1)

Having already stated "u'Meis ha'Ish ... Levado", why does the Torah need to add "Ein la'Na'arah Chet Maves"?

1.

Sanhedrin, 73a: To teach us that one is permitted to kill someone who is chasing a fellow-Jew to kill him 1 or to rape him, or a Na'arah Me'urasah to rape her - in order to save the victim - whether it is a case of a. Chayvei Misos Beis-Din - "Na'ar" ("Na'arah" is spelt without a 'Hey, to read 'Na'ar) = 'Zeh Zachar' and "Na'arah" - 'Zu Na'arah ha'Me'urasah'; b. "Chet" - 'Eilu Chayvei Kerisos'. c. "Maves" - 'Eilu Chayvei Misos Beis-Din'. 2

2.

Yerushalmi Kesuvos, 3:9: To incorporate a man who rapes a betrothed girl who is a Ketanah ? to teach u that he is Chayav even though she is Patur. 3


1

Refer to 22:26:1:2.

2

The current ruling is confined to Chayvei Miysos and Chayvei Karis of Arayos. See Torah Temimah, note 185, citing Sanhedrin, who elaborates.

3

See Torah Temimah, note 186.

2)

What is the significance of the comparison of the Anusah (the girl who has been raped) to the victim of a murder?

1.

Rashi #1: To point out that a girl who is raped in a location where there are no witnesses is no less an Oneis than the victim of a murder and is therefore Patur.

2.

Rashi #2 (citing Sanhedrin 73a): The Torah is coming a. to compare the Anusah to the victim of a murder inasmuch as, just as regarding murder, one is obligated to give up one's life rather that transgress, so too, must one give up one's life rather than commit adultery or incest; 1 b. to compare the victim to the Anusah, inasmuch as just as one is obligated to save the Anusah even by killing the rapist if necessary, 2 so too, is one obligated to save the victim, even by killing the pursuer.

3.

Seforno: With reference to a girl who was initially raped but now wants the rapist to continue 3 and the Torah refers to her as an Anusah - just like the victim of a murder.


1

See Torah Temimah, note 189.

2

Refer to 22:27:3:1.

3

Seforno (citing Kesuvos, 51b): Even if she asks her rescuer to allow him to finish the act, she is considered Anusah, since the Yeitzer ha'Ra to continue was forced on her.

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