In these cases, the rapist is not permitted to marry his victim.
Yevamot 59a:13
The Gemara asks:
Rather, what is the reason he retracted
his statement and claimed he did not say it? The Gemara answers: It is
due to
the fact
that
the
halakha
concerning one who
rapes
a virgin young woman, who is required by Torah law to marry her and for whom it is prohibited to divorce her as long as he lives,
is difficult for him, as it is taught
in a
baraita
: In the case of
a rapist who divorced
the woman he raped,
if he is a non-priest, he remarries
her…
Makkot 15a:2
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