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Deuteronomy 22:26 - Innocent victim's divine protection?

Deuteronomy 22:26 - דברים 22:26

Hebrew Text

ולנער [וְלַנַּעֲרָה] לֹא־תַעֲשֶׂה דָבָר אֵין לנער [לַנַּעֲרָה] חֵטְא מָוֶת כִּי כַּאֲשֶׁר יָקוּם אִישׁ עַל־רֵעֵהוּ וּרְצָחוֹ נֶפֶשׁ כֵּן הַדָּבָר הַזֶּה׃

English Translation

but to the girl thou shalt do nothing; there is in the girl no sin worthy of death: for as when a man rises against his neighbour, and slays him, even so is this matter:

Transliteration

Velana'ar [velana'ara] lo-ta'ase davar ein lana'ar [lana'ara] chet mavet ki ka'asher yakum ish al-re'ehu ur'tzacho nefesh ken hadavar haze.

Hebrew Leining Text

<span class="mam-kq-trivial">וְלַֽנַּעֲרָ֙</span> לֹא־תַעֲשֶׂ֣ה דָבָ֔ר אֵ֥ין <span class="mam-kq-trivial">לַֽנַּעֲרָ֖</span> חֵ֣טְא מָ֑וֶת כִּ֡י כַּאֲשֶׁר֩ יָק֨וּם אִ֤ישׁ עַל־רֵעֵ֙הוּ֙ וּרְצָח֣וֹ נֶ֔פֶשׁ כֵּ֖ן הַדָּבָ֥ר הַזֶּֽה׃
וְלַֽנַּעֲרָ֙ לֹא־תַעֲשֶׂ֣ה דָבָ֔ר אֵ֥ין לַֽנַּעֲרָ֖ חֵ֣טְא מָ֑וֶת כִּ֡י כַּאֲשֶׁר֩ יָק֨וּם אִ֤ישׁ עַל־רֵעֵ֙הוּ֙ וּרְצָח֣וֹ נֶ֔פֶשׁ כֵּ֖ן הַדָּבָ֥ר הַזֶּֽה׃

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Parasha Commentary

Context and Source

The verse appears in Devarim (Deuteronomy) 22:26, within the context of laws concerning an engaged woman who is violated in the field. The Torah distinguishes between cases where the assault occurs in a city (where the woman is presumed to have been able to cry for help) and in a field (where she is presumed to have been unable to resist). This verse clarifies that the woman is entirely innocent in such a case and must not be punished.

Rashi's Explanation

Rashi (Devarim 22:26) emphasizes that the Torah compares this case to a murder victim—just as a murder victim is entirely blameless, so too is the assaulted woman in this scenario. He explains that the phrase "כִּי כַּאֲשֶׁר יָקוּם אִישׁ עַל־רֵעֵהוּ וּרְצָחוֹ נֶפֶשׁ" ("for as when a man rises against his neighbor and slays him") serves as a legal analogy: just as a murder victim bears no guilt, neither does the assaulted woman.

Rambam's Legal Perspective

In Mishneh Torah (Hilchot Na'arah Betulah 1:10), the Rambam codifies this law, stating that if a woman is assaulted in the field, she is exempt from punishment, as she is considered an anusah (a victim of coercion). The comparison to murder underscores that she had no ability to resist, just as a murder victim has no ability to defend against an attacker.

Midrashic Insight

The Sifrei (Devarim 243) elaborates on the comparison, teaching that just as a murder victim is entirely passive and without fault, so too is the woman in this case. The Midrash further notes that the Torah uses the term "לַנַּעֲרָה" ("to the girl") to emphasize her innocence and youth, reinforcing that she is not to be blamed.

Halachic Implications

  • The verse establishes that coercion absolves the victim of any culpability, a principle applied in other areas of Halacha.
  • The comparison to murder teaches that the assailant bears full responsibility, just as a murderer does.
  • The phrasing "אֵין לַנַּעֲרָה חֵטְא מָוֶת" ("there is in the girl no sin worthy of death") underscores that even if there were suspicions, they are irrelevant in this case.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Deuteronomy 22:26 mean?
A: Deuteronomy 22:26 teaches that if a girl is forced into a situation against her will (such as in the case discussed in the surrounding verses), she is not held responsible or punishable. The Torah compares this to someone who is attacked and killed—just as the victim is innocent, so too is the girl in this scenario. Rashi explains that the verse emphasizes her lack of culpability because she did not consent.
Q: Why is Deuteronomy 22:26 important in Jewish law?
A: This verse is important because it establishes a key principle in Jewish law: a person cannot be held accountable for something done to them against their will. The Talmud (Sanhedrin 73a) and Rambam (Hilchos Naarah Besulah 1:7) derive from this that coercion absolves responsibility. This applies to various areas of halacha, including moral and legal accountability.
Q: What can we learn from Deuteronomy 22:26 today?
A: We learn the Torah’s deep sensitivity to victims of wrongdoing. The verse teaches that true justice requires understanding circumstances—someone forced into a situation is not guilty. This principle influences Jewish ethics, emphasizing compassion and fairness, especially toward those who are vulnerable or wronged.
Q: How does Deuteronomy 22:26 apply to modern situations?
A: This verse applies today in cases where individuals face coercion or abuse. Jewish law, based on this verse, protects victims from blame when they are forced into actions against their will. Modern poskim (halachic decisors) reference this principle when addressing issues of consent, personal responsibility, and victim advocacy.