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Rape in Halacha

שו”תCategory: HalachaRape in Halacha
asked 7 years ago

Is there a prohibition on rape in the Torah other than nullifying the commandments “Love your neighbor as yourself” or “Do what is just and good”?

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0 Answers
מיכי Staff answered 7 years ago

As far as I know, there is no specific halakhic prohibition on this. See here in column 15 and the discussions following it. If it is a virgin, then it seems that there is sabotage here (political torts).

מיכי Staff replied 7 years ago

Shulchan Ibn HaEzer, 17th paragraph, section 1:
If a virgin of Israel is seduced (until she reaches puberty, and she is three years old and older) (first column), she pays a fine, a fine, and a fine. And if she tries, she pays another penalty. (And if the seducer is pregnant, there is no need to pay a fine) (column).

Paying a penalty simply indicates a prohibition, like a slanderer and a harmer. But simply speaking, we are talking about a virgin girl.

י.ד. replied 7 years ago

If we follow the method of the Rabbis, which states that the prohibition of “you shall not answer” prohibits rape of a woman of good appearance, then it is quite possible that a prohibition also exists in the case of a daughter of Israel.

מיכי Staff replied 7 years ago

Not entirely necessary. A woman of good looks is poor and in a difficult situation, and perhaps we protected her more. After all, we did not find a prohibition against raping an ordinary Israelite woman, and supposedly the poskim should have mentioned that she warned against a woman of good looks.

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