Seduction from the Torah's Perspective
In this week's parsha,
the Torah circumscribes the bounds of parental influence in a girl's choice of
a man, and delineates a perspective on marital relations that seems to not
align very well with current modern perceptions.
Were a man to seduce a girl -
states the Torah - the girl's father would decide whether or not to acquiesce
to the man marrying his daughter. If he agrees, Mazal Tov. If not, the seducer
pays 50 silver coins (the amount identical to that a rapist would pay) to the
father of the girl.
In modern times, it would be
hard to imagine any woman desirous of marrying the man who raped her, and the
same would probably go for a man who seduced a woman. The image of date rape,
either narcotically or alcoholically induced probably comes to mind. What the
Torah is speaking of, though, is not spiking an alcoholic drink but rather, and
much more banally, a man of the age of majority, 13 and over, sleeping with an
underaged girl, i.e. under the age of 12.
In biblical times, indeed, the
father had the sole right, and perhaps ever more so, the obligation to marry
off his daughter. And the time was short. At the age of 12 and a half, a woman
was already considered most certainly beyond her prime, but more palpably,
pretty much unmarriageable. A Cohen Gadol, or High Priest, was not allowed to
marry a woman over the age of 12.5; after hitting that date, it was like the
clock striking midnight in Cinderella. It was irreversible, not biologically,
but rather the woman at that point got free rein to decide who to marry but
presumably her prospects dwindled exponentially.
Ipso facto, it is in this
context that the Torah's take on consensuality, or lack thereof, can be better
understood. A minor, be it male or female, was exonerated from responsibility
for their actions; hitting the age of majority, though, made you fully
responsible for everything you did.
A father, thus, had a right to
marry off his daughter at any age he desires until she hits 12 and a half. Were
a man, our Torah portion of Mishpatim, or "Laws" (or
"Ordinances") teaches us, to sleep with a woman under the age of 12
it would be considered rape, and between the age of 12 and 12 and a half,
seduction. Rashi calls it, "Speaking to her heart until she listens to him."
Nowadays, a nicer term might be wooing her, a less nice one, "hitting on
her," but at the end of the day, the man is painted in a very predatory
light even though the act was consensual.
And why is that?
Again, our current perspective
flies in the face of that prevalent, or extant in the time of the Torah, but a
woman's value fell precipitously after losing her virginity and given that
construct, a doting daughter, living with her parents (as was the norm) would
never allow herself to become unmarriageable if not for a man violating the
social trust on which a society was founded, the predominance of the familial
unit and the father's exclusive right to choose who his daughter would marry,
for if the clock kept on ticking, he'd be doing her a horrible and wretched
disservice.
I wonder if we can ever fully
understand that norm or modality, simply because nowadays, the place of the
individual is so much more pronounced, both for men and for women, but I
believe this explanation helps contextualize the nature of male-female
relations and father-daughter relations at the time of the Torah. Furthermore,
the amount stated by the Torah of 50 shekels, or silver coins was tantamount to
millions of dollars, though strictly symbolic given the distress and duress a
woman underwent, but still it was on par with the maximum amount of money
in Erchin, or monetary value the Torah attributes to different
parties based on age and gender, i.e. my understanding being their
productive capacity.
For a sense of comparison, were
a farmer's ox to gore and kill another's slave, the price he would pay was only
30 shekels, meaning that the Torah clearly communicated the gravity and
monetary repercussions of rape, and its counterpart seduction, which were
punished equally.
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