Deuteronomy 22:25 - Field betrothal violation's harsh penalty?

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Hebrew Text

וְאִם־בַּשָּׂדֶה יִמְצָא הָאִישׁ אֶת־הנער [הַנַּעֲרָה] הַמְאֹרָשָׂה וְהֶחֱזִיק־בָּהּ הָאִישׁ וְשָׁכַב עִמָּהּ וּמֵת הָאִישׁ אֲשֶׁר־שָׁכַב עִמָּהּ לְבַדּוֹ׃

English Translation

But if a man find a betrothed girl in the field, and the man force her, and lie with her: then only the man that lay with her shall die:

Transliteration

Ve'im-basade yimtza ha'ish et-hana'ar [hana'ara] hame'orasah vehechezik-bah ha'ish veshavach imah umet ha'ish asher-shachav imah levado.

Hebrew Leining Text

וְֽאִם־בַּשָּׂדֶ֞ה יִמְצָ֣א הָאִ֗ישׁ אֶת־הַֽנַּעֲרָ֙ הַמְאֹ֣רָשָׂ֔ה וְהֶחֱזִֽיק־בָּ֥הּ הָאִ֖ישׁ וְשָׁכַ֣ב עִמָּ֑הּ וּמֵ֗ת הָאִ֛ישׁ אֲשֶׁר־שָׁכַ֥ב עִמָּ֖הּ לְבַדּֽוֹ׃

Parasha Commentary

Context in the Torah

This verse (Devarim 22:25) is part of the Torah's legal framework concerning cases of rape, specifically addressing a scenario where an engaged woman is assaulted in a secluded area (the field). The Torah contrasts this with a case where the assault occurs in a city (discussed in the previous verse), where different legal consequences apply.

Rashi's Explanation

Rashi (Devarim 22:25) emphasizes that the phrase "in the field" indicates a secluded place where the woman could not reasonably cry out for help. He contrasts this with the previous verse's urban setting, where her lack of protest would imply consent. Here, the Torah assumes her non-consent due to the isolated location, thus assigning full culpability to the attacker.

Halachic Implications from Rambam

Rambam (Hilchot Na'arah Betulah 1:9-10) derives from this verse that:

The death penalty applies only when there are witnesses who saw the act and warned the perpetrator (התראה).
The secluded location serves as evidence that the act was non-consensual, unlike in a city where her silence might imply consent.
The term "betrothed girl" (נערה המאורסה) refers specifically to a virgin who is engaged but not yet married.

Talmudic Analysis (Sanhedrin 73a)

The Talmud discusses this verse in the context of when one may violate Torah prohibitions to save a life. It derives from the phrase "and lay with her - and he shall die" that an observer must intervene, even killing the attacker if necessary, to prevent the rape. This establishes the principle of רודף (pursuer) in Jewish law.

Midrashic Insight (Sifrei Devarim 243)

The Midrash notes the Torah's emphasis on "only the man shall die" to teach that:

The woman is completely innocent in this scenario
No blame or suspicion should fall upon her
The attacker bears sole responsibility for his actions

Nachmanides' Additional Commentary

Ramban (Devarim 22:25) explains that the field's seclusion serves as the equivalent of witnesses testifying to her non-consent. He further notes that the Torah's harsh punishment reflects the severity of violating both another person and the sanctity of the marital bond (since she was betrothed).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 73a

The verse is discussed in the context of the laws regarding the betrothed maiden (na'arah me'orasah) and the circumstances under which the death penalty applies for rape in the field.

📖 Ketubot 51b

The verse is referenced in a discussion about the legal status and protections afforded to a betrothed maiden, particularly in cases of coercion.

Frequently Asked Questions

Q: What does Deuteronomy 22:25 mean?
A: Deuteronomy 22:25 discusses the case of a man who seizes and violates a betrothed young woman in the field. According to the Torah, only the man is held accountable and receives the death penalty, as the woman is presumed to have been forced and is therefore innocent. Rashi explains that the 'field' is mentioned because it is a secluded place where her cries for help would not be heard, indicating lack of consent.

Q: Why is the location (the field) important in this verse?
A: The location (the field) is significant because it implies that the woman could not have been rescued or heard if she cried for help. The Talmud (Sanhedrin 57a) explains that the Torah specifies the field to teach that her lack of resistance does not imply consent—since no one was around to save her, she is presumed to have been forced.

Q: How does Jewish law determine consent in such cases?
A: Jewish law (based on this verse and Talmudic interpretation) assumes that if the incident occurred in a secluded place like a field, the woman did not consent, as she had no opportunity to call for help. The Rambam (Hilchot Na'arah Betulah 1:9) rules that if witnesses testify that she screamed and resisted, her innocence is further confirmed, but even without witnesses, the secluded location alone indicates coercion.

Q: Why does only the man receive punishment in this scenario?
A: The Torah holds only the man accountable because the circumstances (a secluded field) imply that the woman was forced and did not willingly participate. The Talmud (Ketubot 51b) emphasizes that a betrothed woman is considered under her father's or husband's protection, and any violation is treated as a severe crime against her and the sanctity of marriage.

Q: What lesson can we learn from this verse today?
A: This verse teaches the importance of justice for victims of assault and the Torah's careful consideration of circumstances. It also highlights the principle of 'innocent until proven guilty' for the woman, as the Torah assumes her innocence when evidence suggests coercion. Jewish ethics demand protecting the vulnerable and ensuring fair judgment, values that remain relevant today.