Deuteronomy 22:26

26 Don't do anything to the woman. She hasn't committed a sin that is worthy of death. That case is like the case of someone who attacks and murders his neighbor.

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 Then you must take both of them to the gate of that town. You must put them to death by throwing stones at them. You must kill the woman because she was in a town and didn't scream for help. And you must kill the man because he had sex with another man's wife. Get rid of those evil people.
25 But suppose a man happens to see a woman out in the country. And she has promised to marry another man. But the man who happens to see her rapes her. Then only the man who has done that will die.
26 Don't do anything to the woman. She hasn't committed a sin that is worthy of death. That case is like the case of someone who attacks and murders his neighbor.
27 The man found the woman out in the country. And she screamed. But there wasn't anyone around who could save her.
28 Suppose a man happens to see a virgin who hasn't promised to marry another man. And the man who happens to see her rapes her. But someone discovers them.
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