Deuteronomy 22:26

26 You shall do nothing to the young woman; the young woman has not committed an offense punishable by death, because this case is like that of someone who attacks and murders a 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.

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FOOTNOTES:

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

Deuteronomy 22:26 In-Context

24 you shall bring both of them to the gate of that town and stone them to death, the young woman because she did not cry for help in the town and the man because he violated his neighbor's wife. So you shall purge the evil from your midst.

25 But if the man meets the engaged woman in the open country, and the man seizes her and lies with her, then only the man who lay with her shall die.

26 You shall do nothing to the young woman; the young woman has not committed an offense punishable by death, because this case is like that of someone who attacks and murders a neighbor.

27 Since he found her in the open country, the engaged woman may have cried for help, but there was no one to rescue her.

28 If a man meets a virgin who is not engaged, and seizes her and lies with her, and they are caught in the act,