“If a man is found” (Dt.22:22)—
as reported by witnesses.
“Bedding a married woman” (Dt.22:22)—
that is, any kind of bedding.
to include a woman who was already mounted
in her father’s house, while still betrothed.
“Then, indeed both of them shall die” (Dt.22:22)—
where the mode of execution mandated by the Torah is unspecified,
the sentence is assumed to be strangulation.2
“Both of them” (Dt.22:22)—
but not if they are engaged in the Deed of Herod,3
[which requires that the female partner already have died].4
When He says:
“Both of them (Dt.22:22)—
this includes anyone who happens along after them
[and also beds the woman].
“The man who beds the woman” (Dt.22:22)—
even if she is still a minor.
“And the woman” (Dt.22:22)—
even though she was mounted by a minor.
“And you shall expunge the evil from Israel” (Dt.22:22)—
expunge evil-doers from Israel.5
- Cf. Pisqa’ 155.1.
- Heb: ma`aseh herodes; i.e. necrophilia. RH’s test has: ma` aseh khidudim. rendered by Jastrow as “unnatural gratification.” The reference is explained at B.BB.3b according to a tradition that Herod had his Hasmonean wife embalmed in honey and preserved for his own sexual needs.
- See F:271, n.13.
- Cf. Pisqa’ot 155.1, 240.1, 241.1, 242.1.