דברים, פרק כ״ב, פסוק כ״ח

The laws of human relationships address severe violations of personal safety, particularly the assault of a young, unmarried woman. Following a sequence of laws regarding young women [חזקוני], a unique penal system is established that carefully distinguishes between violent coercion and willing seduction.

A clear contrast is drawn between this situation and a case of seduction mentioned elsewhere in the Torah. A seducer achieves his goals through gifts or false promises of marriage, which primarily offends the father's expectations. In contrast, an attacker acts out of wickedness, pride, and violence, trampling on the dignity and will of both the young woman and her father [מלבי״ם, אברבנאל]. The punishment is therefore tailored to fit the crime perfectly. Since the attacker did not offer gifts, he must pay a fixed penalty of fifty silver pieces to the father. Because he never offered a promise of marriage, he is forced to marry his victim and is permanently stripped of the right to ever divorce her [אברבנאל, מלבי״ם, רש״ר הירש].

The exact details of the situation determine how the law is applied. The ruling specifically concerns a young woman rather than a mature adult. The financial penalty is paid to the father because his monetary authority over his daughter exists only during her youth. A mature woman who is no longer under her father's authority receives compensation for her pain and shame directly, but the specific fixed penalty does not apply to her [תורה תמימה]. Additionally, she must be an actual virgin, excluding someone who lost her virginity through an accident [צפנת פענח], and the penalty is only enforced when the act occurs in a typical physical manner [רלב״ג]. Furthermore, the law applies only to a woman who has never been engaged. If she had been previously engaged and then divorced, the penalty would be paid directly to her rather than her father [הכתב והקבלה, תורה תמימה]. Her unengaged status also reinforces that she was entirely forced and did not participate willingly [אבן עזרא].

The event is strictly defined by the use of physical force [ביאור יש״ר, ביאור שטיינזלץ]. Even if the assault began with violence but the young woman eventually gave in, the attacker remains liable for the full penalty of a forced act because the encounter started with coercion [העמק דבר]. Finally, the enforcement of this penalty requires clear witness testimony. Unlike an assault that happens in an isolated area where coercion is automatically assumed, this situation demands witnesses to prove that the act was forced from the very beginning [העמק דבר, רלב״ג]. Moreover, while compensation for physical damage and emotional shame takes effect immediately, the specific fixed penalty is only triggered when witnesses testify in court. If the attacker confesses on his own without witnesses, he is exempt from paying this fixed fine [צפנת פענח].