1)

"Ki ba'Sadeh Metza'ah". Does this mean that in the field, she is always Patur and in town she is always Chayav?

1.

Sifra: No! The Torah writes "Tza'akah ha'Na'arah ha'Me'orasah" to teach us that the criterion is whether there are people there who could save her, in which case ? irrespective of the location - if she did not cry out for help, she is Chayav,and if she did, she is Patur. 1


1

Refer also to 22:27:2:3.

2)

How do we know that, if it occurred in the field, the girl cried out?

1.

Targum Yonasan and Rashbam: We don't know for sure; only, since it is a Safek, we give her the benefit of the doubt regarding the death sentence. The husband is nevertheless obligated to give her a Get - due to the possibility that she did not cry out and sinned willingly. 1

2.

Because she has a Chezkas Taharah. 2


1

See Na'ar Yonasan, citing R. Yosef Engel, who queries this.

2

See Na'ar Yonasan, citing R. Yosef Engel.

3)

Having stated "u'Meis ha'Ish ... Levado" in the previous Pasuk, why does the Torah add 've'la'Na'arah Lo Sa'Asei Davar"?

1.

Nedarim, 27a: To teach us the principle 'Oneis Rachmana Patreih' - Someone who is an Oneis 1 is absolved from punishment. 2


1

In a situation beyond his control. 1.

2

See Torah Temimah, note 18

4)

If the girl is Patur because she cried out but there was no-one to save her, why does the Torah mention a field?

1.

Rashi (in Mishpatim Sh'mos, 22:30): It only mentions a field because it is more common for a rape to take place there. 1

2.

Ramban: Refer to 22:24:1:2*.

3.

Torah Temimah (citing the Rambam): To teach us that, if the act took place in the field, the girl is assumed to have been raped, 2 until it is proven that she was a willing partner, whereas in the town she is assumed to have consented 3 until she proves that she was raped. 4


1

See Torah Temimah, note 190.

2

Because there is generally nobody there who heard her cries.

3

Because had she cried out, people would have herd her cries.

4

Refer also to 22:24:1:1**.

5)

What are the implications of "ve'Ein Moshi'a lah"?

1.

Rashi (in Pesachim, 25b): It implies that if there is someone to save her, he should do so at all costs 1 - even if it means taking the life of the rapist. 2

2.

Refer to 22:27:0.1:1.


1

Rashi: If he is unable to save her by removing one limb (of the rapist, such as a hand). See also Torah Temimah, note 191.

2

Refer to 22:26:1:2.

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