Comentario sobre Deuteronómio 22:22

ומתו גם שניהם THEN THEY SHALL BOTH OF THEM DIE — The redundant words גם שניהם are intended to exclude a case of unnatural intercourse from which the woman derives no gratification (Sifrei Devarim 242:4; Sanhedrin 66b).

THEN THEY SHALL ‘GAM’ (ALSO) ‘SHNEIHEM’ (BOTH OF THEM) DIE. “This excludes unnatural gratification from which the woman derives no satisfaction. Gam (also) — this is intended to include in the death-penalty those who come after them” [as explained further on]. This is the language of Rabbeinu Shlomo [Rashi]. But I do not understand what this means. Is this the case of a virgin that we must exclude or include those who come after them [to commit adultery with her? The verse here speaks of a married woman, therefore] what difference is there between the first [adulterer] and the second and third? Moreover, the text should have read “those who come after ‘him’” [instead of “after ‘them’ “]! And in our versions of the Sifre it is stated:²¹³Sifre, Ki Theitzei 241. However, the text there is as Rashi has it. See Horovitz’s edition of Sifre, and his note there. “Both of them — this excludes unnatural gratification. Since the verse states ‘gam’ both of them it includes those who come from their backs,” meaning unnatural sexual intercourse [sodomy]. Scripture included it here, but all cases of adultery are deduced from this one.
In line with the simple meaning of Scripture the phrase ‘gam shneihem’ (also both of them) means “[not only] the man who is the more responsible for the sin because he demands it, he seduces her, and commits the act — but ‘gam’ (also) the woman.” Scripture itself mentions this, explaining the phrase also both of them — the man that lay with the woman, and the woman. Such is the customary manner of Scripture to ascribe the sin to the man, as I have explained in connection with the verse, he hath uncovered his brother’s nakedness; they shall be childless.²¹⁴Leviticus 20:21. However in Ramban there it is not found. According to the Techeileth Mordechai, the text here should read: he hath uncovered his sister’s nakedness (ibid., Verse 17), the thought here alluded to by Ramban is developed there.
And some scholars²¹⁵Ibn Ezra on Exodus 35:5. say that the phrase the man that lay with the woman, and the woman is but an additional explanation [of the pronoun — both of them], like let him bring it, the Eternal’s offering;²¹⁶Exodus 35:5 (Vol. II, p. 598). [the kingdom which will not serve] him, Nebuchadnezzar.²¹⁷Jeremiah 27:8. And in the Sifre it is stated:²¹⁸Sifre, Ki Theitzei 241. “The man that lay with the woman — even if she was a minor; and the woman — even if she had intercourse with a minor.” If so, the meaning of also both of them is “also either one of them, the man or the woman who has reached the age to be culpable of punishment.”

ומתו גם שניהם, and they will both die. Rashi explains that the apparently superfluous word גם, “also,” refers to unborn children that these people could have looked forward to having had they remained alive. Nachmanides writes that he does not understand Rashi’s comment [As his comments appear to be based on an erroneous text in a Rashi manuscript, and resolving it is lengthy, I’ll skip this. Ed.] According to the plain meaning of the text, the word גם is not superfluous, but it refers to two separate instances of grossly sinful behaviour, 1) the slanderer in verses 14-20 as well as 2) the seducer in our verse here. According to Sifri the additional dimension derived here is based on the superfluous words האיש השוכב and והאשה, indicating that sometimes only one of the participating parties are executed, such as when one of the parties was a minor. Even though the minor may have been the one that initiated the sin, only the adult pays the penalty.