Kaisipang Hudyo sa Exodo 22:16: Akeidat Yitzchak & Guide for the Perplexed

We detect differences in the treatment of a rapist and a seducer, respectively. The former has only violated the body of the victim. The latter has also coerced or misled his victim's mind, thereby causing her a greater loss of image amongst her peers and opportunities to get married. Therefore, the seducer must marry her. (Exodus 22,16) If her father does not agree, the seducer must provide an adequate dowry in lieu of marriage. The rapist pays a fixed indemnity or must marry his victim. He is never able to divorce her. If the girl refuses to marry her rapist, this does not result in additional financial cost to the latter.

The equity of the statutes and judgments of the Law in this regard may be noticed in the treatment of a person accused of spreading an evil report about his wife (Deut. 22:13, seq.). There is no doubt that the man that did this is bad, does not love his wife, and is not pleased with her. If he desired to divorce her in a regular manner, there is nothing to prevent him, but he would be bound to give her what is due unto her; but instead of this, “he gives occasion of speech against her” (ibid. 22:14), in order to get rid of his wife without paying anything; he slanders her, and utters falsehood in order to keep in his possession the fifty shekels of silver, the dowry fixed in the Law for maidens, which he is obliged to pay unto her. He is therefore sentenced to pay one hundred shekels of silver, in accordance with the principle, “Whom the judges shall condemn, he shall pay double unto his neighbour” (Exod. 22:9). The Law is also analogous to that about false witnesses, which we have explained above (chap. xli. p. 195). For he intended to cheat her of her fifty shekels of silver, he must therefore [add fifty, and] pay her a hundred shekels. This is his punishment for withholding from her her due, and endeavouring to keep it. But in so far as he degraded her, and spread the rumour that she was guilty of misconduct, he was also degraded, and received stripes, as is implied in the words, “and they shall chastise him” (Deut. 22:15). But he sinned besides in clinging to lust, and seeking only that which gave pleasure to him: he was therefore punished by being compelled to keep his wife always, “he may not put her away all his days” (ibid. 19); for he has been brought to all this only because he may have found her ugly.