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Deuteronomy 22:28 - Torah's law for violated virgin?

Deuteronomy 22:28 - דברים 22:28

Hebrew Text

כִּי־יִמְצָא אִישׁ נער [נַעֲרָה] בְתוּלָה אֲשֶׁר לֹא־אֹרָשָׂה וּתְפָשָׂהּ וְשָׁכַב עִמָּהּ וְנִמְצָאוּ׃

English Translation

If a man find a girl that is a virgin, who is not betrothed, and lay hold of her, and lie with her, and they be found;

Transliteration

Ki-yimtza ish naar [na'ara] betulah asher lo-orasa utfasah veshakhav imah venimtza'u.

Hebrew Leining Text

כִּֽי־יִמְצָ֣א אִ֗ישׁ <span class="mam-kq-trivial">נַעֲרָ֤</span> בְתוּלָה֙ אֲשֶׁ֣ר לֹא־אֹרָ֔שָׂה וּתְפָשָׂ֖הּ וְשָׁכַ֣ב עִמָּ֑הּ וְנִמְצָֽאוּ׃
כִּֽי־יִמְצָ֣א אִ֗ישׁ נַעֲרָ֤ בְתוּלָה֙ אֲשֶׁ֣ר לֹא־אֹרָ֔שָׂה וּתְפָשָׂ֖הּ וְשָׁכַ֣ב עִמָּ֑הּ וְנִמְצָֽאוּ׃

🎵 Listen to leining

Parasha Commentary

Context in Torah

This verse (Devarim 22:28) appears in the Torah's legal section concerning interpersonal relationships, specifically addressing the case of a man who seduces or coerces an unbetrothed virgin. The passage outlines the legal consequences and obligations that follow such an act.

Rashi's Explanation

Rashi (Devarim 22:28) clarifies that this scenario refers to a case of ones (coercion) rather than mezid (intentional sin). He emphasizes that the Torah uses the term "וְנִמְצָאוּ" ("and they be found") to indicate that the act was discovered and brought to court, requiring legal resolution.

Rambam's Legal Perspective

In Hilchot Na'arah Betulah (Laws of a Virgin Maiden 1:1-3), Rambam codifies that the man must pay:

  • Fifty shekels of silver to the father (as per Shemot 22:16-17)
  • He is obligated to marry her if she and her father consent
  • He may never divorce her against her will (based on Devarim 22:29)

Talmudic Analysis

The Talmud (Ketubot 39a) discusses this scenario extensively, differentiating between:

  • Oness (rape) - where the man is compelled to marry and cannot divorce
  • Mefateh (seduction) - where the standard penalty applies but without the marriage obligation

Moral and Ethical Dimensions

The Sefer HaChinuch (Mitzvah 569) explains that these laws serve to:

  • Protect the dignity and future of the young woman
  • Discourage irresponsible behavior by imposing serious consequences
  • Maintain the sanctity of marital relationships in Israel

Modern Halachic Application

Contemporary poskim (like Rav Moshe Feinstein in Igrot Moshe) discuss how these principles apply today, noting that while the exact monetary penalties aren't implemented, the underlying ethical obligations remain binding in terms of personal responsibility and proper conduct between men and women.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Ketubot 51b
The verse is discussed in the context of the laws regarding the seduction of a virgin and the financial penalties involved.
📖 Sanhedrin 73a
The verse is referenced in a discussion about the legal consequences for a man who seduces an unbetrothed virgin.

Frequently Asked Questions

Q: What does Deuteronomy 22:28 mean?
A: Deuteronomy 22:28 discusses a case where a man has relations with an unbetrothed virgin. According to Jewish law (Halacha), this verse establishes that the man must marry the woman (if she and her father consent) and cannot divorce her all his days (unless she chooses to leave), as explained in the Talmud (Kiddushin 3a) and codified by Rambam (Hilchot Naarah Betulah 1:1-3).
Q: Why is this verse important in Jewish law?
A: This verse is important because it establishes protections for women in cases of improper relations. The Torah requires the man to take responsibility by marrying her (with consent) and providing for her, ensuring she is not left vulnerable. Rashi (on this verse) emphasizes that the Torah upholds the dignity of the woman in such situations.
Q: What can we learn from Deuteronomy 22:28?
A: We learn that the Torah takes intimate relationships very seriously and imposes consequences to ensure justice and moral responsibility. The Talmud (Sanhedrin 73a) derives from this verse that a woman's consent is crucial—she cannot be forced into marriage if she refuses. This teaches the importance of mutual respect and accountability.
Q: How does this law apply today?
A: While the exact legal procedures may not apply in the same way today (due to changes in societal structures), the underlying principles—protecting women's dignity, ensuring consent, and holding individuals accountable for their actions—remain timeless Jewish values. Orthodox Jewish authorities still reference these laws when discussing ethical conduct in relationships.