1,967. How Damages and Pain are Calculated

Naarah Besulah 2:5

Based on the above criteria, the judges evaluate the positions of the offender and the victim. They assess how much the girl’s father and family would pay to prevent the incident from occurring with the person in question. This is the amount of the penalty for embarrassment.

Naarah Besulah 2:6

Damages are like depreciation. We consider the victim as if she were an indentured servant being sold in the market, i.e., what price would she receive as a virgin as opposed to as a non-virgin. This is because a man would rather buy a virgin servant to give to a male servant whom he wishes to please. The offender must pay the difference between these two prices. The penalty for pain is based on the girl’s age and size, and the offender’s age and size. The court determines how much a father would pay to spare his daughter from such pain; this amount is the penalty that the offender must pay for causing pain.