Talmud su Levitico 21:9

MISHNAH: The following are to be burned: one who copulates with a woman and her daughter,¹Lev. 20:14. and the daughter of a Cohen who committed adultery²Lev. 21:9.. In the category of a woman and her daughter are included his daughter, his daughter’s daughter, his son’s daughter, his wife’s daughter, her daughter’s daughter, and her son’s daughter³Lev. 18:17 includes relations with a woman and her granddaughter with the prohibition of a woman and her daughter. The Mishnaiot in the Babli and most independent Mishnah mss. include mention of the mother and the grandmother-in-law. This is logically redundant.. The following are to be beheaded: the murderer,⁴Chapter 7, Note 4. and the inhabitants of a seduced town⁵Deut. 13:16; Halakhot 7:1,10:7,8..

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Anyone who is executed less cruelly than her father’s death is by burning¹³The discussion follows the rabbis, for whom stoning is more severe than burning. The statement is a little more explicit in the Babli, 51a.
A definitively married Israel woman who commits adultery is strangled, except that if she commit incest with her father both are burned (Lev. 20:14). As a preliminarily married maiden she would be stoned. Therefore, it is clear that for the rabbis the daughter of a Cohen is burned only if either she commits incest with her father or adultery when definitively married.. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned¹⁴Lev. 21:9, reading אֶת as “with”. The quote with the following two sentences is a baraita, Sifra Emor Pereq 1(19); Tosephta 14:17.. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned¹⁵Lev. 20:12. From Lev. 20:27: they shall be put to death, by a stone they shall be stoned, their blood be on them, it is inferred that any expression “their blood be on them” means execution by stoning. Babli 54a.. She by burning, her paramour not by burning¹⁶The singular used in Lev. 21:9 implies that only she is executed by burning; her paramour is punished, like any adulterer with a married woman, by strangulation (Babli 51a).. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation¹⁷The last three sentences are repeated as last sentences of this Tractate, Halakhah 11:8; Tosephta 14:17. “They” are perjured witnesses who falsely accuse her. If they accuse her of adultery as a definitively married woman, then the perjured witnesses are strangled, the prescribed punishment of the paramour. If they accuse her of incest with her father, they are burned, the prescribed punishment of her father. If they accuse her of adultery as preliminarily married maiden, they are stoned, the prescribed punishment both of her and her paramour.
The last sentence cannot stand as it appears here. In Chapter 11, one reads כְּיוֹצֵא בָהֶן בְּחֶנֶק הִיא וְהֵן בְּחֶנֶק “similarly by strangulation, she and they by strangulation.” In the Tosephta כְּיוֹצֵא בָהֶן בְּחֶנֶק הוּא בִּשְׂרֵיפָה וְהֵן בְּחֶנֶק “similarly by strangulation, he is burned and they by strangulation.” One sees that none of the scribes understood what he was writing. One may read in Chapter 11 “he and they by strangulation,” or in the Tosephta “she is burned and they strangled”. In the text here, one has to read: “she by burning but he (or they) by strangulation.”.

¹⁰Missing in Y. Rav’s argument is rejected in the Babli 76a since it violates a fundamental principle of criminal law that no act is punishable which is not listed as punishable in the written law. Therefore one needs a verse which punishes sexual relations with an illegitimate daughter. From where does he have this? If was found stated by Ḥizqiah: And if the daughter of a Cohen man start to whore¹¹Lev. 21:9.. Why does the verse say man? To include one who copulates with his daughter from a rape among the burned¹²The verse states clearly that the priesthood is inherited from the male line. A daughter of a Cohen who is not the daughter of the Cohen’s wife still is a Cohen’s daughter and subject to the rules of the priesthood. But the Babli 76a rejects the argument given here since the verse states that the Cohen’s daughter has to be burned because she desecrates her father; this excludes an incestuous relationship, in which the father desecrates his daughter..