Deuteronomy 22:19 - False accuser's lifelong obligation?

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Hebrew Text

וְעָנְשׁוּ אֹתוֹ מֵאָה כֶסֶף וְנָתְנוּ לַאֲבִי הַנַּעֲרָה כִּי הוֹצִיא שֵׁם רָע עַל בְּתוּלַת יִשְׂרָאֵל וְלוֹ־תִהְיֶה לְאִשָּׁה לֹא־יוּכַל לְשַּׁלְּחָהּ כָּל־יָמָיו׃

English Translation

and they shall fine him a hundred shekels of silver, and give them to the father of the girl, because he has brought out an evil name upon a virgin of Yisra᾽el: and she shall be his wife; he may not put her away all his days.

Transliteration

Ve'anshu oto me'a kesef venatnu la'avi hana'ara ki hotzi shem ra al betulat Yisra'el velo-tihye le'isha lo-yukhal leshalekha kol-yamav.

Hebrew Leining Text

וְעָנְשׁ֨וּ אֹת֜וֹ מֵ֣אָה כֶ֗סֶף וְנָתְנוּ֙ לַאֲבִ֣י הַֽנַּעֲרָ֔ה כִּ֤י הוֹצִיא֙ שֵׁ֣ם רָ֔ע עַ֖ל בְּתוּלַ֣ת יִשְׂרָאֵ֑ל וְלֽוֹ־תִהְיֶ֣ה לְאִשָּׁ֔ה לֹא־יוּכַ֥ל לְשַׁלְּחָ֖הּ כׇּל־יָמָֽיו׃ {ס}

Parasha Commentary

Context of the Verse

This verse (Devarim 22:19) addresses the case of a man who falsely accuses his newlywed wife of not being a virgin, thereby bringing a "shameful name" (שֵׁם רָע) upon her. The Torah prescribes both a monetary penalty and a prohibition against divorce as consequences for his slander.

Monetary Penalty: 100 Shekels of Silver

Rashi (Devarim 22:19) explains that the fine of 100 shekels is parallel to the penalty imposed on a seducer (as in Shemot 22:16), emphasizing the severity of the false accusation. The Rambam (Hilchot Na'arah Betulah 3:1) notes that this amount is significant—double the standard ketubah (marriage contract) value of a virgin (50 shekels)—to serve as a deterrent against false accusations.

Payment to the Father

The Torah specifies that the fine is given to the father of the girl. Rashi clarifies that this is because the father suffers dishonor due to the false accusation against his daughter. The Talmud (Ketubot 46a) further discusses whether the father retains the money or if it ultimately belongs to the daughter, concluding that it is given to the father as compensation for the public humiliation.

Prohibition Against Divorce

The verse states that the slanderer must remain married to his wife and "may not put her away all his days." The Rambam (Hilchot Na'arah Betulah 3:5) rules that this is a permanent prohibition—even if he later finds genuine fault in her, he cannot divorce her. The Talmud (Ketubot 41b) explains that this is a punitive measure, ensuring that the husband bears the consequences of his false accusation.

Moral and Legal Principles

Protection of Reputation: The Torah places great emphasis on guarding one's reputation, especially in matters of modesty and marital integrity (see Sefer HaChinuch, Mitzvah 557).
Severity of Slander: False accusations are treated with extreme seriousness, as they can cause lasting harm to individuals and families (Talmud, Arachin 15b).
Accountability: The husband’s inability to divorce ensures he takes responsibility for his actions and does not escape the consequences of his wrongdoing (Rambam, Hilchot De'ot 7:3).

Halachic Implications

The Shulchan Aruch (Even HaEzer 177:1) codifies this law, emphasizing that even if the husband later regrets his accusation, the marriage remains binding. The Rema adds that if the wife seeks a divorce, she may do so, but the husband cannot initiate it. This reflects the Torah’s balance between justice for the victim and consequences for the offender.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Ketubot 46a

The verse is discussed in the context of the laws regarding slander against a virgin and the consequences for the slanderer, including the fine and the prohibition against divorcing her.

📖 Sanhedrin 8b

The verse is referenced in a discussion about the legal procedures and penalties for false accusations against a virgin.

Frequently Asked Questions

Q: What does Deuteronomy 22:19 mean?
A: Deuteronomy 22:19 discusses the consequences for a man who falsely accuses his wife of not being a virgin before marriage. According to the Torah, if his claim is proven false, he must pay a fine of 100 shekels of silver to the bride's father and is forbidden from ever divorcing her (Rashi, Rambam). This law protects the reputation of Jewish women and emphasizes the seriousness of making false accusations.

Q: Why is the fine 100 shekels of silver in Deuteronomy 22:19?
A: The fine of 100 shekels of silver is significant because it serves as both a punishment and a deterrent against slander (Rambam, Hilchot Na'arah Betulah). The amount is substantial, showing the severity of damaging someone's reputation, especially concerning a Jewish woman's purity. The Talmud (Ketubot 46a) also connects this fine to the principle of just compensation for harm caused.

Q: What can we learn from Deuteronomy 22:19 about marriage and honesty?
A: This verse teaches the importance of honesty and integrity in marriage. Making false accusations, especially about a spouse's character, is a grave sin in Jewish law. The Torah mandates that the slanderer must remain married to his wife and cannot divorce her, reinforcing the sanctity of marriage and the need for trust between husband and wife (Rashi, Sifrei).

Q: How does Deuteronomy 22:19 apply today?
A: While the specific legal penalty may not apply today without the Sanhedrin, the ethical lessons remain relevant. The verse teaches the severity of spreading falsehoods (lashon hara) and the importance of protecting another person's dignity. Jewish law (Choshen Mishpat) still emphasizes financial and moral accountability for slander, aligning with the Torah's values of justice and kindness.

Q: Why can't the man divorce his wife after falsely accusing her in Deuteronomy 22:19?
A: The Torah prohibits the man from divorcing his wife to ensure he takes responsibility for his actions and does not further harm her reputation (Rambam, Hilchot Ishut). By remaining married, he must rectify his mistake and treat her with respect. This law also discourages frivolous or malicious accusations, as the consequences are lifelong (Talmud, Ketubot 45b).