Deuteronômio 22:26 Referências do Talmudee: Jerusalem Talmud Sanhedrin, Jerusalem Talmud Ketubot & Sanhedrin

MISHNAH: The following ones one saves at the cost of their own persons⁹³Preferably by injuring him; if this is not possible by killing him (Babli).: He who purses another to kill him, the male⁹⁴In order to commit homosexual rape., or the preliminarily married virgin girl⁹⁵Whose rape is equated with murder, Deut. 22:26.. But he who pursues an animal⁹⁶To commit bestiality. It is not permitted to kill a person intending to commit a capital crime; only a person bent on committing murder or a crime against a human comparable to murder has to be killed if caught in flagranti., or who desecrates the Sabbath, or who worships strange worship, one may not save at the cost of their own persons.

Jacob bar Abba asked before Rav: What is the law for him who comes to a minor¹³⁰A preliminarily married underage girl, whether by seduction or rape.? He said to him, by stoning. What is the law for him who comes to an adult? He said to him, I am reading “an adolescent¹³¹In Deut. 22:29.”, not an adult.¹³²The man who commits adultery with an adult preliminarily married woman is punished for adultery, as if it were with a definitively married woman. Read “an adolescent”, not a minor! “‘Because he mistreated her’, that includes a minor for a fine”, read ‘because he mistreaded her’,¹³¹In Deut. 22:29. that includes an adult for a fine! Rav said, even though Jacob won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abin in the name of Samuel: Why? He understood it from the following¹³³Deut. 22:26, speaking of the preliminarily married rape victim. It should be obvious that the rape victim is innocent; why does the verse have to emphasize this?: “The man who had lain with her alone should die.” Did we not know that “the girl has not committed a capital crime”? Then why does the verse say: “Do not do anything to the girl, the girl has not committed a capital crime”? That includes him who comes to a preliminarily married underage girl that he is stoned and she is free¹³⁴The verse is not written for the adolescent rape victim, whose innocence is obvious, but for the consenting underage girl who would have committed a capital crime had she been adolescent. But because of her age, her seduction was statutory rape and she is immune from any form of punishment..

Is that true, we punish based on a non-equal comparison?