[quote]Tiribulus wrote:
[quote]Jewbacca wrote:
“Does Deuteronomy 22:28-29 command a rape victim to marry her rapist?”
No. I will use a Christian translation (the NIV) to show the source of confusion:
28 If a man happens to meet a virgin who is not pledged to be married and rapes her and they are discovered, 29 he shall pay her father fifty shekels of silver. He must marry the young woman, for he has violated her. He can never divorce her as long as he lives.
First, the “man” is commanded to marry the woman. The woman is not commanded to marry the man. Her choice. In short, she can take her money, and let him meet his fate, which would probably be death by stoning, then go about her business.
Second, the word is not “rape,” it’s “chazaq” which could mean rape, or it could mean “have sex with.”
You can actually see this in the Book of Samuel, specifically Amnon, a son of David, “chazaqs” his half-sister, Tamar. Tamar was not forced to marry Amnon. Interestingly, though, Tamar seemed to have wanted to marry Amnon after the event, which belies it being “rape,” but rather consensual.[/quote]I am no Hebrew scholar, but the use of taphas in that immediate context DOES indicate a bit of rather enthusiastic aggression on the part of the man here. Yes, the act itself is described by a word that usually simply indicates sex when used that way, but it is clearly modified by the use of taphas to further define the nature of the act. Also chazaq is actually used in verse 25 where forcible rape is more likely the case, not verse 28.
shakab is used in both cases to indicate sex, but chazaq is the modifier in verse 25 while taphas modifies the act in verse 28. chazaq would seem the more aggressive of the two which explains why the New American Standard (my personal favorite translation) translates verse 28 as “If a man finds a girl who is a virgin, who is not engaged, and seizes her and lies with her and they are discovered” but it renders verse 25 as “But if in the field the man finds the girl who is engaged, and the man forces her and lies with her, then only the man who lies with her shall die.”
This is right before the rule is given where if she does not attempt to be saved from the attack then they both shall die. Or at least that is assumed from the fact of the attack having taken place in the city where the girls cries would have brought rescue. If in the field far from others the girl is free from sin worthy of death and lives and only the man is executed.
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Almost there…
It i important to understand that these are rules when rape is suspected but there is no eye witness to the act itself.
Yes. v25 is posed in distinction from v 28 by those particular verbs. hchaziq translates as overpowers, and tphas as seizes. V 26 serves as the distinguishing explanation; Rashi explains that in the first case, the couple is found, after the act, in the field by a witness, justice presumes that the girl is coerced, and that she cried out for help and none heard. Only the man is the presumed to be subject to guilt. However, in the case of v 29 (on which Rashi is silent), the particulars are kept vague, and even vagueness in Torah is purposeful; the setting is not specified, and the verb is “seized” and not “overpowered” and the degree of resistance of the girl is not established. Therefore, justice would decree that the man is not presumed subject to death, that the girl must be dowered (her dad is paid off) and she must be taken care of for her entire life (because she is not marriageable?).
So in 3 verses are raised the questions of the nature of rape, the punishment when witnesses are unavailable, the nature of the dubious case, and how the injured parties must be compensated and cared for, in a work devoted to justice and charity.