Bibbia Ebraica
Bibbia Ebraica

Midrash su Deuteronomio 22:26

ולנער [וְלַֽנַּעֲרָה֙] לֹא־תַעֲשֶׂ֣ה דָבָ֔ר אֵ֥ין לנער [לַֽנַּעֲרָ֖ה] חֵ֣טְא מָ֑וֶת כִּ֡י כַּאֲשֶׁר֩ יָק֨וּם אִ֤ישׁ עַל־רֵעֵ֙הוּ֙ וּרְצָח֣וֹ נֶ֔פֶשׁ כֵּ֖ן הַדָּבָ֥ר הַזֶּֽה׃

Ma alla fanciulla non farai nulla; nella fanciulla non c'è peccato degno di morte; poiché come quando un uomo si ribella al suo vicino e lo uccide, anche questa è la faccenda.

Mekhilta d'Rabbi Yishmael

(Exodus 22:2) "If the sun shone upon him": Now does the sun shine upon him alone? Does it not shine upon the whole world? But (the intent is) Just as the sun is peace for the world, so this one (the thief) — If he knows that he is at peace with him, and he killed him nonetheless, he is liable. Similarly (Devarim 22:17) "Then they shall spread out the garment" — They shall make things clear, as a (new) garment. Similarly, (Exodus 21:19) "on his cane" — on his own power. Here, too, (this figurative interpretation is the intent of) "If the sun shone upon him." R. Yishmael says: You say this, but perhaps the intent is (literally) to distinguish between day and night, viz.: If he killed him in the daytime, he is liable; if at night, he is not liable. It is, therefore, written (Devarim 22:26) "and to the maiden you shall do nothing; for as a man would rise up against his neighbor and murder him, so, is this thing" (raping a maiden). Now what do we learn (about raping) from (murdering)? But it (the instance of murdering) apparently comes to teach (something about that of raping), and ends up "learning" (something from it), viz.: Just as in the instance of raping, there is no difference between day and night, here, too, (in the instance of murdering,) no such distinction is to be made. Just as here, if he rose up (against the thief) and killed him, he is not liable, there, too, if she rose up against him and killed him, she is not liable. And just as there, if she had helpers against him and she killed him, she is liable (viz. Devarim, Ibid. 27), so, here, if he (the owner) had helpers against him and he killed him, he is liable.
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Ein Yaakov (Glick Edition)

(Fol. 25) R. Jacob said in the name of R. Jochanan: "By every means, one may cure himself except by means of the tree devoted to idolatry." To what case does he refer? If we assume that he refers to a case where there is fear of danger, then why not cure by means of the tree devoted to idolatry? But if he refers to a case in which there is no fear of danger, then one is prohibited to be cured by means of any prohibited articles. Indeed, he does refer to a case where there is fear of danger, nevertheless it is forbidden [to be cured] by means of a tree devoted to idolatry. As we are taught in a Baraitha, R. Eliezer says: "Since it is said (Deu. 6, 5) [Thou Shalt love thy God] with all thy soul, wherefore is added. With all thy wealth? And since it is said, With all thy wealth, wherefore is also added, With all thy soul? This is to teach us that in case there is a man who loves himself more than his wealth, for him it is said. With all thy soul. And if there is a man who loves his wealth more than himself, for him it is said. With all thy wealth. When Rabbi came [from the land of Israel] he said, quoting R. Jochanan: "One may cure himself by every means except by means of idolatry, adultery or murder." Regarding idolatry we have spoken above, and as to adultery and murder, as we are taught in the following Baraitha, Rabbi says: (Deu. 22, 26) For as when a man riseth against his neighbor, and striketh him dead, even so is the matter [of the damsel]. What relation has the incident of a murderer to that of the betrothed damsel? Behold, this case comes [as a teacher and turns out a learner]. We compare the bethrothed damsel unto a murderer, and the murderer unto a bethrothed damsel; i.e., just as a betrothed damsel is given permission to kill [her assailant] in self-defense, so also is permission given to kill a murderer in self-defense; and as concerning murder it is said, that if a man be told to transgress the law or be killed, [slay another or else you will be slain], he must accept to be killed and not transgress, so it is also concerning a betrothed damsel;— she should rather permit herself to be slain than be ravished by a man. And whence do we learn thus concerning murder? This is common sense, as is shown by the incident of the man who appeared before Raba, and said to him: "The governor of my city has told me, 'Go and slay that man, otherwise I shall kill thee!'" Whereupon Raba said to him: "Let them kill thee, but thou must not kill others; for who tells thee that thy blood is more red than his, perhaps his blood is more red than thine."
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Sifrei Devarim

(Devarim 22:26) "But to the maiden you shall not do a thing. The maiden does not have a sin of death": We are hereby taught that Scripture exempts her from the death penalty. Whence is it derived that it exempts her from an offering as well? From "a sin (of death"). Whence is it derived that she is exempt from stripes as well? From "a sin of death," (stripes being in place of death.) We are hereby taught that she is exempt from all the punishments in the Torah.
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