Mga Kaugnay na Sipi sa Deuteronomio 22:25

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..

³⁴⁹This text is also in Ketubot 3:9, explained there with a list of readings in Notes 126–135. The parallel in the Babli is 66b.“One who has sexual relations with a preliminarily married maiden.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: This is Rebbi Meïr’s. But for the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “Lad” is written defectively in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written a young woman; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, a lad is written and she is an adult since a minor is not stoned? What do the rabbis do with this? Rebbi Abin said, explain it that he came to her as a male. Rebbi Jacob bar Abba asked before Rav: What is the law of him who comes to a minor? He said to him, by stoning. What is the law of him who comes to an adult? He said to him, I am reading an adolescent, not an adult. Read an adolescent, not a minor! Do you not agree with me that she has the right to a fine? He answered, because he mistreated her, that includes a minor for a fine. Read because he mistreated her, that includes an adult for a fine! Rav said, even though Rebbi Jacob bar Abba won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abun in the name of (Rebbi)³⁵⁰It is clear from Ketubot and the Babli that the speaker is Samuel, Rav’s contemporary, and not the later Galilean R. Samuel. Sifry Deut 243 disagrees with Samuels’ argument. Samuel. Why? He understood it from the following: The man who had lain with her alone shall die. Do we not know that the girl has not committed a capital crime? Why does the verse say, do not do anything to the girl; the girl has not committed a capital crime? That includes him who has sexual relations with a [preliminarily married] underage girl; he is stoned and she is free.