Commento su Deuteronomio 22:26

כי כאשר יקום וגו׳ FOR AS WHEN A MAN RISETH [AGAINST HIS FELLOW MAN, AND SLAYETH HIM, EVEN SO IS THIS THING] — According to its plain sense the following is what it implies: there is in the damsel no sin deserving death, because she was coerced and he, (the man) attacked her with violence, just as when a man attacks his fellowman to kill him. — Our Rabbis, however, gave it (the verse) a Halachic interpretation as follows: Behold, this simile is intended to elucidate the law in question but at the same time turns out to be itself elucidated by that law (lit., this comes as a teacher and is found to be a learner) (Sanhedrin 73a).

אין לנערה חטא מות, even though in the end she stopped resisting, i.e. she became a willing partner; seeing that initially she had been forced she is exonerated by judicial prosecution. Our sages go so far as to state “even if she said that had she not been forced she would have hired the man in question to sleep with her,” (Ketuvot 51) [the rapist kindled her libido so that she lost control over her emotions. Ed.]

This (the murderer) appears to teach, etc. Rashi is answering the question: The wording of the verse implies that the murderer is teaching us something about the married girl, whereas we actually learn nothing from the murderer! [Actually] the murderer “learns” from the married girl. Just as the married girl can be saved from sin by killing the rapist as the verse indicates by saying, “there was no one to rescue her,” implying that if there was someone to rescue her, he could do so by using any means, so too in the case of the murderer, one may save the [intended] victim by killing the pursuer.

'כי כאשר יקום איש על רעהו וגו, this situation is not comparable to someone having sexual intercourse with a beast when the Torah condemns the “innocent” beast to share the death penalty with the human being. (Leviticus 20,15). The difference is that the animal in question did not offer any resistance at all, whereas the woman in question in our verse initially did offer resistance. What happened to her is comparable to a murdered person who had been forced to commit a sin and who was murdered for having refused to do so.