דברים, פרק כ״ב, פסוק ט״ז

פרשת כי תצא

Deuteronomy 22:16Sefaria

וְאָמַ֛ר אֲבִ֥י הַֽנַּעֲרָ֖ אֶל־הַזְּקֵנִ֑ים אֶת־בִּתִּ֗י נָתַ֜תִּי לָאִ֥ישׁ הַזֶּ֛ה לְאִשָּׁ֖ה וַיִּשְׂנָאֶֽהָ׃

A dramatic court scene unfolds as a new husband brings a severe moral accusation against his young bride, prompting her family to step forward and defend her honor. The fact that the father speaks on her behalf raises a natural question, as the young woman is the defendant and would normally argue her own case, especially since her mother is also present [שפתי חכמים, מזרחי]. The primary approach among commentators is that this teaches a legal principle regarding court conduct. A wife is not permitted to speak in court in the presence of her husband. Because she is expected to respect his authority, a direct confrontation between them in a legal setting is considered inappropriate [רש"י, תורה תמימה, צפנת פענח, ביאור יש"ר]. Other scholars, however, focus on the human and emotional elements of the trial. They suggest that the young woman's shame is simply too overwhelming for her to speak. The Torah acts as an advocate for the family, instructing the father to argue in her place to spare her from further public embarrassment [רלב"ג, בכור שור]. As for the mother, her presence is required solely to present the physical evidence, since women are most familiar with such matters, but she does not participate in the legal arguments [מלבי"ם].

The father's declaration that he gave his daughter in marriage establishes his exclusive legal authority. It highlights the rule that only the father, and not the mother, has the power to accept a betrothal and marry off a daughter while she is still a minor [תורה תמימה, מלבי"ם]. Furthermore, this statement grants the father a unique level of legal credibility. If he were to declare that he had betrothed his daughter to an unidentified person, his word is fully trusted to forbid her from marrying anyone else [תורה תמימה].

Addressing the husband specifically introduces additional legal concepts. The shift from speaking about a man in general to pointing out a specific individual serves as the foundation for the legal rule that the same authority which creates a restriction has the power to remove it. By initially giving her to a man, the father restricted her from the rest of the world, but by specifying the individual, he permitted her to the specific person standing before him. Additionally, highlighting the specific man excludes cases of Levirate marriage. The father gave his daughter willingly to a chosen person, whereas a Levirate marriage is a mandate imposed from heaven without personal choice. Consequently, the severe penalties for defaming a wife do not apply to a brother-in-law who slanders his brother's widow [תורה תמימה].

Ultimately, the underlying cause of the entire ordeal is exposed. It becomes clear that the husband's actions and accusations were never driven by a pursuit of justice or a desire to uncover the truth. Instead, the entire trial is the result of his deep-seated hatred for his wife [ביאור יש"ר].

נעזרתם בפירוש שלנו ומצאתם בו ערך?

עזרו לנו להגדיל תורה ולהאדירה. תחזוקת האתר והשבחת התוכן כרוכות בהוצאות מרובות. תרומה קטנה שלכם תסייע לנו להחזיק את הפלטפורמה ותהפוך אתכם לשותפים מלאים בהנגשת חוכמת המקרא.

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