Comentário sobre Levítico 20:10

ואיש AND THE MAN [THAT COMMITTETH ADULERY SHALL SURELY BE PUT TO DEATH] — a man, thus excluding a minor (Sifra, Kedoshim, Chapter 10 8).

את אשת רעהו, excluding if he slept with a “wife” who was a gentile. The adulterer would then not face the death penalty.

ואיש אשר ינאף את אשת רעהו, “and the man who engages in an adulterous relationship with the wife of his fellow, etc.” our sages see in the word איש an exclusion of the death penalty for a minor between the ages of nine and thirteen who sleeps with the wife of a fellow Jew. In the words אשת רעהו they see an exclusion of the death penalty for someone who sleeps with the wife of a Gentile (compare Sanhedrin 52). The words אשת איש indicate that sleeping with the wife of a minor is also not subject to the death penalty. Our verse proves that a marriage ceremony entered into with a Gentile is not considered a legal marriage.

Excluding a minor. You might ask that this is obvious since he is not liable for [any] punishment. The answer is that it is telling us that although the minor is not punished, she [an adult] is punished even if a minor had relations with her.

ואיש אשר ינאף, “and a man who becomes guilty of adultery, etc.” the Torah repeats all the prohibitions listed already in the previous portion in chapter 18, and spells out the respective penalties for each type of transgression. Some of them are arrived at by the use of the g’zeyrah shaveh, one of the 13 tools used by Rabbi Yishmael in linking the written Torah to the oral Torah. [marrying, or sleeping with two sisters at the time when both are alive. (Sifra)]

אשר ינאף את אשת איש WHO COMMITTETH ADULTERY WITH ANOTHER MAN'S WIFE — a man's wife, thus excluding the wife of a minor from the death penalty. This teaches us that a minor cannot enter into a marriage contract. And in reference to what married woman do I make you liable to the death penalty?

Regarding which married woman have I required you, etc. Rashi here explains at length “Regarding which married woman have I required you, etc.,” instead of [simply] saying, “’Another man’s wife,’ excluding a non-Jew’s wife,” as he said [earlier], “’A man,’ excluding a minor.” This is because he is answering the question why the verse is lengthy and writes “who commits adultery” twice. It should have simply written, “Who commits adultery with another man’s wife, the wife of his fellow man.” Therefore, he explains that the verse itself is explaining its words, “Regarding which married woman have I required you, etc. Rashi explains further, “This teaches us, etc.,” to answer the question that what difference does it make [if her husband is non-Jewish]? She is [still] a married woman! Even though they [non-Jews] are not obligated in [performing] mitzvos, she is still a married woman! Therefore he explains, “This teaches us, etc.”

והנואפת, “and the woman who is a partner in the adultery.” If you were to ask where the warning was written concerning the woman adulteress, the answer is “the seventh of the Ten Commandments in Exodus 20,12.”

אשר ינאף את אשת רעהו IF HE COMMITTETH ADULTERY WITH THE WIFE OF HIS FELLOW-MAN — his fellow-man, thus excluding the wife of a heathen; this teaches us that a heathen cannot enter into a marriage contract according to Jewish law (Sifra, Kedoshim, Chapter 10 8; Sanhedrin 52b).

Strangulation. Because it is written “shall be... put to death” without specifying [which death penalty], and this [case here is] a death administered by man. And we also find “death” mentioned without specifying [which death penalty], regarding a death administered by heaven, by [the deaths of] Er and Onan where it is written (Bereishis 38:10), “And He also put him to death.” [Therefore, we say that] just as a [an unspecified] death administered by heaven leaves no mark, so too, the death administered by man is one that leaves no mark. See all this in Sanhedrin (52b).

מות יומת הנאף והנאפת THE ADULTERER AND THE ADULTRESS SHALL SURELY BE PUT TO DEATH — Wherever a death penalty is mentioned in Scripture without being precisely defined, only strangulation is intended (Sifra, Kedoshim, Chapter 10 8; Sanhedrin 55b).