Pisqa’ 239185H:146-147;JN2:158 1. “But if this charge were true” (Dt.22:20). Now, I might infer only that the rule applies to conventional sexual practices.186Heb: kedarkah; literally, “in her way,” i.e., “in the normal fashion.” How do I know that the rule also applies to unconventional sexual practices?187Heb: shelo kedarkah; literally, “not in her way,” i.e., “not in the normal fashion.” The Teaching states: “If . . .it were true” (Dt.22:20)— [that she craved conventional practices, she is likely to have pursued others as well]. Is it possible to say that I can include penetration of the other place?188Heb: bi’ah bemaqom ‘akher;literally, “penetration from another place,” i.e., “anal penetration.” The Teaching states: “This charge” (Dt.22:20)— [the specification, this, warrants inclusion of any sort of penetration].
“And they shall bring the young lady out to the door of her father’s house” (Dt.22:21)— I might infer only that [the trial must be held] for a daughter with a living father, and for one whose father has a door to his house.189Cf. M. Ket.4:3. How do I know that [the rule also applies] if her father’s house has a door, but he is no longer living? The Teaching states: “And they shall bring the young lady out” (Dt.22:21)— whatever [her father’s circumstances may be]. If so, why is it specified: “To the door of her father’s house” (Dt.22:21)?— this is the proper procedure.
(דברים כב כ) וְאִם אֱמֶת הָיָה הַדָּבָר, אֵין לִי אֶלָּא כְּדַרְכָּהּ; שֶׁלֹּא כְּדַרְכָּהּ מִנַּיִן? תַּלְמוּד לוֹמַר: הָיָה. יָכוֹל שֶׁאֲנִי מְרַבֶּה בִּיאָה בְּמָקוֹם אַחֵר? תַּלְמוּד לוֹמַר: הַזֶּה.
Pisqa’ 239185H:146-147;JN2:158
1. “But if this charge were true” (Dt.22:20).
Now, I might infer only that
the rule applies to conventional sexual practices.186Heb: kedarkah; literally, “in her way,” i.e., “in the normal fashion.”
How do I know that
the rule also applies to unconventional sexual practices?187Heb: shelo kedarkah; literally, “not in her way,” i.e., “not in the normal fashion.”
The Teaching states:
“If . . .it were true” (Dt.22:20)—
[that she craved conventional practices,
she is likely to have pursued others as well].
Is it possible to say that
I can include
penetration of the other place?188Heb: bi’ah bemaqom ‘akher;literally, “penetration from another place,” i.e., “anal penetration.”
The Teaching states:
“This charge” (Dt.22:20)—
[the specification, this, warrants
inclusion of any sort of penetration].
לֹא נִמְצְאוּ בְתוּלִים לַנַּעֲרָה – אֵין עֵדִים לְהָזֵם עֵדָיו שֶׁל זֶה.
2. “And the young lady showed no signs of virginity” (Dt.22:20)—
that is, there are no witnesses to impugn
this guy’s testimony.
(דברים כב כא) וְהוֹצִיאוּ אֶת הַנַּעֲרָה אֶל פֶּתַח בֵּית אָבִיהָ, אֵין לִי אֶלָּא שֶׁיֵּשׁ לָהּ אָב וְיֵשׁ לָהּ פֶּתַח בֵּית אָב, יֵשׁ לָהּ פֶּתַח בֵּית אָב וְאֵין לָהּ אָב מִנַּיִן? תַּלְמוּד לוֹמַר: וְהוֹצִיאוּ אֶת הַנַּעֲרָה מִכָּל מָקוֹם. אִם כֵּן לָמָּה נֶאֱמַר אֶל פֶּתַח בֵּית אָבִיהָ? – מִצְוָה.
“And they shall bring the young lady out to the door of her father’s house” (Dt.22:21)—
I might infer only that
[the trial must be held]
for a daughter with a living father,
and for one whose father has a door to his house.189Cf. M. Ket.4:3.
How do I know that
[the rule also applies]
if her father’s house has a door,
but he is no longer living?
The Teaching states:
“And they shall bring the young lady out” (Dt.22:21)—
whatever [her father’s circumstances may be].
If so, why is it specified:
“To the door of her father’s house” (Dt.22:21)?—
this is the proper procedure.