The commandment on the rapist to marry the one he has raped: That we have been commanded that one who rapes a virgin maiden must marry her as a wife and that he must give to her father fifty silver [shekel-coins], as it states (Deuteronomy 22:29), “And the man who lays with her shall pay the maiden’s father fifty [coins of] silver.”
It is from the roots of this commandment [that it is] in order to restrain the villains from this evil deed, and that the daughters of Israel should not be as if abandoned. Since if the rapist thinks he can fill his desire with her and [just] walk away, it will be light in his eyes to do so many times. But if he has in mind that she will be tied to him and he will be [held] responsible for the obligation of [her] sustenance, clothing and appointed times, all of his days; and that even if he gets sick of her, he will never have the option of divorcing her; and that he will have to give to her father fifty silver [shekel-coins] immediately — he will truly suppress his [evil] impulse and prevent himself from doing this villainy that comes with such a penalty. And there is also in this a little comfort for this poor embarrassed woman in that she will stay with him forever, lest another man would embarrass her with this evil thing that happened to her. “And the ordinances of the Lord are straight, they rejoice the heart.”
From the laws of the commandment, Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 1:3, 5) [that] any woman that had sexual relations in the field is assumed to have been raped; and any woman that had sexual relations in the city is assumed to have been seduced, until witnesses testify that she was raped. And the Sages said (Ketuvot 39b) that if a raped woman does not want — or her father does not want [for her] — to marry him, we do not force her [to do so]. But if [the rapist] does not want, we force him [to marry her] — even if she is lame or blind or has tsaraat (a skin disease) — and he may not put her out (divorce her) ever. And this [woman] does not have a wedding contract (ketuvah). As what is the reason that the Sages established the marriage contract? It was in order that it not be light in the eyes of the husband to divorce her — and he cannot divorce this one. If the woman raped was forbidden to him [to marry] — even if it is from a positive obligation, and even if it is a secondary prohibition, behold this one does not marry her. And so [too,] if he finds something lewd about her after he brings her in, he should [divorce] her, as it is stated, “and she shall be a wife to him” — a wife that is fitting for him.
And Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 1:8) that a rapist or seducer is only obligated in [paying] the fine if he has sexual relations with her according to her [customary] way and with witnesses, but [that] he does not need a warning. And in the fourth chapter of Ketuvot 46b it appears to be the opposite, that in the entire Torah (including rape) there is no difference whether it is according to her [customary] way or not according to her way regarding lashes and [other] punishments, except for only the one who puts out a bad name. And there is no obligation for the fine until she is a full three years old; but from three full years to when she matures, there is a fine for her. And she is called an adult (mature woman) after six months from [when] the lower sign appears, which is two [pubic] hairs, and during those six months, she is called a maiden. (See Mishneh Torah, Marriage 2:2.) And this is what they, of blessed memory, said (Ketuvot 39a), “The difference between maidenhood and maturity is only six months.” And after she matures (see Mishneh Torah, Virgin Maiden 1:8), there is no fine for her, as it states, “a virgin maiden” — and the explanation that came for it is (Ketuvot 38a), “a virgin” and not one who has had sexual relations; “maiden,” and not an adult, or a child bride (memaenet) or a barren woman (aylonit). And the matter of the signs of an aylonit are known. And anyone who has not seen the lower sign and is thirty-five years old and a day — even though she does not have the signs of an aylonit — is assumed to be an aylonit. And whether she has a father or she does not have a father, there is a fine for her. And the Sages enumerated ten women that do not have a fine (see Mishneh Torah, Virgin Maiden 3:9-10), and these are them: an adult; a child bride; a divorcee; an aylonit; an unfaithful woman (sotah); a deaf woman; a convert; a prisoner; a freed slave; and one about whom a bad name has been put out. And all other girls have a fine for them. And anyone that has a fine, has [payment for] embarrassment and damage [in the case when] she is seduced. But if she is raped — even if she doesn’t have a fine — she has [payment for] embarrassment, as it is not [any] less than one who injures his fellow [and] who is obligated [to pay] for five things (one of them being embarrassment). And Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 2:10) that even [in the case of] someone raped, anyone who does not have a fine does not have [payment for] embarrassment, and I wonder [how he could write that]. And the money for these things is the father’s — as the Torah appropriated the profit of youth to the father; and if she has no father, it is for herself. And the rest of the details are in Ketuvot in the third and fourth chapter.
And this commandment is practiced with regard to forcing payment of the fine by males during the time of the Temple, when there is the power in our hands to adjudicate the laws of fines; but with regard to the rapist marrying her, even in our times it is a commandment upon him — as the marriage is a commandment and not a fine.
מִצְוָה עַל הָאוֹנֵס שֶׁיִּשָּׂא אֲנוּסָתוֹ – שֶׁנִּצְטַוָּה הָאוֹנֵס נַעֲרָה בְּתוּלָה שֶׁיִּשָּׂא אוֹתָהּ לְאִשָּׁה וְשֶׁיִּתֵּן לְאָבִיהָ חֲמִשִּׁים כֶּסֶף, שֶׁנֶּאֱמַר (דברים כב כט) וְנָתַן הָאִישׁ הַשֹּׁכֵב עִמָּהּ לַאֲבִי הַנַּעֲרָה חֲמִשִּׁים כָּסֶף.
The commandment on the rapist to marry the one he has raped: That we have been commanded that one who rapes a virgin maiden must marry her as a wife and that he must give to her father fifty silver [shekel-coins], as it states (Deuteronomy 22:29), “And the man who lays with her shall pay the maiden’s father fifty [coins of] silver.”
מִשָּׁרְשֵׁי הַמִּצְוָה. כְּדֵי לְיַסֵּר הַנְּבָלִים מִן הַמַּעֲשֶׂה הָרַע הַזֶּה וְשֶׁלֹּא יִהְיוּ בְּנוֹת יִשְׂרָאֵל כְּהֶפְקֵר, שֶׁאִם יַחְשֹׁב הָאוֹנֵס לְמַלֹּאת נַפְשׁוֹ בָּהּ וְיֵלֵךְ לוֹ, יֵקַל בְּעֵינָיו לַעֲשׂוֹת כֵּן פְּעָמִים הַרְבֵּה, אֲבָל אִם בְּדַעְתּוֹ שֶׁתִּהְיֶה קְשׁוּרָה עִמּוֹ וּמֻטֶּלֶת עָלָיו כָּל יָמָיו לְחִיּוּב שְׁאֵר כְּסוּת וְעוֹנָה, וַאֲפִלּוּ אִם יָקוֹץ בָּהּ לֹא יִהְיֶה לוֹ רְשׁוּת לְגָרְשָׁהּ לְעוֹלָם, וְשֶׁיִּתְחַיֵּב לִתֵּן לְאָבִיהָ חֲמִשִּׁים כֶּסֶף, מִיָּד בֶּאֱמֶת יִכְבֹּשׁ יִצְרוֹ וְיִמָּנַע מֵעֲשׂוֹת הַנְּבָלָה עִם הַקְּנָס הַזֶּה. וְגַם יֵשׁ בָּזֶה קְצָת תַּנְחוּמִין עַל הָעֲנִיָּה הַמְּבֻיֶּשֶׁת שֶׁתִּשָּׁאֵר עִמּוֹ לְעוֹלָם, פֶּן יְבַיְּשֶׁנָּה אִישׁ אַחֵר בַּדָּבָר הָרַע שֶׁאֵרַע לָהּ, וּפִקּוּדֵי יְיָ יְשָׁרִים מְשַׂמְּחֵי לֵב (תהלים יט, ט).
It is from the roots of this commandment [that it is] in order to restrain the villains from this evil deed, and that the daughters of Israel should not be as if abandoned. Since if the rapist thinks he can fill his desire with her and [just] walk away, it will be light in his eyes to do so many times. But if he has in mind that she will be tied to him and he will be [held] responsible for the obligation of [her] sustenance, clothing and appointed times, all of his days; and that even if he gets sick of her, he will never have the option of divorcing her; and that he will have to give to her father fifty silver [shekel-coins] immediately — he will truly suppress his [evil] impulse and prevent himself from doing this villainy that comes with such a penalty. And there is also in this a little comfort for this poor embarrassed woman in that she will stay with him forever, lest another man would embarrass her with this evil thing that happened to her. “And the ordinances of the Lord are straight, they rejoice the heart.”
מִדִּינֵי הַמִּצְוָה. כָּתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (נערה בתולה א, ג ה) כָּל הַנִּבְעֶלֶת בַּשָּׂדֶה בְּחֶזְקַת אֲנוּסָה, וְכָל הַנִּבְעֶלֶת בָּעִיר בְּחֶזְקַת פִּתּוּי, עַד שֶׁיָּעִידוּ עֵדִים שֶׁהִיא אֲנוּסָה. וְאָמְרוּ חֲכָמִים (כתובות לט, ב), שֶׁהָאֲנוּסָה שֶׁלֹּא רָצְתָה הִיא אוֹ אָבִיהָ שֶׁתִּנָּשֵׂא לוֹ אֵין כּוֹפִין אוֹתָהּ, אֲבָל לֹא רָצָה הוּא כּוֹפִין אוֹתוֹ, וַאֲפִלּוּ הִיא חִגֶּרֶת אוֹ סוּמָא וּמְצֹרַעַת, וְאֵינוֹ מוֹצִיאָה לְעוֹלָם. וְלָזוֹ אֵין לָהּ כְּתֻבָּה, דְּמָה טַעַם תִּקְּנוּ חֲכָמִים כְּתֻבָּה, כְּדֵי שֶׁלֹּא תְּהֵא הָאִשָּׁה קַלָּה בְּעֵינֵי בַּעְלָהּ לְגָרְשָׁהּ, וְזוֹ אֵינוֹ יָכוֹל לְגָרְשָׁהּ. הָיְתָה הָאֲנוּסָה אֲסוּרָה עָלָיו, וַאֲפִלּוּ מֵחִיּוּב עֲשֵׂה, וַאֲפִלּוּ שְׁנִיָּה הֲרֵי זוֹ לֹא יִשָּׂאֶנָּה, וְכֵן אִם נִמְצָא בָּהּ דְּבַר זִמָּה אַחַר שֶׁכְּנָסָהּ יְגָרְשֶׁנָּה, שֶׁנֶּאֱמַר וְלוֹ תִהְיֶה לְאִשָּׁה, אִשָּׁה הָרְאוּיָה לוֹ.
From the laws of the commandment, Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 1:3, 5) [that] any woman that had sexual relations in the field is assumed to have been raped; and any woman that had sexual relations in the city is assumed to have been seduced, until witnesses testify that she was raped. And the Sages said (Ketuvot 39b) that if a raped woman does not want — or her father does not want [for her] — to marry him, we do not force her [to do so]. But if [the rapist] does not want, we force him [to marry her] — even if she is lame or blind or has tsaraat (a skin disease) — and he may not put her out (divorce her) ever. And this [woman] does not have a wedding contract (ketuvah). As what is the reason that the Sages established the marriage contract? It was in order that it not be light in the eyes of the husband to divorce her — and he cannot divorce this one. If the woman raped was forbidden to him [to marry] — even if it is from a positive obligation, and even if it is a secondary prohibition, behold this one does not marry her. And so [too,] if he finds something lewd about her after he brings her in, he should [divorce] her, as it is stated, “and she shall be a wife to him” — a wife that is fitting for him.
וְכָתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (שם ה"ח) שֶׁאֵין הָאוֹנֵס אוֹ הַמְּפַתֶּה חַיָּב בִּקְנָס, עַד שֶׁיָּבוֹא עָלֶיהָ כְּדַרְכָּהּ וּבְעֵדִים, וְאֵינוֹ צָרִיךְ הַתְרָאָה. וּבִכְתֻבּוֹת פֶּרֶק רְבִיעִי (מו, ב) נִרְאֶה הֶפֶךְ, דִּבְכָל הַתּוֹרָה כֻּלָּהּ, אֵין חִלּוּק בֵּין כְּדַרְכָּהּ לְשֶׁלֹּא כְּדַרְכָּהּ לְמַכּוֹת וְלָעֳנָשִׁין אֶלָּא בְּמוֹצִיא שֵׁם רַע בִּלְבַד. וְאֵין בָּהּ חִיּוּב קְנָס עַד שֶׁתְּהֵא בַּת שָׁלֹשׁ שָׁנִים גְּמוּרוֹת, וּמִשָּׁלֹשׁ שָׁנִים גְּמוּרוֹת עַד שֶׁתִּבְגֹּר יֵשׁ לָהּ קְנָס. וּבוֹגֶרֶת (רמב"ם אישות פ"ב ה"ב) נִקְרֵאת אַחַר שִׁשָּׁה חֳדָשִׁים מִשֶּׁנִּרְאָה בָּהּ סִימָן הַתַּחְתּוֹן, שֶׁהֵן שְׁתֵּי שְׂעָרוֹת, וּבְשִׁשָּׁה חֳדָשִׁים אֵלּוּ נִקְרֵאת נַעֲרָה, וְזֶהוּ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם לט, א) אֵין בֵּין נַעֲרוּת לְבַגְרוּת אֶלָּא שִׁשָּׁה חֳדָשִׁים בִּלְבַד. וְאַחַר שֶׁבָּגְרָה (רמב"ם נערה בתולה פ"א ה"ח), אֵין לָהּ קְנָס, שֶׁנֶּאֱמַר נַעֲרָה בְּתוּלָה, וּבָא עָלָיו הַפֵּרוּשׁ (שם לח א) בְּתוּלָה וְלֹא בְּעוּלָה, נַעֲרָה וְלֹא בּוֹגֶרֶת. וּמְמָאֶנֶת וְאַיְלוֹנִית. וְעִנְיַן סִימָנֵי הָאַיְלוֹנִית, יָדוּעַ. וְכָל שֶׁלֹּא נִרְאָה בָּהּ סִימָן הַתַּחְתּוֹן וְהִיא בַּת שְׁלֹשִׁים וְחָמֵשׁ שָׁנִים וְיוֹם אֶחָד, אַף עַל פִּי שֶׁאֵין לָהּ סִימָנֵי אַיְלוֹנִית, בְּחֶזְקַת אַיְלוֹנִית הִיא. וּבֵין שֶׁיֵּשׁ לָהּ אָב אוֹ שֶׁאֵין לָהּ אָב יֵשׁ לָהּ קְנָס. וְעֶשֶׂר נָשִׁים מָנוּ חֲכָמִים, שֶׁאֵין לָהֶן קְנָס (רמב"ם נערה בתולה פ"ג הל' ט י), וְאֵלּוּ הֵן, בּוֹגֶרֶת, מְמָאֶנֶת, מְגֹרֶשֶׁת, אַיְלוֹנִית, שׁוֹטָה, חֵרֶשֶׁת, גִּיֹּרֶת, שְׁבוּיָה, מְשֻׁחְרֶרֶת, וְהַיּוֹצֵא עָלֶיהָ שֵׁם רַע, וּשְׁאָר הַבָּנוֹת יֵשׁ לָהֶן קְנָס. וְכָל שֶׁיֵּשׁ לָהּ קְנָס יֵשׁ לָהּ בֹּשֶׁת וּפְגָם אִם נִתְפַּתְּתָה, אֲבָל אִם נֶאֶנְסָה, אַף עַל פִּי שֶׁאֵין לָהּ קְנָס יֵשׁ לָהּ בֹּשֶׁת, דְּלָא גָּרְעָה מֵחוֹבֵל בַּחֲבֵרוֹ, שֶׁחַיָּב עָלָיו בַּחֲמִשָּׁה דְּבָרִים. וְהָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (שם פ"ב ה"י) כָּתַב, דַּאֲפִילּוּ בַּאֲנוּסָה כָּל שֶׁאֵין לָהּ קְנָס אֵין לָהּ בֹּשֶׁת, וְתָמֵהַּ אֲנִי עָלָיו. וּדְמֵי דְּבָרִים אֵלּוּ הֵן שֶׁל אָב, שֶׁהַתּוֹרָה זִכְּתָה שֶׁבַח נְעוּרִים לָאָב, וְאִם אֵין לָהּ אָב, לְעַצְמָהּ. וְיֶתֶר פְּרָטֵי הַמִּצְוָה בִּכְתֻבּוֹת בְּפֶרֶק שְׁלִישִׁי וּרְבִיעִי.
And Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 1:8) that a rapist or seducer is only obligated in [paying] the fine if he has sexual relations with her according to her [customary] way and with witnesses, but [that] he does not need a warning. And in the fourth chapter of Ketuvot 46b it appears to be the opposite, that in the entire Torah (including rape) there is no difference whether it is according to her [customary] way or not according to her way regarding lashes and [other] punishments, except for only the one who puts out a bad name. And there is no obligation for the fine until she is a full three years old; but from three full years to when she matures, there is a fine for her. And she is called an adult (mature woman) after six months from [when] the lower sign appears, which is two [pubic] hairs, and during those six months, she is called a maiden. (See Mishneh Torah, Marriage 2:2.) And this is what they, of blessed memory, said (Ketuvot 39a), “The difference between maidenhood and maturity is only six months.” And after she matures (see Mishneh Torah, Virgin Maiden 1:8), there is no fine for her, as it states, “a virgin maiden” — and the explanation that came for it is (Ketuvot 38a), “a virgin” and not one who has had sexual relations; “maiden,” and not an adult, or a child bride (memaenet) or a barren woman (aylonit). And the matter of the signs of an aylonit are known. And anyone who has not seen the lower sign and is thirty-five years old and a day — even though she does not have the signs of an aylonit — is assumed to be an aylonit. And whether she has a father or she does not have a father, there is a fine for her. And the Sages enumerated ten women that do not have a fine (see Mishneh Torah, Virgin Maiden 3:9-10), and these are them: an adult; a child bride; a divorcee; an aylonit; an unfaithful woman (sotah); a deaf woman; a convert; a prisoner; a freed slave; and one about whom a bad name has been put out. And all other girls have a fine for them. And anyone that has a fine, has [payment for] embarrassment and damage [in the case when] she is seduced. But if she is raped — even if she doesn’t have a fine — she has [payment for] embarrassment, as it is not [any] less than one who injures his fellow [and] who is obligated [to pay] for five things (one of them being embarrassment). And Rambam, may his memory be blessed, wrote (Mishneh Torah, Virgin Maiden 2:10) that even [in the case of] someone raped, anyone who does not have a fine does not have [payment for] embarrassment, and I wonder [how he could write that]. And the money for these things is the father’s — as the Torah appropriated the profit of youth to the father; and if she has no father, it is for herself. And the rest of the details are in Ketuvot in the third and fourth chapter.
וְנוֹהֶגֶת מִצְוָה זוֹ, לְעִנְיַן הֶכְרֵחַ פִּרְעוֹן הַקְּנָס, בִּזְכָרִים בִּזְמַן הַבַּיִת, שֶׁיֵּשׁ כֹּחַ בְּיָדֵינוּ לָדוּן דִּינֵי קְנָסוֹת, וּלְעִנְיַן שֶׁיִּשָּׂאֶנָּה הָאוֹנֵס אַף בַּזְּמַן הַזֶּה הִיא מִצְוָה עָלָיו, שֶׁהַנִּשּׂוּאִין מִצְוָה הִיא וְלֹא קְנָס.
And this commandment is practiced with regard to forcing payment of the fine by males during the time of the Temple, when there is the power in our hands to adjudicate the laws of fines; but with regard to the rapist marrying her, even in our times it is a commandment upon him — as the marriage is a commandment and not a fine.