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The Torah in Parashat Ki-Teseh (Debarim 22:9) addresses the case of a husband who, after the wedding, charges that his wife had been unfaithful during the period in between the Kiddushin (betrothal) and the wedding. If it turns out that these allegations were unfounded, then the husband must remain married to her forever, and may not divorce her against her will. The Torah issues both a Misvat Aseh (affirmative command) requiring the husband to remain married to her, and a Misvat Lo Ta’aseh (prohibition) forbidding him from divorcing her. Even if the wife becomes undesirable to the husband, he is forbidden from ever divorcing her once he had falsely accused her of infidelity.

Additionally, the Torah commands, the husband receives Malkut, and must pay a fine of the amount of 100 Sela’im. Generally, one receives Malkut only if he commits a forbidden action, and speaking does not constitute an “action” for which one becomes liable to Malkut. Nevertheless, the Torah makes an exception in this case, and the husband receives Malkut for making false accusations about his new wife.

The Sefer Ha’hinuch explains that the Torah issued these commands as a punishment for this disgraceful offense – falsely accusing one’s wife of such a misdeed – so that people will be deterred from acting this way.

If the Bet Din determined that the allegations were true, and the wife indeed had betrayed her husband at some point between the betrothal and the wedding, then she is put to death through Sekila (stoning), the severest form of execution.

The punishment of Malkut and the fine apply only in the times of the Bet Ha’mikdash, when courts were authorized to administer corporal punishment and impose fines. The requirement for the husband to remain married to his wife applies at all times, even nowadays.

If the husband transgresses these commands and divorces his wife, then he must immediately remarry her. For this reason, he does not receive Malkut for violating the prohibition against divorcing her, as this violation can be rectified by marrying her again. A violation that can be rectified is not punishable by Malkut, and so a husband who transgresses this prohibition by divorcing his wife is not liable to Malkut.

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