Deuteronómio 22:24 Pasajes relacionados

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation¹They differ in the evaluation of which type of execution inflicts more pain on the condemned, starting with the worst and ending with the easiest.. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning⁸Adultery by a preliminarily married virgin is punishable by stoning (Deut. 22:24), by a definitively married woman by “death” (Lev. 20:10), which by the preceding argument means the least painful of the four kinds of execution. Lev. 21:9 prescribes death by burning for the whoring daughter of a Cohen. The status (unmarried, preliminarily or definitively married) of the Cohen’s daughter is not spelled out. Since sexual activity of an unmarried woman is nowhere in the Bible classified as a capital crime [Sifra Emor Pereq 1(15)], it is assumed that the Cohen’s daughter mentioned in the verse cannot be unmarried (virgin or widowed). The problem remains whether Lev. 21:9 refers to a preliminarily or definitively married woman.
For R. Simeon, who holds that burning is more painful than stoning, Lev. 21:9 refers to any adulterous daughter of a Cohen, irrespective of the status of her marriage (Babli 50a). For the rabbis who hold that stoning is more painful than burning, Lev. 21:9 cannot refer to a preliminarily married maiden since then it would treat a Cohen’s daughter more leniently than an Israel’s, which contradicts the entire tenor of Lev. 21:1–9.
The formulation of the rabbis’ position is not quite correct since Deut. 22:24 applies only to a preliminarily married maiden (between the ages of 12 and 12 years 6 months; cf. Yebamot 1:3, Notes 159–160). In the text following, “preliminarily married” means “preliminarily married maiden”; “definitively married” means “definitively married or adult preliminarily married”.. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned⁹This statement contradicts the assertion in the previous paragraph that R. Simeon applies Lev. 21:9 to any married daughter of a Cohen; it also contradicts both the principles that (1) penalties must be spelled out in Scripture, cannot be inferred by hermeneutical rules, and (2) in any argument de minore ad majus only the data of the rules which are compared can be used; only identical terms can be transferred. Both objections again lead to the conclusion that R. Simeon cannot differentiate between a preliminarily and a definitively married daughter of a Cohen.. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated¹⁰This is no logical argument at all but a clear reference to biblical verses; cf. Note 8. The only inference is that for R. Simeon the standard method of execution must be beheading.. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned¹¹A clear scribal error; it must be “strangled” (Note 8).. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled¹²This proves that at the end of the preceding sentence one has to read “strangled”..