Devarim 22:26

26 But unto the na’arah thou shalt do nothing; there is in the na’arah no chet mavet (sin worthy of death); for as when an ish riseth against his neighbor, and slayeth him, even so is this matter;

Devarim 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.

Devarim 22:26 In-Context

24 Then ye shall bring them both out unto the sha’ar of that town, and ye shall stone them with avanim that they die; the na’arah, because she cried not, being in the town; and the ish, because he hath humbled his neighbor’s isha; so thou shalt put away the rah from among you.

25 But if the ish find a na’arah hame’orasah (betrothed woman) in the sadeh, and the ish overpower her, and lie with her; then the ish only that lay with her shall die.

26 But unto the na’arah thou shalt do nothing; there is in the na’arah no chet mavet (sin worthy of death); for as when an ish riseth against his neighbor, and slayeth him, even so is this matter;

27 For he found her in the sadeh, and the na’arah hame’orasah cried, and there was no moshia (savior) for her [see 2C 11:2-3 regarding Moshiach and his Kehillah Kallah and Hasatan’s evil interference with the betrothal and the above three Scriptures T.N.].

28 If an ish find a na’arah that is a betulah, which is not orasah (betrothed), and lay hold on her, and lie with her, and they be found;