Pisqa’ 244¹

1

“Should a man find a virginal young lady,²” (Dt.22:28)—

Virginal is mentioned here in a case of rape (Dt.22:28).

and virginal is mentioned elsewhere in a case of seduction (Ex.22:15).

Just as in the grave crime of rape,

he is obliged only to

[compensate the father of]

a virginal young lady,

isn’t it only logical that,

in the lesser crime of seduction,

he should be obliged only

[to compensate the father of]

the virginal young lady

[instead of marrying her (Ex.22:15)] ?³

Now, let’s reverse the logic:

If, in the lesser crime of seduction,

the seducer is indeed obliged

[to dower and marry the young lady (Ex.22:15)],

whether or not [after seduction] she

remains virginal,

isn’t it only logical that,

in the grave crime of rape,

the rapist should be obliged

[to compensate the father of]

a virginal young lady

as well as [the father of] a young lady

who has not remained virginal?

What, then, does the Teaching add by saying

“Virginal” (Dt.22:28)?

The rule applies to her rape.

2

Is it possible to say that

we should not compensate the father,

[whose daughter has been raped,]

but only compensate the daughter?

The Teaching states:

“Virginal” (Dt:22:28)—

excluding a woman who has already been mounted

[prior to the rape].⁴

Now I might infer only that

the rule applies to a woman who has

already been mounted.

How do I know about a woman

who was struck by a stick?

The Teaching states:

“Virginal” (Dt.22:28)—

this is to exclude from the rule

one struck by a stick.⁵

3

Here, [regarding the rape-victim,] it is stated:

“Who is not betrothed” (Dt.22:28),

and it is stated elsewhere, of the seduced:

“Who is not betrothed” (Ex.22:15)—

Just as in the grave crime of rape,

the rapist is not obliged [to compensate]

a betrothed woman who was expelled

[from the betrothal prior to the rape],

So, too, in the lesser crime of seduction—

isn’t it only logical that

the seducer should not be obliged [to compensate]

A betrothed woman who was expelled

[from the betrothal prior to the seduction]? ⁶

Now, let’s reverse the logic:

Just as in the lesser crime of seduction,

we note that the seducer is obliged [to compensate]

a betrothed woman who was expelled

[from the betrothal prior to the rape,]

isn’t it only logical that,

in the grave crime of rape,

he should also be obliged [to compensate]?

What, then, does the Teaching add by

[stressing the phrase:]

“Who is not betrothed” (Dt.22:28)?

The rule applies to rape

[rather than to seduction].

Is it possible to say that

we should not compensate the father,

but only compensate the victim?

The Teaching states two times:

“Who is not betrothed” (Dt.22:28)

and “who is not betrothed” (Ex.22:15)—

Thus, neither she nor her father is due compensation.

4

Here, [in the case of rape,]

The term, young lady, appears (Dt.22:28),

while it does not appear

in the case of seduction (Ex.22:15).

Just as in the severe crime of rape,

the rapist is obliged [to marry the victim]

only if she is a young lady,

isn’t it only logical that

in the lesser crime of seduction,

the seducer should be obliged [to marry the victim]

only if she is a young lady?

Now, let’s reverse the logic:

Just as in the lesser crime of seduction,

we note that the seducer is obliged

[to marry the victim,]

whether or not she is still a young lady—

isn’t it only logical that,

in the grave crime of rape,

the rapist should be obliged

[to marry the victim]

whether or not she is still a young lady?

The Teaching states:

“And the man who beds her shall give to the father of the young lady” (Dt.22:29)—

but not to the father of an adult woman.

5

Now, isn’t this a matter of logic?

For, just as in the severe crime of rape—

the rapist owes nothing [to the father],

on account of the rape of an adult daughter—

So, too, where the lesser crime

of seduction is committed,

isn’t it only logical that

the seducer owes nothing [to the father]?

Now there’s no reversing this logic!

For, indeed, the term, young lady,

has already been mentioned twice (Dt.22:28, Dt.22:29)

“And he beds her down” —

Any kind of “bedding down.”

“And they are discovered” (Dt.22:28)—

that is, by witnesses.

1. H:249-250;JN2:165-167.
2. Heb: na`arah betulah; cf.H: 473, Pisqa’ 244, n.6.
3. Cf. Mechilta Ishmael, neziqin, 17.
4. Cf. Mechilta Ishmael, neziqin, 17.
5. Cf. T. Ket. 3:5.
6. According to M. Ket.3:4, a victim of seduction is compensated in three ways: for shame, disfigurement, and payment of a fine of 50 silver sheqels. The rape victim, receives these three, in addition to compensation for pain. Cf. M. Ket.3:7.