According to Torah law if a man kidnaps a woman and has a child with her is that child now considered kidnapped as well? The question being has the man now violated the prohibition of kidnapping twice.
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Why would you want to say that? There is no evidence he is holding the child against his/her will.– gt6989bCommented May 9, 2013 at 14:30
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@gt6989b against the will of the child? The child is a minor– user2110Commented May 9, 2013 at 14:38
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The child is his son/daughter. Is it possible to kidnap one's own minor child?– Double AA ♦Commented May 9, 2013 at 14:43
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@DoubleAA I think that is getting at the core of the question.– user2110Commented May 9, 2013 at 14:50
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@nikmasi I think it's more of a distraction to the question. Why not ask about where the woman gives birth to someone else's child first?– Double AA ♦Commented May 9, 2013 at 14:54
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1 Answer
The Rambam writes (Geneiva 9:5 (English)):
הגונב את בנו או את אחיו הקטן, וכן האפטרופין שגנבו את היתומים שהן סמוכין אצלם, ובעל הבית שגנב אחד מבני ביתו הסמוכין על שולחנו, ומלמד תינוקות שגנב אחד מן הקטנים הלומדים אצלו--אף על פי שנשתמש בו ומכרו, פטור: שנאמר "ונמצא בידו" (שמות כא,טז), פרט לאלו שהן מצויין בידו.
The following individuals are not liable for capital punishment: a person who kidnaps his son or a brother who is below majority, a guardian who kidnaps the orphans who are in his trust, a house-owner who kidnaps one of the members of his household, and a teacher who kidnaps one of the students studying under him.
This applies even if the kidnapper makes use of and sells the abducted person. This is derived from the exegesis of Exodus 21:16: "And he is found in his hand." This excludes those who are constantly found in their hand. (Loose translation from Chabad)
answered May 9, 2013 at 16:48
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If Dina had been raped by a Jew, rather than Shechem, would her brothers have any right to kill the rapist? Or would they have to settle for financial damages being awarded to Jacob? Commented May 9, 2013 at 17:15
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@BruceJames I'm not sure what the relevance is, but AFAIK you can kill/maim someone before they attempt to rape a girl, but afterwords you give them to the court where they get their due punishment.– Double AA ♦Commented May 9, 2013 at 17:17
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@Fred So...unclear. How are you supposed to know if she's betrothed?– Double AA ♦Commented May 10, 2013 at 2:20
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@DoubleAA I'd be interested if you could direct me to a source for that.– FredCommented May 10, 2013 at 2:31