1,963. When the Victim is Prohibited to the Offender

Naarah Besulah 1:12

If the rapist’s victim was prohibited by a positive commandment, as a secondary relation or because of any other rabbinic enactment, then he must pay the fine whether or not he was warned because he doesn’t receive lashes.

Naarah Besulah 1:13

If the girl was prohibited by a commandment for which he would suffer execution by the court, such as if she was his daughter, daughter-in-law, etc., then he is not obligated in the fine regardless of whether or not he was warned. Exodus 21:22 tells us, “If there is no tragedy (i.e., fatality), he is punished (i.e., fined).” We derive from this that when there is a fatality, there is no fine. In the Torah’s scenario, this is true even though the death was unintentional: “If men are fighting and a woman is struck....” We see that when it comes to fatality, the Torah doesn’t distinguish between intentional and unintentional as far as fines. Leviticus 24:18-21 tels us, “One who kills an animal must pay for it and one who kills a person is executed.” Just as the Torah doesn’t differentiate between intentional and unintentional for killing an animal and liability to pay, it likewise doesn’t differentiate between intentional and unintentional for killing a person when it comes to not paying a fine.