Does the Torah Punish a Rapist?

This week’s parasha, Ki Tetze, contains a whopping 74 mitzvot according to Sefer HaChinuch. Two of these deal with a situation where a man seduces an unbetrothed virgin girl. In such a case, the man must pay the girl and her father fifty pieces of silver, and not only must he must marry her (unless she does not want to marry him) but he is never allowed to divorce her.

It is important to mention that the Torah is not speaking of rape. Unfortunately, this passage is commonly misunderstood and improperly taught, resulting in people being (rightly) shocked and offended to hear that a rapist gets away with his crime, having only to pay a relatively small fine. The Torah is not speaking of rape!

In our parasha, the Torah uses the term shakhav imah, “lay with her”. In the infamous case of Dinah being raped by Shechem (Genesis 34), the Torah says shakhav otah, he “laid her”, forcefully, before saying v’ya’aneah, “and he raped her”. This terminology does not appear in the verses in question. Another tragic case is that of the “concubine of Gibeah”, where the shakhav root does not appear at all, and the Torah says ita’alelu ba, “abused her”. In both of these cases, the punishment was death. Rapists deserve capital punishment.

In our parasha, the Torah continues to say that “they were found” (v’nimtzau)—not that the man was found committing a crime, but that they, the couple, were discovered in the act. This suggests that there was at least some level of consent. That’s precisely how the Zohar (Ra’aya Mehemna) interprets it, explaining that they both love each other, but she does not want to be intimate with him until they are properly married. He manages to get her to sleep with him anyways. The Zohar concludes that this is why the Torah states he must marry her. She was worried to be with him until he was formally committed to her; until they were “married with blessing”. So, the logical result is that he must marry her, and not just a sham marriage where he will divorce her shortly after, but a marriage with no chance of divorce (unless she wants to)! This makes far more sense; the Torah cannot be speaking of rape—why would a rape victim ever want to marry her rapist?

Spiritual Unification

In Sha’ar HaGilgulim, the Arizal explains that when a man lies with a woman, he infuses a part of his soul within her. The two are now forever linked. This is essentially how two soulmates re-connect to become one again, as stated in Genesis 2:24. The Talmud speaks of this as well. For example, in one place (Sotah 3b) we learn how Joseph “did not listen to her, to lie with her, to be with her” (Genesis 39:10), means that Joseph did not want to sleep with Potiphar’s wife “in this world, or to be with her in the World to Come.” Had he been intimate with Potiphar’s wife, their souls would have been linked eternally.

It seems that not even divorce can break this powerful bond. In another Talmudic passage (Pesachim 112a), Rabbi Akiva teaches Rabbi Shimon bar Yochai five important things, one of which is not to marry a divorced woman. This is because the woman is still spiritually linked to her former husband (some say only if her ex-husband is still alive). Another teaching is then cited: “When a divorced man marries a divorced woman, there are four minds in the bed.” Both divorcees are still attached to their former spouses mentally and emotionally, which will undoubtedly complicate their relationship. (Having said that, other sources insist that, of course, it is still better to be married to someone than to stay single.)

In the same vein, a man who seduces his girlfriend has spiritually bonded with her, and must therefore marry her. Meanwhile, a rapist should be put to death, for it seems that this is the only way to spiritually detach him from his victim (at least in this world).

God Seduces Israel

The Zohar takes a deeper look at this case, and sees it is a beautiful metaphor for God and Israel. Just as Shir HaShirim, the Song of Songs, is traditionally interpreted as a love story between God and His chosen people, the Zohar identifies God with the seducing man and Israel with the virgin. Indeed, Israel is compared to a young maiden or virgin girl throughout the Tanakh. The Zohar cites Amos 5:2, which states “the virgin Israel has fallen”, then quotes Hosea 2:16, “Behold, I will allure her, and bring her into the wilderness, and speak tenderly unto her.”

God took a “virgin”, unbetrothed, godless people out of Egypt, led them into the wilderness, and as the Talmud famously states, coerced them into a covenant with Him:

“And they stood under the mount,” [Exodus 19:17] Rav Abdimi bar Hama bar Hasa said: This teaches that the Holy One, blessed be He, overturned the mountain upon them like an [inverted] cask, and said to them, “If you accept the Torah, it is well; if not, this shall be your burial.”

Israel didn’t have much of a choice at Sinai. (It is commonly said that on Shavuot, God chooses us and gives us His Torah; and it is only on Simchat Torah when we choose God, joyfully dancing with the Torah He gave us.) God is like that seducing man, so to speak. As such, according to His own Torah, He must “marry” us forever, and cannot ever abandon us. (Those Christians and Muslims that believe they have “replaced” Israel and God created a new covenant with them are terribly mistaken!)

The Zohar doesn’t end there. The Torah says the man must pay fifty pieces of silver. What are the fifty pieces of silver God gave us? One answer is the very special Shema, which we recite twice daily, and has exactly fifty letters (not counting the three additional paragraphs). Our Sages state that the Shema is not just an expression of God’s Oneness. Rather, its deeper meaning is that Israel is one with God; we are eternally bound to Him. And perhaps a day will soon come when, as the prophet says (Zechariah 14:9) all of humanity will reunite with God: “Hashem will be King over the whole earth; on that day, Hashem will be One, and His Name will be One.”


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