Pisqa’ 244²¹⁴

1. “Should a man find a virginal young lady,²¹⁵ cf.H: 473, Pisqa’ 244, n.6.” (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)] ?**²¹⁶ 17. 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?

“Virginal” (Dt:22:28)— excluding a woman who has already been mounted **[prior to the rape].**²¹⁷ 17. 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?

“Virginal” (Dt. 22:28)— this is to exclude from the rule **one struck by a stick.**²¹⁸ 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]? ²¹⁹ The rape victim, receives these three, in addition to compensation for pain. Cf. M. Ket.3:7. 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.4. 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)

footnotes: ²¹⁴ H:249-250;JN2:165-167. ²¹⁵ Heb: na`arah betulah; ²¹⁶ Cf. Mechilta Ishmael, neziqin, ²¹⁷ Cf. Mechilta Ishmael, neziqin, ²¹⁸ Cf. T. Ket. 3:5. ²¹⁹ 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.

“And he beds her down” — Any kind of “bedding down.”

“And they are discovered” (Dt. 22:28)— that is, by witnesses.