Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

Misva #61: The commandment on the court to judge the case of a seducer

Misva #61: The commandment on the court to judge the case of a seducer

FromSefer Hachinuch


Misva #61: The commandment on the court to judge the case of a seducer

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Oct 28, 2021
Format:
Podcast episode

Description

The Sefer Ha’hinuch lists as the 61 st Biblical command the obligation upon Bet Din to adjudicate cases involving a “Mefateh” – a man who verbally lures a young girl, from the age of 3 to 12.5, to engage in intimacy. The Torah establishes the law relevant to such a case in Parashat Mishpatim (22:15), stating that the man must marry the girl, if she and her father wish, or else to pay her the sum of 50 coins. This sum is paid if any of the three parties involved – the man, the girl or her father – does not consent to the marriage. The Sefer Ha’hinuch clarifies that in addition to this payment, the man must also pay the girl and her father “Pegam” – compensation for the girl’s diminished desirability as a mate – and “Boshet” – compensation for the embarrassment she suffered. Certainly, the Sefer Ha’hinuch writes, the honor of a Jewish girl is worth far more than 50 coins; this payment is made in addition to the “Pegam” and “Boshet” which the victim suffered as a result of the crime committed by the “Mefateh.” In cases where the marriage is Halachically forbidden, then Bet Din will, of course, force the “Mefateh” to make the payment instead of marrying the girl. For example, if this crime was committed by a Kohen Gadol, who may not marry a woman unless she is a Betula (had never previously engaged in intimacy), he cannot marry the girl, and so he must make this payment. The commentators offer different theories to explain why the Torah requires the “Mefateh” to marry the girl. The Hizkuni (Rav Hizkiya Ben Manoah, 1250-1310) writes that unlike in the case of “Oness,” where a man forcibly violates a girl, a “Mefuta” (seduced girl) is violated through lures and deception. She is not only violated, but also made to appear foolish, gullible and weak. When she later marries, the husband will learn of what happened, and might likely look down on her for having fallen prey to a seduction attempt. This is not the case when a girl was forcibly violated, because she was simply overpowered by physical force. Therefore, in the case of a “Mefuta,” the Torah requires the man to marry the girl so she would not have to live with a man who would be unimpressed by her having been previously lured to commit an act she did not really want to commit. The Abarbanel (Spain-Portugal, 1437-1508) explains differently, suggesting that a common tactic of seducers would be to target a girl from a lower socioeconomic group, and make an insincere promise to marry her after she commits the act. He would then abandon her. The Torah therefore demands that a “Mefateh” marry the girl in fulfillment of the promise he made. Although he might consider it beneath his dignity to marry a girl from a lower socioeconomic background, nevertheless, since he had made this promise, the Torah demands that he follow through rather than simply abandon the girl.
Released:
Oct 28, 2021
Format:
Podcast episode

Titles in the series (100)

Sefer Hachinuch Daily - delivered directly to your computer and/or mobile device