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Does mefateh require genuine consent, or only a non-coerced act? Rashi (רש"י) holds that mefateh means she truly agreed—mind control or manipulation counts as ones. The Ramban (aligned with the Rambam (רמב"ם)) holds that as long as the act itself wasn't forced, it's mefateh, even if her agreement was manipulated. The shiur explores this through the lens of hishtadlus and real-world cases like cult manipulation.
The shiur presents a fundamental dispute between Rashi (רש"י) and the Ramban (רמב"ן) concerning the halachic definition of mefateh (seduction) versus ones (coercion), particularly regarding the laws of a seducer in Parshas Mishpatim. The machlokes centers on the interpretation of the word "yefat" and what constitutes genuine consent. Rashi understands the word "yefat" to mean "sofer"—to convince through persuasion until she listens. According to Rashi, mefateh requires that the woman ultimately agrees of her own volition. The man may make efforts to persuade her (hishtadlus), but at the end of the day, the decision must be hers. If someone manipulates her mind, brainwashes her, or exercises mind control—even if she performs the act willingly—this is considered ones, not mefateh. Rashi's concept of hishtadlus means making an effort without forcing the outcome; the person must retain their own decision-making capacity.
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Parshas Mishpatim - laws of mefateh
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