Talmud su Esodo 22:18

Rebbi Aḥa in the name of Tanḥum ben Rebbi Ḥiyya: In the days of Rebbi Joshua ben Levi they wanted to abolish this immersion because of the Galilean women who became sterile¹⁷³Since in Galilee the immersion was required for everybody, not only for Torah study as in Babylonia, it also applied to women. In winter in upper Galilee, water sometimes freezes and all miqwaöt were cold-water miqwaöt; in a parallel in Babli Berakhot 22a, Rav Huna notes that instead of a miqweh one could use a hot bath in Babylonia. because of the cold. Rebbi Joshua ben Levi told them: Do you want to uproot something that fences Israel off from sin? What means: Fences Israel off from sin? It happened that a watchman of vinyards wanted to have an affair with a married woman. By the time they were preparing a place where they could immerse themselves, passers-by came by and the sin was not committed¹⁷⁴A parallel in Babli Berakhot 22a is explicitly designated as a baraita, dating from Mishnaic times, and applying the need for immersion only to the man. [Levi Ginzberg conjectures that the watchman was a bachelor; hence, he could not use the public miqweh (except on holiday eve) without drawing public attention to his unmarried sexual activities. However, it is stated explicitly at the end of this halakhah that a miqweh was not used for this immersion.]. It happened that someone wanted to have an affair with Rebbi’s slave girl. She said to him: If my mistress does not immerse herself, I do not immerse myself¹⁷⁵Meaning that as an unmarried woman she does not frequent the miqweh and, therefore, cannot have sex with any man. The slave girl was quite famous for speaking better classical Hebrew than the rabbis.. He said to her: Are you not like an animal¹⁷⁶The argument here is not perfectly clear. There is a verse in Ezechiel 23:20, speaking about the heathen, "for the flesh of donkeys is their flesh and the semen of horses is their semen" (where "flesh" as human limb here and elsewhere means the penis, the only boneless limb), but that speaks only about males and, in any case, the slave in a Jewish household is a semi-Jew, becoming a full Jew on manumission without any formality of conversion. Hence, no verse applying to heathen is appropriate here. The real reason seems to be the command given to Adam that "a man shall leave his father and his mother and stick to his wife" (Gen. 2:24); since a slave is not legally able to contract a marriage, he is missing the essential human quality of having to marry. That makes questionable humans out of adults who are bachelors by choice. [The sex life of slaves is not discussed in the Yerushalmi. In the Babli (Niddah 47a) it is stated that slaves may have sex with anybody except a Jew (and a married Gentile woman).]? She said to him: Did you not hear that one who has relations with an animal will be stoned, as it is said (Ex. 22:18): “Anyone lying with an animal shall certainly be executed.”

HALAKHAH: “The sorcerer is one who does a deed,” etc. A sorceress you shall not let live³⁶³Ex. 22:17., whether man or woman, but the Torah taught you the way of the world that most women have a tendency to sorcery³⁶⁴Babli 67a and Mekhilta dR. Simeon ben Iohai, ad loc., the first part only in Mekhilta dR. Ismael, ad loc.. Rebbi Eliezer said, a sorcerer is [executed] by stoning. What is Rebbi Eliezer’s reason? It says here, a sorceress you shall not let live, and it says there, whether human or animal they shall not live³⁶⁵Ex. 19:13. The verse requires stoning or shooting the transgressor.
In the Babylonian sources (Babli and the two Mekhiltot), this argument is attributed to R. Aqiba, who in the Yerushalmi rejects it.. Since shall not live there means by stoning, also here by stoning. What is the rabbis’³⁶⁶There “rabbis” oppose the Mishnah and decree beheading for the sorcerer; in Babli and Mekhilta dR. Simeon ben Iohai the author is R. Yose the Galilean, in Mekhilta dR. Ismael it is R. Ismael. reason? It says here, a sorceress you shall not let live, and it says there, you shall not let live anybody³⁶⁷Deut. 20:16.. Since you shall not let live there means death by the sword, also you shall not let live here means death by the sword. Rebbi Aqiba said, from this argument I am deciding. It is preferable to learn you shall not let live from you shall not let live rather than from shall not live. What is Rebbi Jehudah’s reason³⁶⁸The student of R. Eliezer’s student gives the final argument for the Mishnah. In the Babli (here and Berakhot 21b) and Mekhilta dR. Simeon ben Iohai his argument is attributed to Ben Azzai, in Mekhilta dR. Ismael to R. Yose the Galilean.? It says here, a sorceress you shall not let live, and it says there, anybody lying with an animal shall die the death³⁶⁹Ex. 22:18, the verse following the one about the sorceress. Since in v. 17 the method of execution is not indicated, the instruction of v. 18 is interpreted in the light of Lev. 20:15–16 and applied to both verses.. Since the execution of the animal is by stoning, so here also by stoning³⁷⁰Since for animals the only explicitly mentioned example of execution is the stoning of the notorious bull..