If a husband willingly hurts his wife (physically or sexually), which of the 5 parts of damages is he obligated to pay?
What does he pay immediately and what is held as a debt until divorced?
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1 Answer
Rambam Hilchos Chovel U'Mazik 4:16
בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁחָבְלוּ בָּהּ אֲחֵרִים. אֲבָל הַבַּעַל שֶׁחָבַל בְּאִשְׁתּוֹ חַיָּב לְשַׁלֵּם לָהּ מִיָּד כָּל הַנֵּזֶק וְכָל הַבּשֶׁת וְהַצַּעַר וְהַכּל שֶׁלָּהּ וְאֵין לַבַּעַל בָּהֶן פֵּרוֹת. וְאִם רָצְתָה לִתֵּן הַדָּמִים לְאַחֵר נוֹתֶנֶת. וְכָזֶה הוֹרוּ הַגְּאוֹנִים. וְהַבַּעַל מְרַפֵּא אוֹתָהּ כְּדֶרֶךְ שֶׁמְּרַפֵּא כָּל חָלְיָהּ:
When does the above apply? When others injured her. When, however, a husband injures his wife, he is required to pay her the entire assessment for the damages, the embarrassment and the pain. This money is hers entirely. The husband has no rights to the profits. If she desires to give the money to another person, she may. This is the ruling rendered by the geonim. The husband must pay for her medical expenses, as he pays for all her other medical expenses.
Rambam Hilchos Chovel U'Mazik 4:17
וְהַמַּזִּיק אִשְׁתּוֹ בְּתַשְׁמִישׁ הַמִּטָּה חַיָּב בִּנְזָקֶיהָ:
When a person injures his wife through marital relations, he is liable for the damages.
Both of these halachos are codified by the Shulchan Aruch, Even Haezer 83:1-2
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@AlBerko these shitas Rambam/ SA don't explicitly mention rape head on, but sure– alichtCommented May 29, 2019 at 18:01
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2+1. I notice sheves isn't listed, which I suppose is because he gets her maase yadayim. I wonder though whether he must pay sheves if she said eni nizonis v'eni osa. Do the nos'e kelim speak about that?– msh210 ♦Commented May 29, 2019 at 21:52