Deuteronomy 22:26

26 You will do nothing to the girl, because she has done nothing deserving of death. The situation is like the case of the man who 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 are to bring them both out to the gate of the city and stone them to death - the girl because she didn't cry out for help, there in the city, and the man because he has humiliated his neighbor's wife. In this way you will put an end to such wickedness among you.
25 "But if the man comes upon the engaged girl out in the countryside, and the man grabs her and has sexual relations with her, then only the man who had intercourse with her is to die.
26 You will do nothing to the girl, because she has done nothing deserving of death. The situation is like the case of the man who attacks his neighbor and kills him.
27 For he found her in the countryside, and the engaged girl cried out, but there was no one to save her.
28 "If a man comes upon a girl who is a virgin but who is not engaged, and he grabs her and has sexual relations with her, and they are caught in the act,
Complete Jewish Bible Copyright 1998 by David H. Stern. Published by Jewish New Testament Publications, Inc. All rights reserved. Used by permission.