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If a virgin has consensual sex, does it cause her pain?
Home » Daily Peppers
Yaron Yadan 03/24/2010
If a virgin has consensual sex, does it cause her pain?

According to the Torah’s laws, a man who rapes a virgin single girl must pay 50 shekels of silver. A man who has consensual sex with a virgin single girl [what the sages called a “seduced girl”] must pay her an amount equal to the dowry customary in that place and time. It is written about the act of rape: “If a man finds a young woman who is a virgin, who is not betrothed, and he seizes her and lies with her, and they are found out, then the man who lay with her shall give to the young woman’s father fifty shekels of silver” (Deuteronomy 22:28-29).
In speaking of one who seduces a virgin single girl into consensual sex it is written “If a man seduces a virgin who is not betrothed, and lies with her, he shall surely pay the bride-price for her to be his wife. If her father utterly refuses to give her to him, he shall pay money according to the bride-price of virgins” (Exodus 22:16-17). The early sages ruled that the monetary fines detailed in the Torah are only for the pleasure of the sexual encounter but the other things caused the girl, like shame, damage, medical expenses, and pain require separate compensation. They also ruled that the payments by the rapist and the seducer are equal except for the payment for pain caused the girl. According to the early sages the seducer is exempt from payment for pain and the rapist must make such a payment. The scholars asked: What pain is caused a virgin for which the rapist must pay? Answer: The rapist threw the girl to the ground and caused her pain when her body hit the ground. Another scholar asked: If the rapist throws her onto a mattress and rapes her, so that she is not injured in the fall, is the rapist exempt from paying for pain? Another scholar said that the rapist pays for the girl’s pain in spreading her legs. The scholars asked: If the rapist pays for the pain involved in spreading her legs, the seducer who has consensual sex with her should also pay for pain, as the virgin who has consensual sex also spreads her legs. Answer: Since she had consensual sex she waived her payment for pain. It is as though she said to the man “Tear my hymen and you will be exempt for payment for pain.” The scholars asked: Does not the payment for pain go to her father? How can she waive moneys due to him? Because of this question a different answer was given: A seduced girl does not experience pain because she had consensual, desired sex. The scholars asked: In reality, do we not see that a virgin is caused pain, even if she consent to sexual relations. Answer: Her pain is not so great that one is required to pay compensation for it. Thus did the women in the households of the sages describe their sensations during their first acts of sexual congress: The nurse of the sage Abaye said that it was like hot water on a bald head., Raba’s wife said it is like the prick of a needle, and the wife of R’ Papa said it is like chewing a hard crust in the jaws crust of bread.
(Babylonian Talmud, Tractate Ketubot 39a-b)

About the Author

ירון ידען View all posts by Yaron Yadan

ירון ידען (נולד בטבריה ב-8 בדצמבר 1961) הוא פעיל חברתי ומייסד ארגון "דעת אמת" העומד בראש מפלגת אור.

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