1. When a man seduces a virgin,¹Between the ages of three and twelve and a half, as evident from Halachah 8. See Ramah (Even HaEzer 177:1). he is fined 50 sela'im of pure silver.²See Hilchot Eruvin 1:12 and Hilchot Shekalim 1:2, where the Rambam describes the weight of this coin. According to the figures he gives in his Commentary on the Mishnah (Bechorot 8:8), in contemporary measure a sela is 19.2 grams. According to the Piskei Siddur of Rabbi Shneur Zalman of Liadi, it is 20.4 grams. 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,³See Sefer HaMitzvot (Positive Commandment 220), which describes this mitzvah as "the commandment we have been given with regard to a man who seduces [a virgin]." (See also Sefer HaChinuch, Mitzvah 61.)

Both in the Mishneh Torah and in Sefer HaMitzvot, the payment of the fine by a seducer, a rapist and one who issues a slanderous report appears to be included in the same mitzvah (Nachalat Efrayim).

Hilchot Sanhedrin 5:8 states that the cases involving laws governing a seducer and a rapist are to be tried by judges with semichah, a qualification that is not possessed by Rabbinical judges in the post-Talmudic period. The Shulchan Aruch (Even HaEzer 177:2) states that in the present age, a seducer and a rapist should be compelled to satisfy the girl's father for the damage they have caused., as [Deuteronomy 22:29] states: "The man who raped her must give the maiden's father 50 silver pieces."

2. 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, we operate under the presumption that he raped her, and apply those laws⁴As mentioned in the following halachah, a rapist must marry the woman he raped, while a seducer need not. And, as mentioned in Chapter 2, Halachah 1, a rapist must also reimburse the woman for the pain and embarrassment he caused her. unless witnesses testify that she entered into relations with him willingly.⁵The Ra'avad objects to the Rambam's ruling, explaining that unless there are witnesses to the relations, the woman has no way of proving her claim against the man. The Migdal Oz explains that this refers to an instance where witnesses saw the man and the woman engage in relations from afar and were not able to determine whether she was seduced or raped.

The assumptions mentioned by the Rambam are based on the passage (stated with regard to a consecrated maiden, Deuteronomy 23:24-27): "This is the law when a virgin maiden was consecrated to one man and another man meets her in the city and has relations with her. Both of them should be executed, [i.e., we assume the girl consented]... because she did not cry out in the city.... If the man encountered the maiden who was consecrated in the field..., the girl has not committed a sin... for the man attacked her in the field..., where there was no one to come to her aid." Whenever a man enters into relations with a woman in a city, we operate under the presumption that she consented, because she did not cry out, unless witnesses testify that she was raped - e.g., he pulled out a sword and told her, "If you cry out, I will kill you."

3. When a girl who was seduced does not want to marry the seducer, or her father does not want to give her in marriage to him,⁶Exodus 22:16 states: "If her father refuses to allow him to marry her...," and Ketubot 39b explains that the girl is also given the option of rejecting the man. or if [the seducer] does not want to marry her, he may pay the fine and depart. We do not force him to marry her.⁷The simple meaning of the passage from Exodus implies that the seducer should marry the girl, but Ketubot 40a explains that this is not a binding obligation.

If they do desire [to wed], and he marries her, he does not pay a fine.⁸He does, however, pay damages, as stated in Chapter 2, Halachah 7. Instead, he writes her a ketubah, as is written for other maidens.⁹I.e., she is given a ketubah of 200 zuzim, as is given to other virgin maidens (Hilchot Ishut 11:4), despite the fact that she was not a virgin at the time of the marriage (Ma'aseh Rokeach). Mishneh LaMelech explains that this concept is derived from Exodus 22:16, which states: "he must pay the usual dowry money for virgins."

Tosafot (Yevamot 60a) and the Nimukei Yosef differ and maintain that the girl is given a ketubah of only 100 zuzim as is given to non-virgins.

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.¹⁰See Sefer HaMitzvot (Positive Commandment 218). See also Sefer HaChinuch (Mitzvah 557).

Even if the girl is lame, blind, or afflicted with leprosy,¹¹In this halachah, the Rambam uses the Biblical term tzara'at, although generally he uses the Rabbinic term mukeh sh'chin. See Chapter 3, Halachah 4, and the conclusion of Hilchot Ishut. he is forced to marry her and he may never take the initiative in divorcing her,¹²If, however, the woman wants to be divorced, the rapist may divorce her [Shulchan Aruch (Even HaEzer 177:3)]. as [the above verse continues]: "He may not send her away as long as he lives." This is a negative commandment.¹³See Sefer HaMitzvot (Negative Commandment 358). See also Sefer HaChinuch (Mitzvah 558).

4. [This girl] is not granted a ketubah. For our Sages instituted the requirement of a ketubah so that [a husband] will not consider divorce a frivolous matter. [In this instance this is unnecessary, because] the man cannot divorce [his wife].

5. If the girl he raped was forbidden to him,¹⁴The Torah does not require him to marry a woman with whom there is any prohibition whatsoever. even if the prohibition stems from a positive commandment, or she was a sh'niyah [or forbidden by other Rabbinic prohibitions],¹⁵For all Rabbinic prohibitions have the source in the Torah's commandment to observe the rulings of our Sages. he should not marry her. Similarly, if he discovers adulterous behavior¹⁶For a husband is forbidden to engage in marital relations with an adulterous wife, as stated in Hilchot Ishut 24:17. See the Beit Shmuel 177:4, who emphasizes that the intent is that witnesses observed the actual commission of adultery, not merely immodest behavior that suggests adultery.

See also Chapter 3, Halachah 5. on her part after he marries her, he should divorce her. [These concepts are implied by the phrase: "He must take [the girl] as his wife" [which our Sages interpreted to mean]: "She must be fit to be his wife."

6. When a High Priest rapes or seduces a virgin maiden, he should not marry her, because he is commanded to marry a virgin,¹⁷See Leviticus 21:13; Hilchot Ishut 1:8. and at the time he marries this girl she is not a virgin.¹⁸Although her lack of virginity is a result of his deed, she is still forbidden to him. See Hilchot Issurei Bi'ah 17:16. If he marries [this girl], he must divorce her.

7. Although it is said with regard to a rapist: "He may not send her away as long as he lives," since [this prohibition] is preceded by a positive commandment, as it is said, "He must take [the girl] as his wife," the Torah made the prohibition [rectifiable] by the observance of the positive commandment. Thus, this is a negative commandment [whose violation] can be rectified by [the observance of] a positive commandment. Lashes are not given [as punishment for the violation of such a commandment] unless one does not fulfill the positive commandment, as will be explained in Hilchot Sanhedrin.¹⁹Chapter 18, Halachah 2.

Therefore, when a rapist violates [this prohibition] and divorces [his wife], he is compelled to remarry her and is not punished by lashes. If, however, his divorcee dies or is consecrated by another man²⁰At which point her husband is forbidden to remarry her, as stated in Hilchot Gerushin 11:12. before he remarries her, or if he is a priest, who is forbidden to marry a divorcee, he should be punished by lashes. For he transgressed the negative commandment, and is unable to fulfill the positive commandment associated with it.²¹Although he did not personally prevent the positive commandment from being observed, since he is no longer able to observe it, he must bear the consequences of his violation of the prohibition.

8. Neither a rapist nor a seducer is liable to pay the fine unless he engages in relations in the ordinary fashion,²²I.e., vaginal and not anal intercourse. The Rambam's ruling is not accepted by the Ra'avad and Rabbenu Asher, who cite Kiddushin 9b-10a in support of their conception.

The Kiryat Sefer supports the Rambam's ruling, based on Sanhedrin 73b, which states that the man is not liable until he inserts the entire penis into the vagina, explaining that it is only then that the woman will lose her virginity. Since she will never lose her virginity through anal intercourse, the man is not held liable. and the relations are observed by witnesses.²³For a person who admits his culpability in matters punishable by a fine is not liable. See Chapter 2, Halachah 12 and notes. A warning is not necessary.²⁴For a warning is necessary only before infliction of the punishments of execution or lashing.

At what age is a girl fit to be paid a fine? From the age of three²⁵Although there are times when the Hebrew term na'arah, translated as "maiden," has a more specific meaning (see Hilchot Ishut 2:1), Ketubot 40b explains that in this instance the intent is also a girl below the age of twelve.

Although most Rishonim agree with the Rambam, there are, however, significant authorities who rule that a fine need not be paid until the girl reaches the age of na'arut. until she reaches the age of bagrut.²⁶Generally, this refers to a girl of the age of twelve and a half who has manifested signs of physical maturity. If a girl does not manifest signs of physical maturity, she is not considered a bogeret until the age of 20 or 35. See Hilchot Ishut 2:1-4. If a man engages in relations with a girl less than three years old, the relations are not significant.²⁷For her hymen will grow back, as implied by Hilchot Ishut 3:11. 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.

9. Whether or not [a girl's] father is alive, a fine must be paid.²⁸Since the Torah states that the fine should be paid to the father, it is necessary to clarify that the fine must be paid even if the father is not alive.

A fine need not be paid [because of relations] with the following women: a bogeret, a girl who has dissolved a marriage through mi'un,²⁹As mentioned in Hilchot Gerushin 11;1, when a girl below the age of majority marries without being consecrated by her father, she can nullify the marriage without a formal divorce. This is called mi'un. When she takes this option, even if we know that she is still a virgin, she is not entitled to receive the fine because she has been married previously. an aylonit,³⁰A woman who does not manifest female sexual characteristics, as explained in Hilchot Ishut 2:5. Since an aylonit never becomes a na'arah, she is not entitled to a fine (Kessef Mishneh). The Ra'avad maintains that an aylonit should receive a fine until she reaches the age of twenty. a mentally incompetent girl, a deaf mute,³¹Since they are not mentally competent, we fear that they were raped previously without their knowing about it. Compare to Hilchot Ishut 11:4,8. Note the Ra'avad, who states that a person who rapes or seduces a deaf mute is liable for a fine. a girl who was reputed to have conducted herself immodestly while young, concerning whom two witnesses testify that she sought sexual relations with them,³²See Chapter 2, Halachah 17. a girl who was married and divorced, but is still a virgin maiden.³³Even if we are certain that she and her husband never engaged in sexual relations, she is not paid a fine. Compare to Hilchot Ishut 11:1.

When, by contrast, [a girl] is divorced after merely being consecrated,³⁴We do not assume that she entered into relations with her husband before the stage of nisu'in. a fine must be paid - and she is entitled to it³⁵Although Deuteronomy 22:28 speaks of the fine being paid to the girl's father, from the fact that the verse mentions "a maiden who was not consecrated," Ketubot 38a derives that when a maiden has been consecrated, the fine should be paid to the woman who was raped. - if she is raped. If she is seduced, she is not entitled to a fine.³⁶Since she consented to relations, she waives the payment of the fine. See Chapter 2, Halachot 10-11.

Note Rav David Arameah, who states that this applies only when she is a na'arah. If she is still a minor, her father receives the fine, and she does not have the potential to waive it through her consent.

10. [The following rules apply with regard to] a convert, a girl who was taken captive, and a [Canaanite] maidservant who was freed:³⁷As the Rambam states in Hilchot Ishut 11:2, we operate under the presumption that these women have engaged in relations previously: a convert and a Canaanite maidservant because non-Jews' morals are considered to be weak, and a woman held captive because she is at the mercy of her captors. If she was converted, redeemed or freed before she reached the age of three, she is entitled to a fine.³⁸Even if she engaged in relations before the age of three, her hymen will grow back, as stated in the notes on Halachah 8.

If she was three years old [or older] when she was converted, redeemed or freed, she is not entitled to a fine. Since relations that she engages in at this time are significant, she is placed into the category of non-virgins.

11. [The following rules apply when] the virgin [who was raped or seduced] was forbidden to the rapist or the seducer. If the prohibition was punishable by karet - e.g., she was his sister, his aunt, in the niddah state or the like - or she was forbidden by virtue of a negative commandment [that does not involve either karet or execution], he is not liable for a fine if he was given a warning.³⁹As stated in Hilchot Sanhedrin 12:2 and 16:4, a person receives corporal punishment for the commission of a transgression only when he has been warned previously. [Instead,] he should be lashed. [The rationale is that] a person is never punished [for the same transgression] by both lashes and a monetary assessment.

If he was not warned, since he is not to be given lashes, he should pay the fine.

12. [When the girl raped] was forbidden because of a positive commandment, or she was a sh'niyah or forbidden because of another Rabbinic commandment, [the rapist] is obligated to pay the fine whether he was warned against the transgression or not, because he is not punished by lashes.

13. [When the girl raped] was forbidden because of a prohibition punishable by execution by the court - e.g., she was his daughter, daughter-in-law,⁴⁰This refers to a girl who was divorced after consecration. If she was divorced after nisu'in, the second stage of the marriage, she is not entitled to a fine as stated in Halachah 9. or the like - he is not liable for the fine, regardless of whether or not he received a warning.

[This is derived from Exodus 21:22, which] states: "If there will not be a [fatal] accident, he should be punished."⁴¹The verse speaks of the woman's miscarrying. If she herself does not die, the man who caused her to miscarry must pay her damages. Implied is that if there is a [fatal] accident, no punishment should be levied.⁴²I.e., if the woman dies, her heirs need not be reimbursed. Since the man is liable for a sin of a more severe nature, he is not held liable for damages (Hilchot Sanhedrin 16:5). [This applies] although the woman was killed unintentionally, [i.e.,] the man did not intend to strike her,⁴³Although the general principle stated in this halachah is accepted without dispute, the particular case of the pregnant woman is a matter of question. The Rambam himself states (Hilchot Chovel UMazik 4:5-6) that if the man did not intend to strike the woman, he is liable to pay damages to her heirs.

In that source, he explains that the leniency granted by the verse applies when the man intended to strike the woman, but did not intend to kill her. as it is written [Ibid.]: "If men strive and a woman receives a blow...." This teaches that with regard to a [fatal] accident, Scripture did not differentiate between an intentional and unintentional act to free him from monetary obligation.

And [Leviticus 24:18-21] says: "A person who [fatally] strikes an animal shall reimburse [its owner] for it, and one who [fatally] strikes a man must die." Just as Scripture did not distinguish between intentional and unintentional action for killing an animal to make him liable for payment, so too, it did not distinguish between intentional and unintentional action for killing a person to free him from financial obligation.

14. This law applies with regard to every transgression that is punishable by execution by the court. There is no financial obligation.⁴⁴In contrast, with regard to a transgression punishable by lashes: if it is performed unintentionally, one is still held liable for the financial repercussions.

15. If [a girl] dies after she [was seduced or raped], [the seducer or the rapist] is not liable for the fine, [as implied by Deuteronomy 22:29]: "the man who raped her must give the maiden's father...." [The verse states] "the father of the maiden," and not "the father of the dead maiden." [This applies] when she dies before the case came to court.⁴⁵Once, however, the case is heard before the court, the rapist is held liable if proven guilty, even if the maiden dies. The fine is given to the girl's heirs (Kessef Mishneh).