Deuteronomy 22:29 - Can love follow transgression?

Deuteronomy 22:29 - דברים 22:29

Hebrew Text

וְנָתַן הָאִישׁ הַשֹּׁכֵב עִמָּהּ לַאֲבִי הנער [הַנַּעֲרָה] חֲמִשִּׁים כָּסֶף וְלוֹ־תִהְיֶה לְאִשָּׁה תַּחַת אֲשֶׁר עִנָּהּ לֹא־יוּכַל שַׁלְּחָה כָּל־יָמָיו׃

English Translation

then the man that lay with her shall give to the girl’s father fifty shekels of silver, and she shall be his wife; because he has humbled her, he may not put her away all his days.

Transliteration

Venatan ha'ish hashochev imah la'avi hana'ar [hanarah] chamishim kesef velo-tihyeh le'ishah tachat asher inah lo-yuchal shalchah kol-yamav.

Hebrew Leining Text

וְ֠נָתַ֠ן הָאִ֨ישׁ הַשֹּׁכֵ֥ב עִמָּ֛הּ לַאֲבִ֥י הַֽנַּעֲרָ֖ חֲמִשִּׁ֣ים כָּ֑סֶף וְלֽוֹ־תִהְיֶ֣ה לְאִשָּׁ֗ה תַּ֚חַת אֲשֶׁ֣ר עִנָּ֔הּ לֹא־יוּכַ֥ל שַׁלְּחָ֖הּ כׇּל־יָמָֽיו׃ {ס}        

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Parasha Commentary

Context and Overview

The verse (Devarim 22:29) addresses the case of a man who seduces or rapes an unbetrothed maiden (na'arah). The Torah prescribes two consequences:

  • The man must pay fifty shekels of silver to the girl's father.
  • He must marry her and is forbidden from divorcing her all his days.

Payment of Fifty Shekels

Rashi (based on Ketubot 10a) explains that the fifty shekels correspond to the kenas (penalty) for seduction, as outlined in Shemot 22:15-16. This payment is distinct from the mohar (dowry) that a groom typically gives. The Talmud (Ketubot 39b) clarifies that this sum is fixed regardless of the maiden's social status, emphasizing the equal sanctity of all Jewish women.

Obligation to Marry

The Rambam (Hilchot Na'arah Betulah 1:3) rules that the man is compelled to marry the woman, provided she consents (ratzon). This is derived from the phrase "v'lo yuchal shalchah kol yamav"—"he may not send her away all his days." The Sefer HaChinuch (Mitzvah 569) explains that this prevents the man from treating the relationship lightly, ensuring he takes full responsibility for his actions.

Prohibition Against Divorce

The Talmud (Kiddushin 14a) discusses whether the prohibition against divorce applies only if he marries her immediately or even if he delays. The halachic consensus (as codified by the Shulchan Aruch, Even HaEzer 177:6) is that once they marry, he may never divorce her against her will. However, if she requests a divorce, the court may compel him to grant it (Rambam, Hilchot Gerushin 2:20).

Moral and Ethical Lessons

The Midrash (Sifrei Devarim 242) emphasizes that this law upholds the dignity of the woman, ensuring she is not discarded after being wronged. The Netziv (Ha'amek Davar) adds that the Torah's insistence on permanent marriage reflects the gravity of violating another's dignity—forcing the perpetrator to rectify his actions through lifelong commitment.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Ketubot 39b
The verse is discussed in the context of the laws regarding a man who seduces a virgin, focusing on the obligation to pay fifty shekels and the prohibition against divorcing her.
📖 Sanhedrin 75b
The verse is referenced in a discussion about the consequences of seduction and the legal obligations that follow, particularly the payment and marital restrictions.

Frequently Asked Questions

Q: What does Deuteronomy 22:29 mean?
A: Deuteronomy 22:29 discusses the consequences for a man who seduces and lies with an unbetrothed virgin. According to the Torah, he must pay fifty shekels of silver to her father and marry her, and he is forbidden from divorcing her for the rest of his life. This law emphasizes the seriousness of violating a woman's dignity and the responsibility the man must take for his actions.
Q: Why does the Torah require the man to marry the woman in this case?
A: The Torah requires the man to marry the woman (with her consent) to ensure he takes full responsibility for his actions and to protect her dignity. According to Jewish tradition (Rashi on Deuteronomy 22:29), this prevents her from being socially disadvantaged, as she might otherwise struggle to find a husband after this incident. The prohibition against divorce ensures he cannot abandon her later.
Q: What is the significance of the fifty shekels of silver in this verse?
A: The fifty shekels of silver paid to the father is a form of compensation (similar to a dowry) for the harm done to the family's honor. The Talmud (Ketubot 10a) explains that this amount is based on the standard valuation of a woman's ketubah (marriage contract) in biblical times, reinforcing the seriousness of the offense.
Q: Does this law still apply today in Jewish practice?
A: No, this law is not applied in the same way today. According to halacha (Jewish law), many of the Torah's monetary and marital laws related to biblical punishments are not enforced in the absence of the Sanhedrin (high court). However, the ethical principles—protecting a woman's dignity and holding a man accountable for improper conduct—remain timeless values in Judaism.
Q: What lesson can we learn from Deuteronomy 22:29?
A: This verse teaches the importance of personal responsibility and respect for others, especially in intimate relationships. Jewish tradition (Rambam, Hilchot Na'arah Betulah) emphasizes that a person must take ownership of their actions and avoid causing harm to others. The Torah's strict consequences highlight the severity of exploiting another person's vulnerability.