Earlier, we saw that a rapist who violates a girl must pay the penalty and, if she so desires, must marry her without the possibility of divorce unless she grants it. We also said that he still bears the penalty if he cannot marry her because of another prohibition.
However, some say that the Torah only meant for two things to go together, and if he cannot marry her (such as in the case of a girl who is a mamzer), he does not pay the penalty either. He would still pay the regular assault damages. And yet, if he violates a girl who is a niddah, they agree that even though he deserves the punishment of being cut off from the people, he still pays the penalty.
Why should the last be true? We have a rule that when one causes damages but simultaneously puts his soul in danger, he is only given the harsher penalty but is free from repayment!? – That law only applies to actual execution by the court, but not to that by the hand of Heaven.
The last explanation still does not work according to Rabbi Nechunia ben HaKanah, who makes all kinds of danger, whether by the hand of man (court) or Heaven (cut off), the same so that he would not pay the penalty for violation. – True, according to Rabbi Nechunia, he does not pay the penalty for violating a niddah because he puts his soul in danger.
Incidentally, all mishaps that happen to a person are considered by the hand of Heaven, except for illnesses that come from too cold or too hot weather because the person's negligence causes him to become sick.
Art: The sick neighbor By Jozef Israels
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