The Father Who May Refuse and the Fifty Shekels of the Maiden

Mekhilta DeRabbi Shimon Ben Yochai 22:16

Curated by Arthur·Told by Maggid·

"If her father utterly refuses" (Exodus 22:16): this teaches that the father has the authority to refuse. When she has no father, from where do we learn that the authority is in her own hand? Scripture says "utterly refuses" [the doubled verb including her]. From where do we learn that even the husband-to-be may refuse? Scripture says "utterly refuses," in any case. "To give her to him." If one man betrothed one woman, she is betrothed; if two men betrothed one woman, she is not betrothed. Another interpretation: "to give her to him" teaches that the father has the right to receive the betrothal of his minor daughter. "He shall weigh out silver." But we have not heard how much. You may reason: "silver" is said here, and "silver" is said regarding the rapist (Deuteronomy 22:29). Just as the silver stated regarding the rapist is fifty, so the silver stated here is fifty, "according to the bride-price of virgins." And what have we learned from the bride-price of virgins until now? This verse comes to teach and turns out itself to be taught: just as there it is fifty, so here it is fifty.

Themes

WomenLawMarriage

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