Hi all!
Hmm, thinking off the top of my head (such as it is
http://forum.catholic.com/images/smilies/smile.gif ), and not having any copy of Deuteronomy with our Sages’ comments on me (I’m at the office) & trying to remember a lesson I went to on these verses a long time ago, I don’t think that Deuteronomy 22:28 is referring to what we would call felony rape. The word translated as rape (
v’tafsah)simply means “to catch/take hold of”; it doesn’t have the violent, forceful connotations that the verb used in Genesis 24:2 to describe Shechem’s raping of Dinah. (The verb used in Genesis,
vayikakh, means “to take” & in this context, clearly connotates force. The verb used in II Samuel 13:11 & 13:14,
vayekhezak is even more emphatic & is even more connotative of foreceful violence than
vayikakh.) The word translated “he humbled her” merely means that he had sexual relations with a woman that he should not have had relations with;
ipso facto, this is considered to be disgraceful, whether she consented or not. Deuteronomy 22:28-29 is talking about a man who has sexual relations with an unbethrothed woman (the crucial difference in comparison to Deuteronomy 22:23), i.e. two people whose hormones were aboil & couldn’t wait to get married.
Look at the three cases, Deuteronomy 22:23-24, 22:25-27 & 22:28-29. The first is talking about consensual, adulterous sex. (A bethrothed woman, even though she & her husband-to-be were not yet married & could not have sex with each other, was, nevertheless forbidden to anyone else. If she voluntarily had sex with another man, this would be adultery.) The second talks about someone raping a bethrothed woman. Since she was raped against her will, she is not culpable. The third talks about an unbethrothed woman & a man (whether married, bethrothed or neither; in Jewish law, adultery = a married/bethrothed woman voluntarily having sexual relations with a man other than her husband, period) having consensual sex. I recall learning once that according to Jewish law, the man was
obliged to marry her
if she wished & that if he did so, he could never divorce her (she, however, could initiate divorce proceedings against him).
Howzat?
Be well!
ssv
http://forum.catholic.com/images/smilies/ani/wave.gif