Deuteronomy 22:26

26 Don't do anything whatsoever to the young woman. She hasn't committed any capital crime—rather, this situation is exactly like the one where someone attacks his neighbor and kills him.

Deuteronomy 22:26 Meaning and Commentary

Deuteronomy 22:26

But unto the damsel thou shalt do nothing
Neither fine her, nor beat her, and much less punish her with death:

there is in the damsel no sin worthy of death;
because what was done to her was done without her will and consent, and was what she was forced to submit unto; but the Targum of Jonathan adds, that the man to whom she was betrothed might dismiss her from himself by a bill of divorce:

for as when a man riseth against his neighbour, and slayeth him, even
so is this matter;
as when a man comes unawares upon another, and lays hold on him, and kills him, being stronger than he, and none to help; so is the case of a woman laid hold on by a man in a field, and ravished by him, where no help could be had; and depriving a woman of her chastity is like taking away a man's life; from this passage Maimonides F3 concludes, that impurities, incests, and adulteries, are equal to murder, to capital cases relating to life and death.


FOOTNOTES:

F3 Hilchot Yesode Hattorah, c. 5. sect. 10.

Deuteronomy 22:26 In-Context

24 you must bring both of them to the city gates there and stone them until they die—the young woman because she didn't call for help in the city, and the man because of the fact that he humiliated his neighbor's wife. Remove such evil from your community!
25 But if the man met up with the engaged woman in a field, grabbing her and having sex with her there, only the man will die.
26 Don't do anything whatsoever to the young woman. She hasn't committed any capital crime—rather, this situation is exactly like the one where someone attacks his neighbor and kills him.
27 Since the man met up with her in a field, the engaged woman may well have called out for help, but there was no one to rescue her.
28 If a man meets up with a young woman who is a virgin and not engaged, grabs her and has sex with her, and they are caught in the act,

Footnotes 1

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