Talmud - Sanhedrin 66b סנהדרין ס״ו ב׳

What halakha can be derived from the seemingly superfluous second letter lamed, which renders the expression: “You shall not curse [tekallel]”? Conclude from it that this expression includes two prohibitions: A prohibition against cursing God and a prohibition against cursing a judge.

MISHNA: One who engages in intercourse with a betrothed young woman is not liable to be executed by stoning unless she is a young woman, i.e., neither a minor nor an adult; a virgin; betrothed but not yet married; and she lives in her father’s home, having yet to move in with her husband. If two men engaged in intercourse with her, the first is liable to be executed by stoning, and the second is liable to be executed by strangulation. The second man is executed in this manner in accordance with the halakha of one who engages in intercourse with a married or non-virgin betrothed woman, as she was no longer a virgin when he engaged in intercourse with her.

GEMARA: The Sages taught with regard to the conditions stated in the mishna: The punishment of stoning applies only if the woman is a young woman, a category that applies until she is approximately twelve-and-a-half years of age, but not a grown woman. She must be a virgin but not a non-virgin. She must be betrothed but not married. She must be living in her father’s home, excluding a case where the father transferred his daughter to the husband’s agents to bring her to her husband’s home for the purpose of marriage; in such a case, even though she has not arrived there yet, she is already considered a married woman according to halakha.

Rav Yehuda says that Rav says: This mishna is the statement of Rabbi Meir, who holds that the halakha of a betrothed young woman applies to a young woman of the intermediate age between minority and adulthood. But the Rabbis say: Even a minor is included in the term: A betrothed young woman; only a grown woman is excluded.

Rav Aḥa of Difti said to Ravina: From where is it indicated that the mishna is in accordance with the opinion of Rabbi Meir, and the specification that she must be a young woman is not only to the exclusion of a grown woman but also to the exclusion of a minor girl? Perhaps the mishna is in accordance with the opinion of the Rabbis, and the condition that she must be a young woman is to the exclusion of a grown woman and nothing more. Accordingly, one who engages in intercourse with an engaged minor girl is liable to be executed by stoning.

Ravina said to him: This expression in the mishna: Is not liable unless she is [ad shetehe] a young woman, a virgin, betrothed, does not suit your suggested explanation. If the mishna is merely excluding a grown woman, it should have stated: Is liable only for engaging in intercourse with a young woman who is a virgin and betrothed. The expression ad shetehe indicates: Until she becomes, i.e., this halakha does not apply until she reaches the age of a young woman. And there is nothing more to be said on the matter, as this is clearly the intention of the mishna.

Rabbi Ya’akov bar Adda asked Rav: In the case of a man who engaged in intercourse with a betrothed minor girl, what is the halakha according to the opinion of Rabbi Meir? Does Rabbi Meir exclude him from punishment entirely, or does he exclude him merely from stoning but he is executed by strangulation, like one who engages in intercourse with any other married woman? Rav said to him: It stands to reason that Rabbi Meir excludes him from stoning alone, but he is liable to be executed by strangulation.

Rabbi Ya’akov bar Adda raised an objection to this answer: But isn’t it written: “If a man is found lying with a woman married to a husband, then they shall both die, the man who lies with the woman, and the woman” (Deuteronomy 22:22), indicating that this punishment does not apply unless they are both equally subject to punishment? If so, one who engages in intercourse with a betrothed minor girl is exempt, as she is not halakhically competent. Rav remained silent and did not answer him.

Shmuel says: What is the reason that Rav remained silent? Why not say to Rabbi Ya’akov that his premise is repudiated by the verse: “But if the man finds the betrothed young woman in the field, and the man takes hold of her, and lies with her, then the man who lay with her alone shall die” (Deuteronomy 22:25)? This verse proves that the punishment of stoning applies to the man even if the woman is exempt. The halakha of a man who engages in intercourse with a betrothed minor should be the same.

The Gemara answers that this matter is subject to a dispute between tanna’im, as is taught in a baraita: The verse states: “Then they shall both die” (Deuteronomy 22:22), indicating that this halakha does not apply unless they are both equally subject to punishment. If one of them cannot be punished, e.g., because he or she is a minor, the other is not executed either. This is the statement of Rabbi Yoshiya. Rabbi Yonatan says that the phrase from the verse “then the man who lay with her alone shall die” indicates that in some cases only one of them is liable to receive the death penalty.

The Gemara asks: And what does the other tanna, Rabbi Yonatan, who holds that this punishment applies even if only one party is subject to punishment, derive from the verse: “Then they shall both die”? Rava says: That verse is stated to exclude an act of sharpening, i.e., engaging in sexual contact with a woman without penetration. Since the man and woman do not equally receive pleasure from such an act, it is not considered sexual intercourse, and they are exempt. And the other tanna, Rabbi Yoshiya, holds that an act of sharpening is nothing; there is clearly no liability for such an act, and it is unnecessary to derive this halakha from the verse.

The Gemara asks: And what does the other tanna, Rabbi Yoshiya, who holds that they must be equally subject to punishment, derive from the verse “Then the man who lay with her alone shall die”?

The Gemara answers: He derives another halakha, as it is taught in a baraita: If ten men engaged in intercourse with a betrothed young woman, and she is still a virgin, as they engaged in anal intercourse with her, they are all liable to be executed by stoning. Rabbi Yehuda HaNasi says: The first of them is executed by stoning, and all the rest of them are executed by strangulation. Rabbi Yehuda HaNasi derives from the phrase in the verse “Then the man who lay with her alone shall die” that although the woman is still a virgin, only one man can be executed by stoning for engaging in intercourse with her. The others are executed by strangulation, in accordance with the halakha of one who engages in intercourse with a married woman or a betrothed non-virgin.

§ The Sages taught: The verse states: “And the daughter of any priest, if she profanes [teḥel] herself by playing the harlot, she profanes her father; she shall be burned with fire” (Leviticus 21:9). Rabbi Yehuda HaNasi says: The word teḥel means first [teḥila]; and likewise it says: “Then the man who lay with her alone shall die” (Deuteronomy 22:25).

The Gemara asks: What is Rabbi Yehuda HaNasi saying? Rav Huna, son of Rav Yehoshua, says: Rabbi Yehuda HaNasi holds in accordance with the opinion of Rabbi Yishmael, who says that only the betrothed daughter of a priest is singled out for execution by burning, but not one who is married; a married daughter of a priest who commits adultery is executed in the same manner as other women who commit adultery. And this is what Rabbi Yehuda HaNasi is saying: If a woman’s first act of sexual intercourse occurs when she commits adultery, as she is still betrothed, she is executed by burning; in another case, i.e., if she is already married and this is not the first time she engages in sexual intercourse, she is executed by strangulation.

The Gemara asks: What is the meaning of the end of Rabbi Yehuda HaNasi’s statement: And likewise it says: “Then the man who lay with her alone shall die”? What is the relevance of that verse to this issue? The Gemara answers: Rabbi Yehuda HaNasi means to say that the halakha here, in the case of a betrothed young woman who is the daughter of a priest, is like there. Just as there, with regard to a betrothed young woman who is not the daughter of a priest, the verse speaks of her first intercourse, here too, the verse speaks of her first intercourse.

Rav Beivai bar Abaye said to Rav Huna, son of Rav Yehoshua: My Master does not say, i.e., does not explain the statement of Rabbi Yehuda HaNasi, like that. The Gemara comments: And who is his Master? Rav Yosef.

Rather, he explains the statement of Rabbi Yehuda HaNasi as follows: Rabbi Yehuda HaNasi holds in accordance with the opinion of Rabbi Meir, who says: In the case of the daughter of a priest who married one of the men unfit for her, e.g., a mamzer, and committed adultery while married to him, her death sentence is administered by strangulation and not by burning.

And this is what Rabbi Yehuda HaNasi is saying: If she first profanes herself, i.e., disqualifies herself from the priesthood, by committing adultery, she is executed by burning, but in another case, where she was already disqualified from the priesthood by marrying a man unfit for her, she is executed by strangulation. And what is the meaning of the end of Rabbi Yehuda HaNasi’s statement: And likewise it says: “Then the man who lay with her alone shall die”?

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Sanhedrin 66b examines the legal criteria defining a betrothed young woman under stoning law and distinguishes penalties for successive acts of intercourse with her.