The Weekly Shtikle - Ki Setzei

This week's parsha deals with the proceedings with regards to a case of illicit relations with a betrothed girl or married woman. The betrothed girl must be at least 12 years old, without having shown complete signs of adulthood in order to be subject to these specific laws. Additionally, these laws only apply after the kiddushin (betrothal) stage and not after marriage.

 

There is an interesting discrepancy found in the pesukim dealing with these transgressions. With regards to the penalty of death delivered in the case of the betrothed girl (stoning), the Torah comments (22:21,24) "And you shall wipe out the evil from your midst." However, with regards to the death penalty in the case of ordinary adultery (strangulation), it is written (22:22) "And you shall wipe out the evil from Yisrael."

 

The Brisker Rav, R' Yitzchok Zev Soloveitchik, zt"l, offers an explanation. The gemara (Sanhedrin 57b) teaches that a ben-Noach (gentile) who is found guilty of illicit relations with a Jew, which are applicable to gentiles is put to death in the same manner as any gentile who transgresses one of the seven gentile commandments, namely death by the sword. However, if he is found guilty of illicit relations with a Jew which are not applicable to gentiles, he is put to death in the same manner as a Jew who commits the same offense. The only such case, the gemara points out, is the case of the betrothed girl. From a halachic perspective, betrothal does not exist with regards to gentiles. Therefore, a gentile guilty of this offense (with a Jewish betrothed girl) is put to death by stoning, just like a Jew. When the Torah details these proceedings, it is written, "And you shall wipe out the evil from your midst," because this process applies to everyone. Since the concept of a married woman exists with gentiles, a gentile who is found guilty of adultery, even with a married Jewish woman, is given his own special death penalty. It is therefore written, "And you shall wipe out the evil from Yisrael," since the regular death penalty in this case is not applicable to gentiles.

Have a good Shabbos.

Eliezer Bulka
WeeklyShtikle@weeklyshtikle.com

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