Pisqa’ 243¹

1

“But, do nothing to the young lady” (Dt.22:26)—

This teaches that

the verse releases her from [the penalty of] execution.

How do I know that

it also [releases her from the obligation] to bring a sacrifice?²

The Teaching states:

“The young lady has committed no sin worthy of the death sentence” (Dt.22:26)—

[therefore, she has no obligation to make an offering

in absolution of such a sin].

How do I know that

the verse releases her as well from

the option of a judicial lashing?

The Teaching states:

“No sin worthy of the death sentence” (Dt.22:26).

2

“For that matter, should a man rise up intending only to strike his kinsman,

but he delivers instead a fatal wound” (Dt.22:26)—

this teaches that

any transgression of the Torah,

committed accidentally,

is released from penalty.

But one may save a victim

[from a murderous attack]

at the cost of [the attacker’s] life.

I might infer only that the rule

applies to this case [of the murderer].

On what basis do I know that it also applies

to someone pursuing his companion [intending] to kill him?

Or to someone pursuing a male [in order to sodomize him]? ³

The Teaching states:

“This is a comparable case” (Dt.22:26)—

[in which the victim is saved at the cost of the assailant’s life].

3

Is it possible to say that the same rule applies

even to someone chasing a beast [for sexual gratification],

or to one rushing off to desecrate the Sabbath,

or to another rushing off to engage in the rites of a foreign cult?⁴      

The Teaching states:

“This is a comparable case” (Dt.22:26)—

this refers to transgressions

that involve stoning.

But these others do not involve stoning.

4

“For he found her in the countryside” (Dt.22:27)—

is it possible to say that

she would be under liability

if the assault occurred in town,

but in the field, she has no liability?

The Teaching states:

“The betrothed young lady did, indeed, cry out, but there was none to save her” (Dt.22:27)—

Consider this:

if someone can, indeed, save her

[and she fails to cry out]—

whether in town or in the countryside—

she is held liable [for provoking the attack];

but if there is, in fact, none to save her

[and she failed to cry out]—

whether in town or in the countryside—

she has no liability.⁵

“She did . . . cry out” (Dt.22:27)—

this excludes the victim who says to witnesses—leave him be:

Words of R. Judah.⁶

1. H:248-249;JN2:163-164.
2. A Purification-offering.
3. = M. San. 8:7; // T. San. 11:10.
4. = M. San.8:7; // T. San.11:11.
5. Mechilta Ishmael, neziqin, 13.
6. // T. San. 11:11.