When a man forces himself upon an unbetrothed young woman, a complex system of penalties is triggered to address both the financial and social devastation he has caused. Because he forcibly took her virginity, acting as though they were intimate partners, the law demands that he pay the standard bride price, marry her, and forfeit the right to ever divorce her.
The obligation to pay the fine applies immediately. Unlike cases of consensual seduction, where a financial penalty is only exacted if the man does not marry the young woman, the financial liability for rape remains absolute even if a marriage takes place. This is because the act involves profound suffering and torment that marriage alone cannot rectify, whereas a consensual encounter can be resolved through marriage [תורה תמימה]. The payment is a permanent and unconditional duty [הכתב והקבלה]. The perpetrator must be an adult to be held liable, as a minor is exempt [תורה תמימה]. Furthermore, the penalty is exacted for every individual act of violation, regardless of whether the act was partial or unnatural [צפנת פענח].
The penalty of fifty pieces of silver represents the standard, accepted bride price for a virgin, weighed in pure, holy currency [ביאור יש״ר, ביאור שטיינזלץ, תורה תמימה]. This payment is typically given to the young woman's father. However, the law distinguishes based on her age and status: it applies to a young girl but not to a fully grown adult woman. If the young woman passes away before the case is brought to judgment, the father is not entitled to the payment. Conversely, if she is an orphan or was previously betrothed and divorced, the compensation belongs entirely to her and is placed directly into her hands [תורה תמימה, מלבי״ם, רלב״ג]. The primary approach among commentators is that these fifty pieces of silver compensate solely for the physical act and the pleasure derived by the attacker. Beyond this fixed sum, the perpetrator is obligated to pay additional compensation for the profound shame, the physical blemish, and the emotional trauma inflicted upon the young woman [הכתב והקבלה, תורה תמימה, בכור שור, רלב״ג].
Because the attacker sought to exploit the young woman for his own gratification without the responsibility of marriage, the law directly counters his intentions by forcing him into a lifelong commitment [רלב״ג]. He is compelled to marry her even if she suffers from severe physical afflictions, such as blindness or painful ailments. He must bear the full consequences of his actions, even if it means living with a spouse he now finds undesirable [תורה תמימה, חזקוני]. However, this forced arrangement is subject to strict conditions. The marriage can only take place with the young woman's complete consent, and she must be legally permitted to him. If she is a forbidden relative, marriage is prohibited, though he remains fully obligated to pay the financial penalties [תורה תמימה, רלב״ג].
Once married, the attacker permanently loses the right to divorce her against her will. If he violates this prohibition and divorces her, he is legally compelled to take her back [רלב״ג, ביאור שטיינזלץ, תורה תמימה]. This lifelong restriction on divorce applies exclusively to the perpetrator. If he dies childless and his widow enters into a levirate marriage with his brother, the brother is not bound by this prohibition and retains the right to divorce her [מלבי״ם].