TODAY'S LAWS & CUSTOMS:
• TODAY'S 'NASI': REUBEN
In today's "Nasi" reading (see "Nasi of the Day" in Nissan 1), we read of the gift bought by the nasi of the tribe of Reuben, Elitzur ben Shedeur, for the inauguration of the Mishkan.
Text of today's Nasi in Hebrew and English.
TODAY IN JEWISH HISTORY:
• HOSPITAL CONVOY AMBUSHED (1948)
On the morning of the 4th of Nissan, a civilian convoy of doctors and nurses traveling to the Hadassah Hospital on Mount Scopus (see Today in Jewish History for 20 Iyar) was attacked by Arab forces. Of the ten vehicles in the caravan, five escaped. The other five vehicles, however, which included two buses and an ambulance, were riddled with machine gun fire and later set ablaze. Altogether 77 Jewish civilians were massacred on that day.
Shortly afterwards, the hospital was closed down and moved to the western part of Jerusalem.
The Mt. Scopus hospital only reopened after the eastern part of Jerusalem was liberated by Israel in the 1967 Six-Day War. Primarily staffed by Israeli doctors, it is the largest and best equipped hospital in the eastern section of Jerusalem.
DAILY QUOTE:
When my father reads "The Rebuke" (the harsh punishments described in Deuteronomy 28), I don't hear curses--Rabbi DovBer of Lubavitch (son of Rabbi Schneur Zalman of Liadi)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Metzora, 6th Portion Leviticus 15:16-15:28 with Rashi
• Chapter 15
16. A man from whom there is a discharge of semen, shall immerse all his flesh in water, and he shall remain unclean until evening. טז. וְאִישׁ כִּי תֵצֵא מִמֶּנּוּ שִׁכְבַת זָרַע וְרָחַץ בַּמַּיִם אֶת כָּל בְּשָׂרוֹ וְטָמֵא עַד הָעָרֶב:
17. And any garment or any leather [object] which has semen on it, shall be immersed in water, and shall remain unclean until evening. יז. וְכָל בֶּגֶד וְכָל עוֹר אֲשֶׁר יִהְיֶה עָלָיו שִׁכְבַת זָרַע וְכֻבַּס בַּמַּיִם וְטָמֵא עַד הָעָרֶב:
18. A woman with whom a man cohabits, whereby there was [a discharge of] semen, they shall immerse in water, and they shall remain unclean until evening. יח. וְאִשָּׁה אֲשֶׁר יִשְׁכַּב אִישׁ אֹתָהּ שִׁכְבַת זָרַע וְרָחֲצוּ בַמַּיִם וְטָמְאוּ עַד הָעָרֶב:
[Both of] these must immerse in water: It is the Divine King’s decree that the woman becomes defiled through cohabitation, and the reason is not that she came into contact with semen, for this constitutes contact with hidden parts of the body [which does not defile]. — [Niddah 41b]
ורחצו במים: גזירת מלך היא שתטמא האשה בביאה. ואין הטעם משום נוגע בשכבת זרע, שהרי מגע בית הסתרים הוא:
19. If a woman has a discharge, her flesh discharging blood, she shall remain in her state of menstrual separation for seven days, and whoever touches her shall become unclean until evening. יט. וְאִשָּׁה כִּי תִהְיֶה זָבָה דָּם יִהְיֶה זֹבָהּ בִּבְשָׂרָהּ שִׁבְעַת יָמִים תִּהְיֶה בְנִדָּתָהּ וְכָל הַנֹּגֵעַ בָּהּ יִטְמָא עַד הָעָרֶב:
[If a woman] has a discharge: One might think that this means from any of her organs. Scripture, therefore, says “and she revealed the fountain of her blood” (Lev. 20:18). [Scripture here teaches us that] the only blood that defiles is what comes from her “fountain” [i.e., her womb]. — [Torath Kohanim 15:169]
כי תהיה זבה: יכול מאחד מכל איבריה, תלמוד לומר (ויקרא כ יח) והיא גלתה את מקור דמיה, אין דם מטמא אלא הבא מן המקור:
her flesh discharging blood: A woman’s discharge is not called a defiling discharge unless it is red. — [Niddah 19a]
דם יהיה זבה בבשרה: אין זובה קרוי זוב לטמא אלא אם כן הוא אדום:
in her state of menstrual separation: Heb. נִדָּתָהּ, like, “and chase him (יְנִדֻּהוּ) from the world” (Job 18:18), for she is separated (מְנֻדָּה) from contact with any man.
בנדתה: כמו (איוב יח יח) ומתבל ינידוהו, שהיא מנודה ממגע כל אדם:
she shall remain in her state of menstrual separation: Even if she saw only the first sighting. — [Torath Kohanim 15:171]
תהיה בנדתה: אפילו לא ראתה אלא ראיה ראשונה:
20. And whatever she lies on during her menstrual separation, shall become unclean, and whatever she sits on, shall become unclean. כ. וְכֹל אֲשֶׁר תִּשְׁכַּב עָלָיו בְּנִדָּתָהּ יִטְמָא וְכֹל אֲשֶׁר תֵּשֵׁב עָלָיו יִטְמָא:
21. And anyone who touches her bedding, shall immerse his garments and immerse [himself] in water, and he shall remain unclean until evening. כא. וְכָל הַנֹּגֵעַ בְּמִשְׁכָּבָהּ יְכַבֵּס בְּגָדָיו וְרָחַץ בַּמַּיִם וְטָמֵא עַד הָעָרֶב:
22. And anyone who touches any object upon which she will sit, shall immerse his garments and immerse himself in water, and he shall remain unclean until evening. כב. וְכָל הַנֹּגֵעַ בְּכָל כְּלִי אֲשֶׁר תֵּשֵׁב עָלָיו יְכַבֵּס בְּגָדָיו וְרָחַץ בַּמַּיִם וְטָמֵא עַד הָעָרֶב:
23. And if he is on the bedding or on the object, upon which she is sitting, when he touches it, he becomes unclean until evening. כג. וְאִם עַל הַמִּשְׁכָּב הוּא אוֹ עַל הַכְּלִי אֲשֶׁר הִוא ישֶׁבֶת עָלָיו בְּנָגְעוֹ בוֹ יִטְמָא עַד הָעָרֶב:
And if he is on the bedding: [I.e.,] someone who lies or sits upon her bedding or upon her seat, even if he does not touch it [if he sits on a seat that is on that seat - see Rashi on verse 6], this person is nevertheless also included in the law of uncleanness stated in the previous verse, and he requires immersion of his garments [in a mikvah]. — [Torath Kohanim 15:134]
ואם על המשכב הוא: השוכב או היושב על משכבה או על מושבה, אפילו לא נגע בה, אף הוא בדת טומאה האמורה במקרא העליון שטעון כבוס בגדים:
or on the object: [This comes] to include riding gear. — [Torath Kohanim 15:176]
על הכלי: לרבות את המרכב:
when he touches it, he becomes unclean: [This clause] refers exclusively to riding gear, which is included by [the words] “or object.”
בנגעו בו יטמא: אינו מדבר אלא על המרכב שנתרבה מעל הכלי:
when he touches it, he becomes unclean: But he does not require immersion of garments, for touching unclean riding gear does not defile people to defile their garments. — [Keilim 23:3]
בנגעו בו יטמא: ואינו טעון כבוס בגדים שהמרכב אין מגעו מטמא אדם לטמא בגדים:
24. If a man cohabits with her, [the uncleanness of] her menstruation shall be upon him, and he shall be unclean for seven days, and any bedding he lies upon, shall become unclean. כד. וְאִם שָׁכֹב יִשְׁכַּב אִישׁ אֹתָהּ וּתְהִי נִדָּתָהּ עָלָיו וְטָמֵא שִׁבְעַת יָמִים וְכָל הַמִּשְׁכָּב אֲשֶׁר יִשְׁכַּב עָלָיו יִטְמָא:
[the uncleanness of] her menstruation shall be upon him: One might think that he follows in her footsteps, [i.e.,] if he had relations with her on the fifth day of her menstruation, he, too, will be unclean only for three days, like her. Scripture, therefore, continues, “and he shall be unclean for seven days.” So what does this clause here, “then [the uncleanness of] her menstruation shall be upon him,” come to teach us? [It means that the same laws of her uncleanness apply, insofar as] just as she defiles people and earthenware vessels, so does he defile people and earthenware vessels. — [Torath Kohanim 15:180; Niddah 33a]
ותהי נדתה עליו: יכול יעלה לרגלה, שאם בא עליה בחמישי לנדתה לא יטמא אלא שלשה ימים כמותה, תלמוד לומר וטמא שבעת ימים. ומה תלמוד לומר ותהי נדתה עליו, מה היא מטמאה אדם וכלי חרס, אף הוא מטמא אדם וכלי חרס:
25. And a woman whose flow of blood flows for many days, outside of the time of her menstrual separation, or she has a discharge after her menstrual separation, then all the days she has her unclean discharge, she shall be unclean just like the days of her menstrual separation. כה. וְאִשָּׁה כִּי יָזוּב זוֹב דָּמָהּ יָמִים רַבִּים בְּלֹא עֶת נִדָּתָהּ אוֹ כִי תָזוּב עַל נִדָּתָהּ כָּל יְמֵי זוֹב טֻמְאָתָהּ כִּימֵי נִדָּתָהּ תִּהְיֶה טְמֵאָה הִוא:
many days: Three days. — [Torath Kohanim 15:186]
ימים רבים: שלשה ימים:
outside of the time of her menstrual separation: [I.e., after the seven days of her menstrual uncleanness had passed [not within the period of her menstrual uncleanness]. — [Torath Kohanim 8:187, Niddah 73a]
בלא עת נדתה: אחר שיצאו שבעת ימי נדתה:
or she has a discharge: [of] these three days.
או כי תזוב: את שלשת הימים הללו:
after her menstrual separation: i.e., separated from [the period of] her menstruation by one day, this is a zavah, whose law is decreed in this passage, unlike the laws of the menstruant, insofar as this one [the zavah gedolah A woman who discharges for three consecutive days,] requires a counting of seven [days] clean [of blood] and a sacrifice [for her purification], whereas the menstruant is not required [by Torah law] to count clean days. Rather, [the menstruant] need only remain in her state of menstrual separation for seven days (verse 19), whether she sees [an issue of blood] or not. And our Rabbis expounded this passage (Torath Kohanim 15:187; Niddah 73) as follows: Between the end of one period of menstruation to the beginning of the next, there is an eleven-day interval, so that if during these eleven days, she sees an issue of blood for three consecutive [days], she becomes a zavah [gedolah].
על נדתה: מופלג מנדתה יום אחד, זו היא זבה ומשפטה חרוץ בפרשה זו, ולא כדת הנדה, שזו טעונה ספירת שבעה נקיים וקרבן, והנדה אינה טעונה ספירת שבעה נקיים, אלא שבעת ימים תהיה בנדתה בין רואה בין שאינה רואה. ודרשו רבותינו בפרשה זו, אחד עשר יום יש בין סוף נדה לתחלת נדה, שכל שלשה רצופין שתראה באחד עשר יום הללו, תהא זבה:
26. Any bedding upon which she lies during all the time of her discharge, will have the same [uncleanness] for her, as the bedding of her menstruation. And any object upon which she will sit, shall become unclean. like her menstrual uncleanness. כו. כָּל הַמִּשְׁכָּב אֲשֶׁר תִּשְׁכַּב עָלָיו כָּל יְמֵי זוֹבָהּ כְּמִשְׁכַּב נִדָּתָהּ יִהְיֶה לָּהּ וְכָל הַכְּלִי אֲשֶׁר תֵּשֵׁב עָלָיו טָמֵא יִהְיֶה כְּטֻמְאַת נִדָּתָהּ:
27. And anyone who touches them shall become unclean; he shall immerse his garments and immerse [himself] in water, and he shall remain unclean until evening. כז. וְכָל הַנּוֹגֵעַ בָּם יִטְמָא וְכִבֶּס בְּגָדָיו וְרָחַץ בַּמַּיִם וְטָמֵא עַד הָעָרֶב:
28. And if she becomes clean of her discharge, she shall count for herself seven days, and after this, she may be cleansed. כח. וְאִם טָהֲרָה מִזּוֹבָהּ וְסָפְרָה לָּהּ שִׁבְעַת יָמִים וְאַחַר תִּטְהָר:
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Tehillim: Psalms Chapters 23 - 28
• Chapter 23
When King David was in the forest of Cheret and nearly died of starvation, God provided nourishment for him with a taste of the World to Come. David then composed this psalm, describing the magnitude of his trust in God.
1. A psalm by David. The Lord is my shepherd, I shall lack nothing.
2. He lays me down in green pastures; He leads me beside still waters.
3. He revives my soul; He directs me in paths of righteousness for the sake of His Name.
4. Though I walk in the valley of the shadow of death, I will fear no evil, for You are with me; Your rod and Your staff-they will comfort me.
5. You will prepare a table for me before my enemies; You have anointed my head with oil; my cup is full.
6. Only goodness and kindness shall follow me all the days of my life, and I shall dwell in the House of the Lord for many long years.
Chapter 24
If the fulfillment of one's prayer would result in the sanctification of God's Name, he should pray that God act for the sake of the holiness of His Name. One should also invoke the merit of his ancestors, for we know that "the righteous are greater in death than in life"
1. By David, a psalm. The earth and all therein is the Lord's; the world and its inhabitants.
2. For He has founded it upon the seas, and established it upon the rivers.
3. Who may ascend the mountain of the Lord, and who may stand in His holy place?
4. He who has clean hands and a pure heart, who has not used My Name in vain or sworn falsely.
5. He shall receive a blessing from the Lord, and kindness from God, his deliverer.
6. Such is the generation of those who search for Him, [the children of] Jacob who seek Your countenance forever.
7. Lift up your heads, O gates, and be lifted up, eternal doors, so the glorious King may enter.
8. Who is the glorious King? The Lord, strong and mighty; the Lord, mighty in battle.
9. Lift up your heads, O gates; lift them up, eternal doors, so the glorious King may enter.
10. Who is the glorious King? The Lord of Hosts, He is the glorious King for all eternity.
Chapter 25
The verses in this psalm are arranged according to the alphabet, excluding the letters Bet, Vav, and Kuf, which together equal the numerical value of Gehenom (purgatory). One who recites this psalm daily will not see the face of purgatory.
1. By David. To You, Lord, I lift my soul.
2. My God, I have put my trust in You. May I not be put to shame; may my enemies not gloat over me.
3. Indeed, may all who hope in You not be put to shame; let those who act treacherously without reason be shamed.
4. O Lord, make Your ways known to me; teach me Your paths.
5. Train me in Your truth and teach me, for You are the God of my salvation; I yearn for You all day.
6. O Lord, remember Your mercies and Your kindnesses, for they have existed for all time.
7. Do not recall the sins of my youth, nor my transgressions; remember me in accordance with Your kindness, because of Your goodness, O Lord.
8. Good and upright is the Lord, therefore He directs sinners along the way.
9. He guides the humble with justice, and teaches the humble His way.
10. All the paths of the Lord are kindness and truth for those who observe His covenant and testimonies.
11. For the sake of Your Name, O Lord, pardon my iniquity, for it is great.
12. Whoever is a God-fearing man, him will He teach the path that he should choose.
13. His soul will abide in well-being, and his descendants will inherit the earth.
14. The secret of the Lord is to those who fear Him; He makes His covenant known to them.
15. My eyes are always turned to the Lord, for He releases my feet from the snare.
16. Turn to me and be compassionate to me, for I am alone and afflicted.
17. The sufferings of my heart have increased; deliver me from my hardships.
18. Behold my affliction and suffering, and forgive all my sins.
19. See how numerous my enemies have become; they hate me with a violent hatred.
20. Guard my soul and deliver me; may I not be put to shame, for I place my trust in You.
21. Let integrity and uprightness guard me, for my hope is in You.
22. Redeem Israel, O God, from all its afflictions.
Chapter 26
In this psalm King David inundates God with prayers and acts of piety, because he envies those who are his spiritual superiors, saying, "If only I were on their level of piety and virtue!"
1. By David. Judge me, O Lord, for in my innocence I have walked, and in the Lord I have trusted-I shall not falter.
2. Try me, O Lord, and test me; refine my mind and heart.
3. For Your kindness is before my eyes, and I have walked constantly in Your truth.
4. I did not sit with men of falsehood, and with hypocrites I will not mingle.
5. I detested the company of evildoers, and with the wicked I will not sit.
6. I wash my hands in purity, and circle Your altar, O Lord,
7. to give voice to thanks, and to recount all Your wonders.
8. I love the shelter of Your House, O Lord, and the place where Your glory resides.
9. Gather not in my soul with sinners, nor my life with men of bloodshed,
10. In whose hands are schemes, and whose right hand is filled with bribes.
11. But I walk in my innocence; redeem me and show me favor.
12. My foot stands on level ground; in assemblies I will bless the Lord.
Chapter 27
King David acknowledges and praises God, placing his trust in Him because of his victories in war. "Nevertheless, it is not wars that I desire, for I cannot gain perfection with them. Only one thing do I ask: to abide day and night in the study hall studying Torah, to gain perfection so that my soul may merit the life of the World to Come."
1. By David. The Lord is my light and my salvation-whom shall I fear? The Lord is the strength of my life-whom shall I dread?
2. When evildoers approached me to devour my flesh, my oppressors and my foes, they stumbled and fell.
3. If an army were to beleaguer me, my heart would not fear; if war were to arise against me, in this I trust
1
4. One thing I have asked of the Lord, this I seek: that I may dwell in the House of the Lord all the days of my life, to behold the pleasantness of the Lord, and to visit His Sanctuary.
5. For He will hide me in His tabernacle on a day of adversity; He will conceal me in the hidden places of His tent; He will lift me upon a rock.
6. And then my head will be raised above my enemies around me, and I will offer in His tabernacle sacrifices of jubilation; I will sing and chant to the Lord.
7. Lord, hear my voice as I call; be gracious to me and answer me.
8. In Your behalf my heart says, "Seek My countenance"; Your countenance, Lord, I seek.
9. Do not conceal Your countenance from me; do not cast aside Your servant in wrath. You have been my help; do not abandon me nor forsake me, God of my deliverance.
10. Though my father and mother have forsaken me, the Lord has taken me in.
11. Lord, teach me Your way and lead me in the path of righteousness, because of my watchful enemies.
12. Do not give me over to the will of my oppressors, for there have risen against me false witnesses, and they speak evil.
13. [They would have crushed me] had I not believed that I would see the goodness of the Lord in the land of the living.
14. Hope in the Lord, be strong and let your heart be valiant, and hope in the Lord.
Chapter 28
A prayer for every individual, entreating God to assist him in walking the good path, to prevent him from walking with the wicked doers of evil, and that He repay the wicked for their wickedness and the righteous for their righteousness.
1. By David. I call to You, O Lord; my Strength, do not be deaf to me; for should You be silent to me, I will be like those who descend to the pit.
2. Hear the sound of my pleas when I cry out to You, when I raise my hands toward Your holy Sanctuary.
3. Do not draw me along with the wicked, with evildoers who speak of peace with their companions, though evil is in their heart.
4. Give them according to their deeds, and the evil of their endeavors; give them according to their handiwork, render to them their just deserts.
5. For they pay no heed to the acts of the Lord, nor to the work of His hands; may He destroy them and not rebuild them.
6. Blessed is the Lord, for He has heard the voice of my pleas.
7. The Lord is my strength and my shield; in Him my heart trusted and I was helped; my heart exulted, and with my song I praised Him.
8. The Lord is a strength to them; He is a stronghold of deliverance to His anointed.
9. Grant salvation to Your people and bless Your heritage; tend them and exalt them forever.
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Tanya: Likutei Amarim, end of Chapter 39
• Lessons in Tanya
• Today's Tanya Lesson
Friday, Nissan 4, 5774 • April 4, 2014
Likutei Amarim, end of Chapter 39
וכשעוסק שלא לשמה ממש, לשום איזו פניה לכבוד עצמו
However, when one engages in divine service explicitly not lishmah but for an ulterior motive of self-glorification,
כגון להיות תלמיד חכם וכהאי גוונא
as, for example, in order to become a scholar, and the like,
אזי אותה פניה, שמצד הקליפה דנוגה, מתלבשת בתורתו
then this motive, which is derived from kelipat nogah, clothes itself in his Torah study,
והתורה היא בבחינת גלות בתוך הקליפה
and the Torah studied for this motive is in a state of exile within the kelipah;
לפי שעה, עד אשר יעשה תשובה, שמביאה רפואה לעולם
but only temporarily, until he repents, since1 “Repentance brings healing to the world.”
שבשובו אל ה׳, גם תורתו שבה עמו
For when he returns to G d, his Torah returns with him from kelipah to holiness.
ולכן אמרו רז״ל: לעולם יעסוק אדם וכו׳ שמתוך שלא לשמה בא לשמה בודאי
Therefore our Rabbis, of blessed memory, said,2 “One should always engage [in Torah and mitzvot, even shelo lishmah], for out of shelo lishmah he will certainly arrive at [study and observance] lishmah,
שבודאי סופו לעשות תשובה, בגלגול זה או בגלגול אחר
since it is certain that he will ultimately repent, whether in this incarnation or another,
כי לא ידח ממנו נדח
because3 “No one banished from Him by his sins will remain banished,” but will ultimately repent.
The Alter Rebbe thus perceives two novel insights in the statement that one should always engage in Torah and mitzvot even shelo lishmah, etc.
(a) Progress from shelo lishmah to lishmah is a certainty, not a possibility, since every sinner will ultimately repent (— and the Alter Rebbe therefore adds the word “certainly” to the quotation);
(b) Not only will the person advance from the state of shelo lishmah to lishmah, but even the Torah that he studied shelo lishmah will be elevated, so that it attains the quality of lishmah; for when one repents and returns to G d, his Torah “returns” with him.
The aforesaid applies to one who engages in divine service for an ulterior motive, strictly shelo lishmah.
אך כשעושה סתם לא לשמה, ולא שלא לשמה, אין הדבר תלוי בתשובה
But if one acts neutrally, neither lishmah nor shelo lishmah, then the matter is not contingent on repentance.
אלא מיד שחוזר ולומד דבר זה לשמה, הרי גם מה שלמד בסתם מתחבר ומצטרף ללימוד זה, ופרחא לעילא
Rather, as soon as he reviews the subject lishmah, then even that which he had studied neutrally soars on high, attaching itself to and joining his present study,
מאחר שלא נתלבש בו עדיין שום קליפה דנוגה
since no kelipat nogah had yet clothed itself in [his previous study].
Because his earlier study was not motivated by selfish reasons, the Torah studied is not in exile within the kelipah; it merely lacks the quality of lishmah. This fault is remedied by reviewing the subject lishmah.
ולכן לעולם יעסוק אדם כו׳
Therefore, “A man should always occupy himself [with Torah...even shelo lishmah, for out of shelo lishmah he will come to lishmah”] — the Torah that he studied will itself be elevated to the level of lishmah. In this case, the lishmah “comes” automatically when one reviews his studies; it is not contingent on repentance (as it is in the case of Torah studied for personal motives).
וכן הענין בתפלה שלא בכוונה, כמו שכתוב בזהר
The same is true of prayer without kavanah, as discussed in the Zohar.4
When one recites the prayer once again, this time with kavanah, his earlier prayer ascends as well. Further in Tanya, the Alter Rebbe states that even if from all one’s prayers throughout the year, only one full prayer with kavanah can be assembled piecemeal (from one part of prayer said with kavanah one day, another part on another day, and so on), this one prayer is sufficient to elevate all the prayers of the entire year. For even where specific kavanah is lacking, the prayer is endowed with the comprehensive kavanah that one is praying to G d.
FOOTNOTES
1. Cf. Yoma 86a.
2. Pesachim 50b.
3. Cf. II Shmuel 14:14.
4. The Rebbe notes: “It would seem that the reference is to Zohar II, 245b.”
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Friday, Nissan 4, 5774 • April 4, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 220
The Law of the Seducer
"If a man seduces a virgin..."—Exodus 22:15.
In the event that a man seduces a virgin, we are commanded to follow the pertinent laws detailed in the Torah.
The Law of the Seducer
Positive Commandment 220
Translated by Berel Bell
The 220th mitzvah is that we are commanded regarding the law of a seducer.1
The source of this commandment is G‑d's statement2 (exalted be He), "If a man seduces a virgin...."3
The details of this mitzvah are explained in the third and fourth chapters of Kesubos.
FOOTNOTES
1.This refers to a case where the woman was single. If she had already received kiddushin (see first footnote to P213), the transgression would be one of adultery; see N347.
2.Ex. 22:15.
3.He must pay a fine of 50 shekels and is required to marry her. The marriage takes place only if the girl consents.
________________________________________
Positive Commandment 218
The Law of the Rapist
"She shall be his wife. . . . He may not send her away all the days of his life"—Deuteronomy 22:29.
One who rapes [a virgin] must marry the maiden [if she so desires].
The Law of the Rapist
Positive Commandment 218
Translated by Berel Bell
The 218th mitzvah is that a rapist is commanded to marry his victim.1
The source of this commandment is G‑d's statement2 (exalted be He), "Because he violated her, he must then take her to be his wife, and he may not send her away as long as he lives."
It is explained in tractate Makkos3 that the prohibition on the rapist not to divorce her, i.e. "he may not send her away," is considered "a prohibition which is preceded by a positive commandment." Our Sages stated there,4 "Why [should a rapist who marries his victim, and then divorces her, and then marries her again not receive lashes]? This is a prohibition which is preceded by a positive commandment?!" This statement demonstrates that G‑d's statement, "He must then take her as his wife," counts as a positive commandment.
The details of this mitzvah are explained in the third and fourth chapters of Kesubos.
FOOTNOTES
1.As in P220, the marriage takes place only if she consents, and he must pay a fine.
2.Deut. 22:29.
3.15a.
4.The Rambam now proves that this verse contains two separate mitzvos, a positive commandment (that he marry her), and a prohibition (that once he marries her, he is never allowed to divorce her).
The Gemara is discussing the types of prohibitions for which the punishment is lashes. When a positive commandment can "remedy" the prohibited act (lav she'nitak l'aseh), one does not receive lashes as long as that remedial act is performed. For example, there is a prohibition against leaving sacrificial meat beyond the prescribed time. Should one leave the meat too long, there is a positive commandment to burn the meat. As long as the meat can still be burned, one is not lashed for the prohibition.
The Gemara then postulates a distinction: perhaps this principle applies only in such a case, where the prohibition (e.g. leaving the meat) always comes before the positive act (burning it). Perhaps when the positive act can come first (called "a prohibition which is preceded by a positive commandment"), one does receive lashes.
This the Gemara disproves with our mitzvah, regarding which we know clearly that one does not receive lashes since he can always remarry her. It therefore asks: "[According to your reasoning,] why [should he not receive lashes]?" — being that the positive commandment comes first.
The point of quoting this passage is to bring the phrase, "a positive commandment," which shows that marrying her counts as a mitzvah.
________________________________________
Negative Commandment 358
Divorcing a Rape Victim
"She shall be his wife. . . . He may not send her away all the days of his life"—Deuteronomy 22:29.
As explained in Positive Commandment 218, one who rapes [a virgin] must marry the maiden [if she so desires]. He may never divorce her [without her consent].
Divorcing a Rape Victim
Negative Commandment 358
Translated by Berel Bell
The 358th prohibition is that a rapist is forbidden from divorcing the woman he raped.1
The source of this commandment is G‑d's statement,2 "He must then take her to be his wife, and he may not send her away as long as he lives."
This prohibition is preceded by the positive commandment,3 "He must then take her as his wife." In tractate Makkos4 it is clearly explained that this is considered a "prohibition which is preceded by a positive commandment."
It is also said there, "A rapist who divorces his wife — if he is not a Cohen, he remarries her and does not receive lashes. If he is a Cohen, he receives lashes, and he may not remarry her [since a Cohen may not marry a divorcee]."5
You should keep in mind that even a non-Cohen will receive lashes for divorcing the woman he raped, if he cannot perform the remedial positive command [of remarrying her]. This would be in a case where she died before he remarried her, or she married another man after he divorced her.6 This corresponds to our principle, "If he fulfilled [the remedial positive commandment, he does not get lashes]; if he did not fulfill" [this commandment, he would receive lashes].7
The details of this mitzvah are explained in the third and fourth chapters of Kesubos.
FOOTNOTES
1.After he marries her — see P218 above.
2.Deut. 22:29.
3.P218.
4.. 15a. See note to P218 for an explanation of this passage. It is quoted here because it uses the term, "prohibition," which indicates that it counts as one of the 365 prohibitions.
5.Since he is unable to perform the "remedial" positive commandment of remarrying her, it is not considered a lav she'nitak l'aseh. See note to P218.
6.In which case, he is forbidden from later remarrying her. See N356.
7.See Kesef Mishneh, Hilchos Sanhedrin 16:4.
________________________________________
Positive Commandment 219
The Slandering Husband
"She shall be his wife; he may not send her away all the days of his life"—Deuteronomy 22:19.
In the event that a man slanders his newly-married virgin wife, falsely accusing her of infidelity, we are commanded to follow the pertinent laws detailed in the Torah. This includes lashes for the husband, and his obligation to remain married to this wife [if she so desires].
Positive Commandment 219
Translated by Berel Bell
The 219th mitzvah is the law of a motzi shem ra [i.e. one who marries a virgin and falsely accuses her of having relations between the kidushin1 and the n'suin] — that we are commanded to give him lashes, and that he remain married to her, for he also2 is instructed,3 "He must then take her as his wife, and he may not send her away as long as he lives."
It is explained in tractate Makkos4 that this prohibition, is like that of a rapist, i.e. it is considered a "prohibition which is preceded by a positive commandment."
The details of this mitzvah are explained in the third and fourth chapters of Kesubos.
FOOTNOTES
1.. In Jewish law, there are two steps to a marriage, kiddushin and n'suin. After the first step of kidushin, they are considered husband and wife, but they may not yet live together as such until after n'suin. During Talmudic times there was a twelve-month period between the two stages, but today they are performed together. See P213.
2.. As the rapist in P218 above.
3.Deut. 22:19.
4.15a.
________________________________________
Negative Commandment 359
Divorcing the Defamation Victim
"He may not send her away as long as he lives"—Deuteronomy 22:19.
As explained in Positive Commandment 219, a husband who slanders his newly-married virgin wife, falsely accusing her of infidelity, must remain married to the wife [if she so desires]. He may never divorce her [without her consent].
Divorcing the Defamation Victim
Negative Commandment 359
Translated by Berel Bell
The 359th prohibition is that the motzi shem ra is forbidden from divorcing his wife.
The source of this commandment too1 is G‑d's statement,2 "he may not send her away as long as he lives."
This prohibition is also3 preceded by a positive command, "he must then take her as his wife."
Should he divorce his wife, the law regarding lashes is like that of the rapist,4 as explained in the last chapter of Makkos.5 The details of this mitzvah are explained there, and in the third and fourth chapters of Kesubos.
FOOTNOTES
1.. As in N358 above.
2.Deut. 22:19.
3.. As in P218 above.
4.See N358 above.
5.15a.
________________________________________
Rambam:
• 1 Chapter a Day: Gezelah va'Avedah Gezelah va'Avedah - Chapter Sixteen
Gezelah va'Avedah - Chapter Sixteen
Halacha 1
The following laws apply if a person finds needles, spits, nails or the like. If he finds them one at a time, he may keep them. If he finds them in sets of two or more, he is obligated to announce [their discovery, for the number of articles found is a mark by which they can be identified.
Halacha 2
Similarly, if one finds scattered coins, he may keep them. Even if some of the coins are lying on each other, they are considered to be scattered. If, however, one finds a collection of coins, he must announce their discovery.
For example, if he found three coins placed one on top of the other like a tower,, or there was one to the right, one to the left and one on top of both of them, or they were placed in succession, each one lying slightly on the other, so that if a sliver of wood were placed under them he would be able to pick them all up at one time, he is obligated to announce their discovery.
If they were placed in a circle, a line, like a tripod, like steps, the matter is one of doubt. Therefore, at the outset, one should not take them.
Halacha 3
If a person finds money in a wallet or an empty wallet, he is obligated to announce its discovery. If he found a wallet with money scattered before it, he may keep the money. If, however, it appears that the wallet and the money belong to the same person and that the money fell from the wallet, he must announce its discovery.
Halacha 4
The following rules apply when a person finds money in a store. If the money is found between the counter and the storekeeper, it must be given to the storekeeper. If it is found on the counter, and needless to say, if it is found on the outside of the counter, it may be kept by the finder.
Why does the store not acquire the money on behalf of its owner? Because it is not a protected courtyard. Therefore, even though the owner was present, to acquire the money, the owner would have to say: "May my store acquire it on my behalf," as will be explained.
Halacha 5
The following rules apply when a person finds money in a store of a moneychanger. If the money is found between the counter and the moneychanger, it must be given to the moneychanger.
If the money was found on the counter, even if it was wrapped in a purse and placed on the table, it may be kept by the finder, provided the majority of the clientele are gentiles, as we have explained. If, however, the majority of the clientele are Jewish, the finder must announce the discovery. Since they are wrapped in a purse, they have a mark by which they can be identified.
Halacha 6
When a person purchases produce from a colleague or a colleague sends him produce, and he finds money wrapped in a purse among the produce, he must announce the discovery. If the money is scattered, he may keep it.
When does the above apply? When one receives the produce from a merchant or from a private individual who purchased it from a merchant. If, however, a private individual threshed produce himself or had his Canaanite servants and maidservants do so, the finder is obligated to return the money to him.
Halacha 7
When a person finds a buried treasure in a mound or in an old wall, it belongs to him, for we assume that it belonged to ancient Amorites. This applies provided he finds the treasure buried very low, as would be common for ancient valuables.
If, however, it appears that the treasure was recently placed there, even if he has doubts concerning the matter, he should not touch it, for perhaps it was intentionally placed there.
Halacha 8
Since a person's domain can acquire property on his behalf without his knowledge, as will be explained, why does the owner of this courtyard not acquire the treasure buried within the old wall even if it originally belonged to the Amorites, and thus he would become its legal owner?
The rationale is that the treasure was not known about by him or by others. Thus, it was "lost to him and to all others." Therefore, it belongs to the finder.
Our Sages derived this concept as follows: With regard to a lost object, the Torah Deuteronomy 22:3 states: "That is lost by him and found." This refers to an article that the owner lost, but others can find, thus excluding an article that fell into the sea and is "lost to him and all others." Surely, this applies to an ancient treasure that the person never owned. It is certainly "lost to him and all others." Therefore, it belongs to the finder.
Halacha 9
The following laws apply if a person finds a treasure in a new wall. If the manner in which the treasure was found indicates that it belongs to the owner, it is given to the owner. If the manner in which the treasure was found indicates that it belongs to a passerby from the marketplace, it is awarded to the finder.
What is implied? For example, with regard to a knife, its handle is the determining factor. With regard to a wallet, its opening is the determining factor. If the wall was filled with such articles, they should be divided between the owner and the finder.
Halacha 10
The following rules should be adhered to if the wall contains money or pieces of gold that do not have a factor that indicates who placed them there. If they are halfway or more to the outer side of the wall, they belong to the finder. If they are halfway or more to inner side, they belong to the owner.
Halacha 11
It appears to me that the above applies only when the owner claims that the buried treasure belongs to him, or he is an heir and we claim on his behalf that perhaps it belonged to his father. If, however, he admits that this is a lost article, it belongs to the finder.
Therefore, if the person rents out his house to others, the article belongs to the last renter.
If he rented the domain to three gentiles at the same time, he is considered to have made it an inn. Therefore, anything found in the walls, or even within the house itself belongs to the finder. For no one can claim that the article belongs to him or that it was buried, because the domain has been made an inn.
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Rambam:
• 3 Chapters: Naarah Besulah Naarah Besulah - Chapter One, Naarah Besulah Naarah Besulah - Chapter Two, Naarah Besulah Naarah Besulah - Chapter Three
Naarah Besulah - Chapter One
Halacha 1
When a man seduces a virgin,1 he is fined 50 sela'im of pure silver.2 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,3, as [Deuteronomy 22:29] states: "The man who raped her must give the maiden's father 50 silver pieces."
Halacha 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 laws4 unless witnesses testify that she entered into relations with him willingly.5 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."
Halacha 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,6 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.7
If they do desire [to wed], and he marries her, he does not pay a fine.8 Instead, he writes her a ketubah, as is written for other maidens.9
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.10
Even if the girl is lame, blind, or afflicted with leprosy,11 he is forced to marry her and he may never take the initiative in divorcing her,12 as [the above verse continues]: "He may not send her away as long as he lives." This is a negative commandment.13
Halacha 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].
Halacha 5
If the girl he raped was forbidden to him,14 even if the prohibition stems from a positive commandment, or she was a sh'niyah [or forbidden by other Rabbinic prohibitions],15 he should not marry her. Similarly, if he discovers adulterous behavior16 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."
Halacha 6
When a High Priest rapes or seduces a virgin maiden, he should not marry her, because he is commanded to marry a virgin,17and at the time he marries this girl she is not a virgin.18 If he marries [this girl], he must divorce her.
Halacha 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.19
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 man20 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.21
Halacha 8
Neither a rapist nor a seducer is liable to pay the fine unless he engages in relations in the ordinary fashion,22 and the relations are observed by witnesses.23 A warning is not necessary.24
At what age is a girl fit to be paid a fine? From the age of three25 until she reaches the age of bagrut.26 If a man engages in relations with a girl less than three years old, the relations are not significant.27 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.
Halacha 9
Whether or not [a girl's] father is alive, a fine must be paid.28
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,29 an aylonit,30 a mentally incompetent girl, a deaf mute,31 a girl who was reputed to have conducted herself immodestly while young, concerning whom two witnesses testify that she sought sexual relations with them,32 a girl who was married and divorced, but is still a virgin maiden.33
When, by contrast, [a girl] is divorced after merely being consecrated,34 a fine must be paid - and she is entitled to it35 - if she is raped. If she is seduced, she is not entitled to a fine.36
Halacha 10
[The following rules apply with regard to] a convert, a girl who was taken captive, and a [Canaanite] maidservant who was freed:37 If she was converted, redeemed or freed before she reached the age of three, she is entitled to a fine.38
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.
Halacha 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.39 [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.
Halacha 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.
Halacha 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,40 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."41 Implied is that if there is a [fatal] accident, no punishment should be levied.42 [This applies] although the woman was killed unintentionally, [i.e.,] the man did not intend to strike her,43 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.
Halacha 14
This law applies with regard to every transgression that is punishable by execution by the court. There is no financial obligation.44
Halacha 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.45
FOOTNOTES
1.Between the ages of three and twelve and a half, as evident from Halachah 8. See Ramah (Even HaEzer 177:1).
2.See 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.
3.See 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.
4.As 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.
5.The 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."
6.Exodus 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.
7.The 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.
8.He does, however, pay damages, as stated in Chapter 2, Halachah 7.
9.I.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.
10.See Sefer HaMitzvot (Positive Commandment 218). See also Sefer HaChinuch (Mitzvah 557).
11.In 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.
12.If, however, the woman wants to be divorced, the rapist may divorce her [Shulchan Aruch (Even HaEzer 177:3)].
13.See Sefer HaMitzvot (Negative Commandment 358). See also Sefer HaChinuch (Mitzvah 558).
14.The Torah does not require him to marry a woman with whom there is any prohibition whatsoever.
15.For all Rabbinic prohibitions have the source in the Torah's commandment to observe the rulings of our Sages.
16.For 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.
17.See Leviticus 21:13; Hilchot Ishut 1:8.
18.Although her lack of virginity is a result of his deed, she is still forbidden to him. See Hilchot Issurei Bi'ah 17:16.
19.Chapter 18, Halachah 2.
20.At which point her husband is forbidden to remarry her, as stated in Hilchot Gerushin 11:12.
21.Although 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.
22.I.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.
23.For a person who admits his culpability in matters punishable by a fine is not liable. See Chapter 2, Halachah 12 and notes.
24.For a warning is necessary only before infliction of the punishments of execution or lashing.
25.Although 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.
26.Generally, 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.
27.For her hymen will grow back, as implied by Hilchot Ishut 3:11.
28.Since 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.
29.As 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.
30.A 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.
31.Since 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.
32.See Chapter 2, Halachah 17.
33.Even 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.
34.We do not assume that she entered into relations with her husband before the stage of nisu'in.
35.Although 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.
36.Since 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.
37.As 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.
38.Even if she engaged in relations before the age of three, her hymen will grow back, as stated in the notes on Halachah 8.
39.As 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.
40.This 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.
41.The verse speaks of the woman's miscarrying. If she herself does not die, the man who caused her to miscarry must pay her damages.
42.I.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).
43.Although 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.
44.In contrast, with regard to a transgression punishable by lashes: if it is performed unintentionally, one is still held liable for the financial repercussions.
45.Once, 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).
Naarah Besulah - Chapter Two
Halacha 1
The fine of 50 silver pieces represents merely the payment for the pleasure of sexual relations. In addition, a seducer is obligated to pay for embarrassment and damages1 in addition to the fixed amount mentioned by the Torah.
A rapist, moreover, also pays for the pain [he caused the girl]. [A seducer is not required to make this payment,] because a girl who willingly engages in relations does not [suffer] pain. A girl who is raped does, as reflected by [Deuteronomy 22:29]: "because he violated her."2
Halacha 2
Thus, a seducer makes three payments: the fine, and compensation for embarrassment and damages. A rapist makes four payments: the fine, and compensation for embarrassment, pain and damages.
Halacha 3
The fine is the same in all instances. Whether one has relations with the daughter of the High Priest, or the daughter of a convert or a bastard,3 the fine is 50 silver pieces. The amount paid for embarrassment, damages and pain is not uniform, however. Instead, the amount must be evaluated [by the court].
Halacha 4
How is this evaluation made? With regard to embarrassment, everything is dependent on the identity of the person who is embarrassed, and the identity of the person who embarrasses her. The embarrassment suffered by a girl of high repute from a family of known lineage cannot be compared to the embarrassment suffered by a poor, ignoble maiden.4 And the embarrassment suffered at the hands of an important person of great stature cannot be compared to that suffered at the hands of a base and empty fellow.5
Halacha 5
On this basis, the judges consider the stature of [the rapist or the seducer] and his victim. They evaluate how much a father and the girl's family would give to prevent [these relations] from taking place with this individual. This is the amount [the man] is obligated to pay.
Halacha 6
Damages [are evaluated] according to [the girl's] beauty. We look at her as if she were a maid-servant being sold in the marketplace: what price would she fetch as a virgin, and what price would she fetch as a non-virgin. For a man would like to buy a virgin maid-servant to give him to his servant, whose welfare and satisfaction he desires. [The rapist or the seducer] should pay the difference in the price.
The compensation for pain is evaluated based on her youth and the size of her body, and his age and the size of his body.6 We evaluate how much a father would be willing to pay so that such [a daughter] would not suffer pain from such [a man], and [the rapist is obligated to] pay [this amount].
Halacha 7
A seducer must compensate [the girl's father] for the embarrassment and damages immediately. He is not, however, required to pay the fine unless he does not marry [the girl], as [Exodus 22:16] states: "If her father refuses to allow him to marry her, then he must pay...."
A rapist, by contrast, must make all four payments and marry her immediately. Therefore, whenever the woman desires to divorce7 or when she becomes widowed, she does not receive anything.8
Halacha 8
[The following laws apply when] two men entered into relations with her, one through vaginal intercourse and one through anal intercourse. If the man who had anal intercourse with her was first, he is liable for embarrassment and for damages.9 If he was second, he is liable only for embarrassment, because she has already suffered damages.
The one who engaged in vaginal intercourse, whether first or last, is liable for the fine and all other payments. Nevertheless, the embarrassment and damages to a girl who had never engaged in relations at all cannot be compared to the embarrassment and damages to a girl who has engaged in anal intercourse.
Halacha 9
We have already mentioned10 the girls for whom a fine need not be paid: They are ten: A bogeret, a girl who dissolved her marriage via mi'un, one who was divorced, an aylonit, a mentally incompetent girl, a deaf mute, a convert, a girl who had been taken captive, a freed slave, and one who has a tarnished reputation. A fine must be paid for all other girls.
Halacha 10
Whenever a fine is required to be paid for a girl, compensation is also required for embarrassment and damages, and if she was raped she must also be compensated for the pain.
Conversely, whenever a fine is not required to be paid for her, she is not entitled to compensation for embarrassment and damages11 if she is seduced or raped. Exceptions to this are a bogeret, a girl who had dissolved her marriage via mi'un, a mentally incompetent girl and a deaf mute. [If they are seduced, no payment is required at all.]
Halacha 11
What is implied? If a man rapes a bogeret or a girl who had dissolved her marriage via mi'un, although a fine is not required to be paid, compensation is also required for embarrassment damages and pain.12 And a man who rapes a a mentally incompetent girl or a deaf mute is required to make compensation for pain.13 One who seduces any of these girls is not liable at all.14
Halacha 12
A person is not ever liable to pay a fine because of his own admission. Instead, he is made liable by the testimony of witnesses.15 Therefore, [if a man] says: "I raped or seduced the daughter of so and so," he is not liable to pay a fine. He must, however, make restitution for the embarrassment and the damages [he caused].16
Similarly, when a maiden files a legal claim against a man, saying "You raped me," or "You seduced me," and he denies the matter entirely, he is required to take a Rabbinic oath17 to support his claim, for if he admits his culpability, he would be liable for the embarrassment, the damages and the pain.18
Halacha 13
If a girl claims, "You raped me," and the man claims, "No, I seduced you," he is required to take an oath mandated by Scriptural law with regard to [the compensation for] the pain, and he must pay the damages and the embarrassment. [The oath is required] because he admitted a portion of the claim [made against him], as will be explained in [the section dealing with that subject].19
Halacha 14
The three payments made because of seduction, and the four payments made because of rape are made to the girl's father, for all the monetary benefit that accrues during a girl's youth belongs to her father.20
If her father is no longer alive [at the time of the rape or the seduction], [these payments are made] to her.21
Halacha 15
When a girl who was raped or seduced does not file a claim until [either] she reaches bagrut, she marries, or her father dies,22 she herself is entitled to the three or four payments [mentioned above].23
If she appeared in court and filed a claim for payment, and then she reached bagrut or she married, the father is entitled to the payments. If the father dies after she files a claim for payment in court, the payments belong to her brothers, for they are her father's heirs. [The rationale is that] once she files a claim for payment in court, her father is considered to have acquired the payments.
Halacha 16
When a girl was consecrated and then divorced, she is entitled to the fine, but only that.24 If she was raped or seduced, and afterwards, she becomes consecrated to another [man], her father is entitled to the fine and the damages, for consecration does not take a girl out of her father's domain [and nullify his rights over her].
Halacha 17
I maintain that [the intent of] the Torah's statement [Leviticus 19:29], "Do not defile your daughter to have her play the harlot," is that a father should not say: "Since the obligation of the Torah for a seducer or a rapist was solely that he should give the father money, I will hire my virgin daughter to someone to have relations with her for whatever price I desire, or I will allow him to have relations for her without charge. For a man has the right to forgo monetary rights to him to any person he desires." To counter such thoughts, it is written: "Do not defile your daughter."
The Torah obligates a rapist and a seducer to pay money rather than be punished by lashes when the matter happened by chance, without the knowledge of [the girl's] father, and she did not ready herself for [the relations]. For this is an extraordinary and uncommon matter.
If, however, a person leaves his virgin daughter accessible for anyone to engage in relations with her, this will cause the entire earth to be filled with sexual immorality.25 For [ultimately], a father will marry his daughter and a brother his sister, [for in a sexually permissive society] a [girl] may become pregnant and give birth without knowing who the child's father is.
When a person has his daughter act in this manner, she is considered to be a harlot, and both the man and the girl who engage in relations should be punished by lashes, as [Deuteronomy 23:18] states: "There shall not be a harlot."26
[In such an instance,] the man is not required to pay a fine, for the Torah prescribed a fine only in the instance of seduction or rape. When a girl prepares herself [for relations] either on her initiative or on that of her father, she is a harlot. And the prohibition against harlotry applies both with regard to a virgin and a non-virgin.
For this reason our Sages stated that a girl who was reputed to have conducted herself immodestly while young is not entitled to a fine, as we have explained,27 for we can assume that she willingly opened herself to this experience.
FOOTNOTES
1.As explained in the following halachot.
2.Inah, the word translated as "violated," more specifically means "oppressed." Significantly, Exodus 22:15, which describes the fine of the seducer, does not use this term.
3.The Rambam is employing the instance of the daughter of a bastard primarily as a figure of speech. The commentaries have noted that if in fact one has relations with the daughter of a bastard, in most instances the transgression of a negative commandment is involved, and the violator should be lashed rather than fined, unless a warning was not given.
4.Obviously, the penalty to be paid to the former exceeds that to be paid to the latter.
5.Rav David Arameah explains that the intent is that the embarrassment suffered at the hands of a person of stature is more significant. The commentaries note, however, that in Hilchot Chovel UMazik 3:1, the Rambam states that the embarrassment suffered at the hands of a base person is more severe.
6.The younger and smaller a girl, the more painful is the experience. Similarly, the older and larger the rapist, the more painful the experience is.
7.The Rambam mentions the divorce as being dependent on the woman, because the rapist cannot initiate divorce, as stated in Chapter 1, Halachah 3.
8.In contrast to other women, who would receive payment for their marriage contracts.
9.The girl's value is reduced even through anal intercourse, albeit less than through vaginal intercourse. As mentioned in Chapter 1, Halachah 8, a fine is not required for anal intercourse.
10.Chapter 1, Halachot 9 and 10.
11.The Tur (Even HaEzer 177) differs with the Rambam and maintains that these women are entitled to damages. The fact that they are not granted a fine has no bearing on this manner.
12.A fine is not required for a bogeret, because the verse mentions a na'arah, a younger maiden. Nevertheless, if one seduces a bogeret, no fine is required, because she willingly accepted any damages and embarrassment.
With regard to a minor who has dissolved her marriage through mi'un, we are obviously speaking of a girl who did not engage in sexual relations as a minor and was still a virgin. Although she is not entitled to a fine, since she was a virgin, she does receive damages. The commentaries have questioned the distinction between such a woman and a woman who is divorced after nisu'in, but is still a virgin.
13.He is not liable to make compensation for the embarrassment and damages because these women are not entitled to damages, because they have no financial worth; they would not be purchased if sold as slaves. (See Ketubot 32a, Bava Metzia 80a.) And with regard to embarrassment, since they are mentally incompetent, they suffer no embarrassment.
(Compare, however, to Hilchot Chovel UMazik 3:4, which states that a mentally incompetent person is not reimbursed for embarrassment, but a deaf mute is.)
14.For, as mentioned previously, a girl who is seduced does not suffer pain, and she either forgoes or need not be reimbursed for damages and embarrassment.
15.This is a principle that applies not only with regard to the fine in question, but with regard to all k'nasot levied by the Torah. To explain: There are two types of monetary penalties levied by the Torah: a) nezek, damages - i.e., compensation for personal injury and/or loss of property - and k'nas, a fine, payment required by the Torah over and above what a person would be held liable for damages.
Although a person is liable for nezek when he makes an admission of guilt, he is not held liable for a k'nas unless his guilt is established by witnesses. (See Hilchot Nizkei Mammon 2:8 and Hilchot Geneivah 3:7.) Moreover, even if he admits his guilt and then witnesses come, he is not liable for payment of the k'nas.
16.As mentioned in the Kessef Mishneh, the Rambam's statements here are in direct contradiction to his statements in Hilchot Chovel UMazik 5:6, where he states that when a person admits injuring a colleague, but there are no witnesses who testify to the matter, he is not liable for the damages and the pain, but is liable for the injured's unemployment, embarrassment and medical treatment. (As reflected by the commentaries on Hilchot Chovel UMazik, this ruling is contested by many authorities.)
The Rambam's descendant, Rav Yehoshua, attempts to reconcile the Rambam's rulings, explaining that the laws governing the injuries suffered by a raped or seduced maiden differ from those governing other types of injury.
17.More precisely, the term used is sh'vuat hesset, a Rabbinic oath of lesser severity. See Hilchot Sh'vuot 11:13 and Hilchot To'en V'Nit'an 1:3.
18.The Rambam is emphasizing that if the only issue were the k'nas, the man would not be held liable for an oath, because this oath was instituted to encourage the defendant to admit his guilt. With regard to the k'nas, this admission would be of no significance, because his liability is dependent only on the testimony of witnesses. Nevertheless, since there is also a claim for damages, and on that matter his admission would make him liable, he is required to take an oath.
19.As explained in Hilchot To'en V'Nit'an 1:1, whenever a person admits a portion of the claim against him, he is required by Scriptural law to take an oath stating his lack of liability to the remaining portion of the claim.
The Ra'avad differs with the Rambam, because, as mentioned in the following halachah, the payment for these damages goes to the girl's father and not to her herself. Hence, the situation resembles the case (Sh'vuot 38b) where a person claims "You owe my father 100 zuzim," and the defendant states, "I owe him only 50," in which instance the defendant is not required to take an oath, because the person making the claim is not the one to whom the money is paid.
It is possible, the Ra'avad continues, for the father to make a definite claim that his daughter was raped. But it must be established that this indeed was the case.
The Kessef Mishneh justifies the Rambam's ruling, explaining that this instance is unique. Although the money goes to the girl's father, she and not her father is considered to be the plaintiff.
20.When the girl manifests physical signs of maturity at the ordinary times, the period of "youth" mentioned here continues until she is twelve and a half. During that time, as mentioned in Hilchot Ishut 3:11, the father is entitled to consecrate his daughter and receive the money given for consecration, and to receive any benefits from her labor.
21.And not to any other heirs of her father's estate. With regard to the k'nas, the money is not considered to be owed the father until the defendant denies the debt in court (for if he agreed to the claim, he would not be obligated to pay the fine). Therefore, the money owed because of the fine is not considered part of the father's estate. See Or Sameach.
22.The Ra'avad differs with the Rambam on this point, stating that this money is considered part of the father's estate, and belongs to his heirs. The Kessef Mishneh and others, however, question the reason for the difference, noting that the Rambam's opinion is based on an explicit mishnah.
23.In all the instances mentioned, she leaves her father's domain and assumes independent responsibility for her own financial concerns. Although the event for which the person becomes liable took place before the girl has assumed financial independence, since a claim was not issued at that time, she and not her father (or his heirs) is entitled to the money.
Kin'at Eliyahu states that this supports the thesis of the Kessef Mishneh mentioned in the notes on Halachah 13, that the girl herself is the plaintiff.
24.But not to the payment for damages; that is awarded to her father. As mentioned in the notes on Chapter 1, Halachah 9, our Sages derived from the exegesis of Deuteronomy 22:29 that when a girl has been consecrated, she is entitled to the fine. But that applies only to the fine and not to the damages (Kessef Mishneh). Rabbenu Asher differs and maintains that she is also entitled to the damages, for she is no longer within her father's domain.
25.The Rambam is referring to the wording of the verse in Leviticus cited previously.
26.The Ra'avad differs and maintains that a woman is not considered to be a harlot unless she is a professional prostitute. See the discussion of this issue in Hilchot Ishut 1:4.
27.Chapter 1, Halachah 9.
Naarah Besulah - Chapter Three
Halacha 1
When a person issues a slanderous report concerning a Jewish maiden, and the matter is discovered to be false, he should be punished by lashing, as [Deuteronomy 22:18] states: "And he shall be flogged." The warning [for this negative commandment] is derived from [Leviticus 19:16]: "Do not go about as a slanderer among your people."1
He must also give her father 100 sela'im of pure silver.2If the girl is an orphan, the money is given to her.3
Halacha 2
When a person issues a slanderous report on a girl below majority, or on a bogeret, he is not liable for the fine or for lashes. He is not liable unless he issues a slanderous report regarding a na'arah.4 [This is derived from Deuteronomy 22:15]: "[They will] present signs of the maiden's virginity." The word נערה, "maiden" is written in a full form.5
Halacha 3
Cases pertaining to this law may be brought only in the time of the Temple, and in the presence of a court of 23 [judges], because there is the possibility that capital punishment will be involved.6 For if the accusation [brought by the husband] is discovered to be true, the girl must be executed.7
Cases involving rape or seduction, by contrast, are judged at all times in the presence of three [judges], as will be explained in Hilchot Sanhedrin.8
Halacha 4
It is one of the Torah's positive commandments for the wife of a man who issued a slanderous report about her to remain married to him forever, as [Deuteronomy 21:19] states: "She must remain his wife."9 This applies even if she is blind or a leper.
If he divorces her, he transgresses a negative commandment, as the verse continues: "He may never send her away as long as he lives."10
[If he divorces her,] we compel him to remarry her, and he is not lashed, as explained with regard to a rapist.11 If, however, another man takes the initiative and consecrates her first,12 she dies, or he is a priest, who is forbidden to marry a divorcee, he should be punished by lashes for divorcing her.
Halacha 5
If immodest behavior [on the woman's part is discovered], or it is discovered that she is forbidden to him as a result of a negative commandment, a positive commandment, or even [a Rabbinic commandment, such as the prohibition against] a sh'niyah, he should divorce her with a get.13
Why should the positive commandment [of remaining married to the woman] not supersede the negative commandment [of engaging in relations with an adulterous wife, or any other negative commandment] with regard to this man who issues a slanderous report or a rapist, and thus he should marry [or remain married to] this woman who is forbidden to him? For it is possible that she will not desire to remain married to him, and thus, both the positive and negative commandments will be observed.14
Halacha 6
What is implied by the term "issuing a slanderous report"? That a person should come to court and say: "I engaged in marital relations with this maiden,15 and I discovered that she was not a virgin. I investigated the matter and determined that she committed adultery after I had consecrated her.16 These are the witnesses in whose presence she committed adultery."17
The court then listens to the words of the witnesses and examines their testimony. If the truth of the claim is substantiated, the girl is executed by stoning.18
If the [girl's] father brings witnesses who nullify [the testimony] of the witnesses,19 and it is determined that they testified falsely, [the witnesses] should be executed by stoning,20 [the husband] should be flogged, and he should pay 100 sela'im.21
This is what is meant by [Deuteronomy 22:17]: "This is [evidence of] my daughter's virginity" - i.e., these are the witnesses who nullify [the testimony] of the husband's witnesses.
If the husband brings other witnesses who nullify [the testimony]22 of the father's witnesses, the maiden and the father's witness should be executed by stoning.23 This is what is meant by [Deuteronomy 22:20]: "If the [accusation] is true." According to the Oral Tradition, the passage speaks of witnesses who nullify the testimony of other witnesses, and a third pair who nullify the testimony of the second pair.
Halacha 7
When a man issues a slanderous report about his wife after she becomes a bogeret, he is free of liability for the lashes and for the fine, even though his witnesses testify that she committed adultery when she was a na'arah.24
If the accusations are proven true, [the girl] should be executed by stoning, even though she is a bogeret.25 [The rationale is] that she was a na'arah when she committed adultery.
Halacha 8
Whenever a na'arah is not entitled to a fine if she was raped or seduced,26 [her husband] is not punished by flogging or by a fine if he issues a slanderous report about her.
In addition, when a non-Jewish girl was converted below the age of three or a maidservant was freed below the age of three,27 [her husband] is not punished by flogging or by a fine if he issues a slanderous report about her. This applies even if a girl was conceived before her mother was converted and born after she was converted. [The rationale is based on Deuteronomy 22:19]: "Because [the husband] defamed the virtue of an Israelite maiden." [Implied is that] she must be conceived and born as an Israelite.
Halacha 9
A man is not held liable when [his] witnesses are discovered to have lied [in the following situation]. He consecrates a maiden and divorces her, consecrates her again and then issues a slanderous report about her, bringing witnesses who say that she committed adultery during the first time she had been consecrated.28
Similarly, a man is not held liable to be flogged or for a fine when [his] witnesses are discovered to have lied [in the following situation]. He issues a slanderous report about his yevamah, bringing witnesses who say that she committed adultery during the time she had been consecrated to his brother.29
Whenever a man is not liable [to be flogged and fined], he may divorce his wife if he desires to.30
Halacha 10
A man is not liable [for these penalties] unless he engages in relations with his wife in the ordinary manner and issues a slanderous report about her, saying that she engaged in relations [previously] in the ordinary manner.31
If he engaged in anal intercourse with his wife, and said that he discovered that she was not a virgin,32 he is not liable [for these penalties]. He is, however, given stripes for rebellious conduct.33
Halacha 11
Similarly, if he says, "I discovered that she was not a virgin," but does not say that she committed adultery after he had consecrated her,34 or if he claims that she committed adultery but did not bring witnesses, but rather the witnesses came on their own initiative, he is not liable [for these penalties]. Nevertheless, the witnesses are executed if their testimony is nullified.35
Halacha 12
The Torah's statement [Deuteronomy 22:17]: "They will then spread the garment" is a euphemism. The intent is that they debate the private aspects of this matter.36
Similarly, [other expressions in the passage are to be understood non-literally. [For example,] "This is [evidence of] my daughter's virginity" means "these are the witnesses who nullify the testimony of the husband's witnesses."
The death penalty issued "if the [accusation] is true" is issued only when she has committed adultery after being consecrated [and is observed by] witnesses,37 as implied by [Deuteronomy 22:21]: "acting immorally [in] her father's house."38 Before she is consecrated,39 the Torah does not hold her liable at all, and a person who engages in relations with her is liable only for a financial penalty, whether he seduced her or raped her.
FOOTNOTES
1.As is the case with regard to several other mitzvot, the passage in Deuteronomy obviously indicates that the transgression of a negative commandment is involved in making such slanderous remarks about one's wife. Otherwise, there would be no reason for the punishment of lashes to be given. There is, however, no explicit statement in that passage saying, "Do not make such statements." Therefore, it is necessary to find another verse that has a specific statement forbidding slander.
2.See Chapter 1, Halachah 1. This is the only instance in the Torah when a person who violates a prohibition is given corporal punishment and is also required to make financial restitution.
3.And not to her father's heirs.
4.As mentioned previously, the term na'arah implies a specific time frame: the six months after a girl's manifestation of physical signs of maturity once she has reached the age of twelve.
As mentioned in the notes on Chapter 1, Halachah 8, the word na'arah, "maiden" is sometimes used by the Torah to refer to girls between the ages of three and twelve and a half. In this instance, however, the meaning of the term is specific.
5.Generally, the word נערה, maiden, is written in the Torah without the final heh. The inclusion of the heh is obviously purposeful and intended to teach a concept.
The Rambam's statements have aroused the attention of the commentaries, for in our Torah scrolls the word נערה in the verse cited by the Rambam lacks a heh. The Kessef Mishneh (based on Ketubot 40b and Rashi, 44b) notes that the Talmud derives this concept from Deuteronomy 22:19: "And he shall give it to the father of the maiden." In that verse, the word נערה is written with a heh in our Torah scrolls.
6.Cases involving capital punishment are judged by a court of 23 judges. These cases can by judged only when the Sanhedrin holds sessions in the Courtyard of Hewn Stone next to the Temple, as stated in Hilchot Sanhedrin 14:11-14. (Once the Sanhedrin ceased holding sessions in that place, even a court of judges with semichah cannot try capital cases.)
7.As stated in Deuteronomy 22:20.
8.Chapter 5, Halachah 5:3. Based on Hilchot Sanhedrin 5:17 and the Shulchan Aruch (Even HaEzer 177:2), it would appear that in the present age, the court should hold a person who makes such statements responsible and compel him to reach a settlement with the father of the girl whose reputation he maligned.
9.Sefer HaMitzvot (Positive Commandment 219) and Sefer HaChinuch (Mitzvah 553) regard this as one of the 613 mitzvot of the Torah. Sefer HaMitzvot states that this commandment also includes flogging him.
10.Sefer HaMitzvot (Negative Commandment 359) and Sefer HaChinuch (Mitzvah 554) regard this as one of the 613 mitzvot of the Torah.
11.Chapter 1, Halachah 7.
12.In which instance, her first husband is forbidden to remarry her.
13.See Chapter 1, Halachah 5, and notes.
14.Ketubot 40a explains that in such an instance the woman is taught to say that she does not desire to remain married to the man, so that there is no obstacle presented to the divorce.
15.There is a difference of opinion among our Sages whether or not all the following laws apply if the husband did not engage in marital relations with his wife. The Rambam follows the opinion that it is necessary for the couple to have engaged in marital relations. See the gloss of the Kessef Mishneh on Halachah 12.
16.I.e., the husband's claim is twofold: a) that contrary to his supposition, his bride was not a virgin; b) that she had committed adultery between the time he consecrated her, and the time he consummated the marriage. The latter dimension of the claim is more significant, because if substantiated, it involves the death penalty. The issue of a groom's claim that a bride presumed to be a virgin was not - without any knowledge of an adulterous relationship - is discussed in Hilchot Ishut 11:8-17. See Halachah 11.
17.For no punishment will be administered by the court unless two witnesses testify to the wrongdoing.
18.The punishment given for adultery committed by a consecrated maiden (Deuteronomy 22:23).
19.The term used for nullify here, hazamah, has a very specific meaning. It refers to witnesses who testify that it was impossible for the husband's witnesses to testify with regard to the alleged adultery, because the two witnesses were together in a different place at the time the first witnesses testified that the adultery took place. If the second pair of witnesses state that they were in the same place as the first pair and did not witness the commission of adultery, the testimony of the first pair is nullified, but the first pair of witnesses is not punished. This is referred to as hakashah. See Hilchot Edut, Chapter 18.
20.As stated in Deuteronomy 19:19, when the testimony of witnesses is nullified in the above fashion, the lying witnesses are giving the punishment they desired to have imposed upon the defendant.
21.Note the Minchat Chinuch (Mitzvah 553), who quotes opinions that maintain that if the girl's father brings witnesses who nullify the husband's witnesses through hakashah, the husband's witnesses are not punished, but the husband himself is required to pay the fine.
22.Here again the intent is hazamah.
23.Moreover, the witnesses must pay a fine of 100 sela'im to the husband.
24.The husband incurs these penalties at the time he makes his statements in court. At that time, the woman has already become a bogeret.
25.Generally, when a bogeret commits adultery she is executed by strangulation, a less severe means of execution. In this case, the woman is still given the penalty designated for a na'arah, as the Rambam explains.
26.See Chapter 1, Halachah 9.
The rationale for this ruling can be explained as follows: Most of the women mentioned in that halachah are not granted a fine, because we assume that they are non-virgins. For this reason, the husband should not have presumed that she was a virgin.
With regard to an aylonit, she is never considered to be a na'arah. Until the age of twenty, she is considered to be a k'tanah, and after twenty, she is considered to be a bogeret.
27.In which case, she is entitled to a fine in the event of seduction or rape.
28.Ketubot 46a leaves this issue unresolved. As such, we follow the more lenient ruling and free the man of punishment.
29.Ketubot, loc. cit., explains that relations with a yevamah are excluded from these laws, because the relevant passage quotes the girl's father as saying (Deuteronomy 22:16): "I gave my daughter to this man as a wife." This does not apply to the relationship between a yavam and a yevamah, for they are destined for each other by Divine decree.
30.The Mishneh LaMelech states that this statement applies with regard to the relationship between a yavam and a yevamah and similar instances, but does not apply with regard to the first law stated in this halachah. In that instance, the husband is not held liable because we are in doubt with regard to the law. For that same reason, he should be enjoined against divorcing his wife.
31.I.e., if he issues a slanderous report that she had engaged in anal intercourse previously, he is not held liable (Ketubot 46a,b).
32.I.e., he claims that witnesses supplied him with this information.
33.Although the Scriptural penalty is not imposed, our Sages required that he receive punishment for slandering his wife.
34.See Hilchot Ishut 11:8-17.
35.For they desired to have someone stoned, and thus should receive the appropriate penalty.
36.The Kessef Mishneh notes that this is a matter of debate in Ketubot 46a. Although the Sages advance the opinion quoted by the Rambam, Rabbi Eliezer ben Ya'akov states that the intent is that the girl's parents produce the sheet on which the couple engaged in relations. Since the Rambam follows Rabbi Eliezer ben Ya'akov's opinion as reflected in Halachah 8, it is difficult to understand why he uses the Sages' explanation in this halachah. The commentaries explain that the two opinions in the Talmud are not mutually exclusive, and Rabbi Eliezer ben Ya'akov would also accept the Sages' view.
Note also the gloss of Rav David Arameah, who states that when a husband brings witnesses who testify that the girl committed adultery, it is not sufficient for the parents to bring a blood-stained garment, for we fear that perhaps the blood came from another source. The testimony of witnesses, he explains, can be nullified only by other witnesses.
37.More particulars about the execution are mentioned in Hilchot Issurei Bi'ah 3:8.
38.It is when she is consecrated, but not married, that there is the possibility that she will "act immorally in her father's house," for that is where she lives.
39.Even if engaged.
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Hayom Yom:
• Friday, Nissan 4, 5774 • 04 April 2014
"Today's Day"
Friday, Nissan 4, 5703
Torah lessons: Chumash: Tazria, Shishi with Rashi.
Tehillim: 23-28.
Tanya: However, when a (p. 195)...discussed in the Zohar (p. 197).
The avoda of laymen has two categories:
1) Avoda with self: When actually at work, in a free moment in his store, for example, he should study a Mishna or two, or a chapter of Tanya. He should commit some Torah to memory - for example, Chumash, Mishna, Tehillim, Tanya, so that he will be able to review these while in the marketplace, the street or wherever.
2) Avoda with another: When discussing business, he should turn the conversation towards introducing a story with content, and seek some reason or opportunity to stimulate the other to study Torah, or to do similar activities.
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Daily Thought:The Night Will Shine
There will come a time when the wolf will lie with the lamb, when the night will shine, when those who have died shall live.
But the wolf will be a wolf, the night will still be night, and the experience of death shall remain the opposite of life.
For all these G‑d made for His glory.
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