Deuteronomy 22:26

26 Do nothing to the young woman, because she is not guilty of an offense deserving death. This case is just like one in which a man attacks his neighbor and murders 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 take the two of them out to the gate of that city and stone them to death-the young woman because she did not cry out in the city and the man because he has violated his neighbor's fiancée. You must purge the evil from you.
25 But if the man encounters the engaged woman in the open country, and he seizes and rapes her, only the man who raped her must die.
26 Do nothing to the young woman, because she is not guilty of an offense deserving death. This case is just like one in which a man attacks his neighbor and murders him.
27 When he found her in the field, the engaged woman cried out, but there was no one to rescue her.
28 If a man encounters a young woman, a virgin who is not engaged, takes hold of her and rapes her, and they are discovered,
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