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Rambam Naarah Betulah Chapter One
Halacha 3

...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.

Halacha 8

...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.

what is the reason of the law that if she was raped after she was 12 and a half the rapist is not obligated to marry her?

  • i guess if she was not a virgin the reason is because anyway she was not a virgin (he did not cause to much damages) so it seems possible that the reason here is that she is not a complete virgin after she is 12.5. this is my guess (which might be wrong) but i am interested in sources – hazoriz Jun 30 '17 at 22:17
  • Are the fine and marriage connected? It seems like (at least based on your quote of Halacha 3) that the fine and marriage are two separate actions. Halacha 8 only says that the fine is not paid. – Salmononius2 Jul 2 '17 at 4:00
  • @Salmononius2 how about if you read thee Deuteronomy – hazoriz Jul 2 '17 at 11:46
  • if they are not connected that is a complete answer – hazoriz Jul 2 '17 at 12:13
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The Ramban addresses your question in Shmot 22:15. First he says it is a biblical decree (גזירת הכתוב), meaning there is indeed no good reason for this law; but then he adds that the reason the rapist doesn't pay because she is already a grown adult; it is her own fault that she was raped since she wasn't careful enough - כי בעמדה על דעתה תשמר מאונס (in ancient times it wasn't so common for girls to leave the house at all).

  • My own speculation: the bogeret since she is old enough and was exposed to sexual stimuli she is not considered to be raped by him, since she can enjoy this sexual act. Only a minor that has never tasted the taste of sex (לא טעם טעם ביאה מעולם) is considered raped when forced into it. – Bach Jul 2 '17 at 23:30
  • +1 your answer seems to day that he needs to pay nothing but the only thing he is exempt from is the fine (he needs to pay for the damages (as hitting any other jew) – hazoriz Jul 2 '17 at 23:46
  • sefaria.org/Ramban_on_Exodus.22.15 by the end – hazoriz Jul 2 '17 at 23:51

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