2,044. The Shifcha Charufa

Hilchos Issurei Biah 3:14

Relations with the shifcha charufa are different from all other prohibited relations in the Torah. The woman is lashed, as per Leviticus 19:20, “There must be an inquiry,” and the man must bring a guilt offering as per 19:21, “He shall bring his guilt offering.” One must bring a guilt offering whether he violated with a shifcha charufa intentionally or unintentionally. If a man is intimate with a shifcha charufa multiple times, whether intentionally or unintentionally, he need only bring one offering. The woman, however, is liable for lashes for every act if she participated intentionally. This is the normal law regarding acts of intimacy that are prohibited by negative commandments.

Hilchos Issurei Biah 3:15

If a man inserts just his tip into the shifcha charufa, he is not liable until he inserts his entire organ. He is only liable when she is above the age of majority, has previously been intimate, and participates both intentionally and willfully. If she is a minor, has never before been intimate, she participated unwittingly, was coerced or was asleep, he isn’t liable. Similarly, if they had “irregular” relations, he isn’t liable because when it comes to a shifcha charufa “regular” (i.e., vaginal) relations were not equated with “irregular” relations. This is because Leviticus 19:20 says to “lie … emitting seed,” while regarding other prohibited acts of intimacy, the Torah didn’t differentiate between different acts of intimacy. Rather, Leviticus 18:22 refers to “the ways one lies with a woman,” recognizing two different ways of doing so.