Deuteronomy 22:26

26 Do nothing to the young woman; she has committed no crime worthy of death. She is as innocent as a murder victim.

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 both of them to the gates of that town and stone them to death. The woman is guilty because she did not scream for help. The man must die because he violated another man’s wife. In this way, you will purge this evil from among you.
25 “But if the man meets the engaged woman out in the country, and he rapes her, then only the man must die.
26 Do nothing to the young woman; she has committed no crime worthy of death. She is as innocent as a murder victim.
27 Since the man raped her out in the country, it must be assumed that she screamed, but there was no one to rescue her.
28 “Suppose a man has intercourse with a young woman who is a virgin but is not engaged to be married. If they are discovered,
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