Sanhedrin 51
אֵין לִי אֶלָּא שֶׁנִּיסֵּת לְכֹהֵן. נִיסֵּת לְלֵוִי וּלְיִשְׂרָאֵל, לְכוּתִי, לְחָלָל, לְמַמְזֵר וּלְנָתִין – מִנַּיִין? תַּלְמוּד לוֹמַר: ״וּבַת אִישׁ כֹּהֵן״, אַף עַל פִּי שֶׁאֵינָהּ כֹּהֶנֶת.
I have a source only for the case of a priest’s daughter who married a priest. From where do I derive that she is also liable to be executed by burning if she married a Levite or an Israelite, a Samaritan, a priest disqualified due to flawed lineage [ḥalal], a son born from an incestuous or adulterous relationship [mamzer], or a Gibeonite? The verse states: “And the daughter of a priest,” indicating that this halakha applies even if she is not now a priestess, having married a non-priest.
״הִיא״ בִּשְׂרֵיפָה, וְאֵין בּוֹעֲלָהּ בִּשְׂרֵיפָה. ״הִיא״ בִּשְׂרֵיפָה, וְאֵין זוֹמְמֶיהָ בִּשְׂרֵיפָה.
It is derived from the verse: “She shall be burned with fire,” that she is executed by burning, but her paramour is not executed by burning; his punishment is the same as that of one who engages in adulterous intercourse with the betrothed or married daughter of a non-priest. It is further derived from the word “she” that she is executed by burning, but witnesses who testified concerning her that she committed adultery and who were proven to be conspiring witnesses are not executed by burning.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: אֶת אָבִיהָ בִּשְׂרֵיפָה, וְאֶת חָמִיהָ בִּסְקִילָה.
The baraita concludes: Rabbi Eliezer says: If she is with her father she is executed by burning, and if she is with her father-in-law she is executed by stoning, as the Gemara will explain below.
אָמַר מָר: יָכוֹל אֲפִילּוּ חִילְּלָה שַׁבָּת? חִילְּלָה שַׁבָּת – בַּת סְקִילָה הִיא!
§ After quoting this baraita, the Gemara now clarifies and discusses it. The Master said in the baraita: One might have thought that even one who desecrated Shabbat should be executed by burning. The Gemara asks: If she desecrated Shabbat she is liable to be executed by stoning, just like anyone else who desecrates Shabbat, so why would one think that because she is the daughter of a priest she should be executed by burning, a less severe type of capital punishment?
אֲמַר רָבָא: הָא מַנִּי? רַבִּי שִׁמְעוֹן הִיא, דְּאָמַר שְׂרֵיפָה חֲמוּרָה. סָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל וְאַחְמֵיר בְּהוּ רַחֲמָנָא בְּכָהֲנֵי, דְּרַבִּי בְּהוּ מִצְוֹת יְתֵירוֹת – תִּידּוֹן בִּשְׂרֵיפָה! קָא מַשְׁמַע לַן.
Rava says: In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Shimon, who says that burning is more severe than stoning. It might enter your mind to say that since the Merciful One treats priests more stringently, in that He gave them additional mitzvot, the daughter of a priest should be punished for desecrating Shabbat by burning, which, according to Rabbi Shimon, is more severe than stoning. Therefore, the verse teaches us that with regard to the desecration of Shabbat, the daughter of a priest receives the same punishment as the rest of the Jewish people.
מַאי שְׁנָא מִינֵּיהּ דִּידֵיהּ?
The Gemara asks: In what way is she different from the priest himself? A priest who desecrates Shabbat is executed by stoning, so why would one have thought that the daughter of a priest should be punished by burning?
סָלְקָא דַּעְתָּךְ אָמֵינָא: אִיהוּ, דְּאִישְׁתַּרְיָא לֵיהּ שַׁבָּת לְגַבֵּי עֲבוֹדָה; הִיא, כֵּיוָן דְּלָא אִשְׁתַּרְיָא שַׁבָּת לְגַבַּהּ, אֵימָא תִּידּוֹן בִּשְׂרֵיפָה. קָא מַשְׁמַע לַן.
The Gemara answers: It might enter your mind to say that concerning the priest himself, the halakhot of Shabbat are less stringent, as acts that are forbidden on Shabbat are permitted to him with regard to the performance of the Temple service. Therefore, one might have thought that if a priest desecrates Shabbat in a manner that is forbidden to him, his punishment should not be more severe than that of a non-priest. But concerning her, the daughter of a priest, since acts that are forbidden on Shabbat are not permitted to her at all, as she does not perform the Temple service, one might say that she should be punished by burning, which is more severe. Therefore, the verse teaches us that this is not so.
יָכוֹל אֲפִילּוּ פְּנוּיָה? הָא ״לִזְנוֹת״ כְּתִיב!
The baraita teaches: One might have thought that even if she is unmarried and engages in promiscuous intercourse she should be executed by burning. The Gemara asks: Why might one think this? Isn’t it written in the verse: “When she profanes herself by playing the harlot [liznot]”? This term is referring to a sinful relationship such as adultery and not to the promiscuous intercourse of an unmarried woman.
כִּדְרַבִּי אֶלְעָזָר, דְּאָמַר: פָּנוּי הַבָּא עַל הַפְּנוּיָה שֶׁלֹּא לְשׁוּם אִישׁוּת – עֲשָׂאָהּ זוֹנָה.
The Gemara answers: The statement of the baraita is in accordance with the opinion of Rabbi Elazar, who says: An unmarried man who engages in intercourse with an unmarried woman, not for the purpose of marriage, has rendered her a zona, i.e., a woman who has engaged in intercourse with a man forbidden to her by the Torah. In the opinion of Rabbi Elazar, the term liznot is referring to any promiscuous intercourse.
אוֹ אֵינוֹ אוֹמֵר ״אָבִיהָ״ אֶלָּא לְהוֹצִיא אֶת כׇּל אָדָם? אֶלָּא מַאי נִיהוּ – שֶׁזִּינְּתָה מֵאָבִיהָ? מַאי אִירְיָא בַּת כֹּהֵן? אֲפִילּוּ בַּת יִשְׂרָאֵל נָמֵי!
The baraita teaches: Or perhaps one might have thought that the verse states “her father” only in order to exclude all men other than her father. The Gemara asks: Rather, what case is the verse referring to? Is it a case where she engaged in intercourse with her father? If so, why does the verse specifically mention the daughter of a priest? Even the daughter of a non-priest is executed by burning in such a case.
דְּאָמַר רָבָא: אֲמַר לִי רַב יִצְחָק בַּר אֲבוּדִימִי, אָתְיָא ״הֵנָּה״ ״הֵנָּה״.
The Gemara answers that the prohibition of and punishment for intercourse between a father and daughter are not stated explicitly in the Torah; rather, they are derived by means of two verbal analogies. As Rava said: Rav Yitzḥak bar Avudimi said to me: This prohibition is derived by means of a verbal analogy between the word henna in the verse: “The nakedness of your son’s daughter, or of your daughter’s daughter, their nakedness you shall not uncover; for theirs [henna] is your own nakedness” (Leviticus 18:10), and the word henna in a different verse: “You shall not uncover the nakedness of a woman and her daughter; you shall not take her son’s daughter, or her daughter’s daughter, to uncover her nakedness. They [henna] are near kinswomen; it is lewdness” (Leviticus 18:17). This verbal analogy indicates that just as it is prohibited to engage in intercourse with one’s granddaughter and with one’s wife’s daughter or granddaughter, so too, it is prohibited to engage in intercourse with one’s daughter.
אָתְיָא ״זִמָּה״ ״זִמָּה״.
Furthermore, it is derived from a verbal analogy between the word “lewdness” (Leviticus 18:17) and the word “lewdness” in the verse: “And if a man take with his wife also her mother, it is lewdness; they shall be burned with fire, both he and they, so that there be no lewdness among you” (Leviticus 20:14), that one who engages in intercourse with his daughter or granddaughter is liable to be executed by burning.
אִיצְטְרִיךְ, סָלְקָא דַּעְתָּךְ אָמֵינָא: קְרָא לְאַפּוֹקֵי מִדְּרָבָא, מִדְּגַלִּי רַחֲמָנָא בְּבַת כֹּהֵן וְלֹא בְּבַת יִשְׂרָאֵל. קָא מַשְׁמַע לַן.
Since the punishment for engaging in intercourse with one’s daughter is derived from a verbal analogy and is not stated explicitly, it was necessary for the verse to indicate that the daughter of a priest is liable to be executed by burning even if she commits adultery with a man who is not her father. Otherwise, it might enter your mind to say that the verse concerning the daughter of a priest is stated to exclude the statement of Rava in the following manner: From the fact that the Merciful One revealed this punishment explicitly with regard to the daughter of a priest and not with regard to the daughter of a non-priest, it may be derived that the punishment of burning does not apply to the daughter of a non-priest. Therefore, the verse teaches us through the expression “she profanes” that it is referring to a priest’s daughter who committed adultery with any man, and not just with her father.
בַּת כֹּהֵן – אֵין לִי אֶלָּא שֶׁנִּיסֵּת לְכֹהֵן. נִיסֵּת לְלֵוִי, לְיִשְׂרָאֵל, וּלְכוּתִי, וּלְחַלֵּל, לְנָתִין, וּלְמַמְזֵר מִנַּיִין? תַּלְמוּד לוֹמַר: ״בַּת אִישׁ כֹּהֵן״ – אַף עַל פִּי שֶׁאֵינָהּ כֹּהֶנֶת.
The baraita teaches: From the expression “the daughter of a priest,” I have a source only for the case of a priest’s daughter who married a priest. From where is it derived that she is also liable to be executed by burning if she married a Levite, an Israelite, a Samaritan, a ḥalal, a Gibeonite, or a mamzer? The verse states: “And the daughter of a priest,” indicating that this halakha applies even if she is not now a priestess.
מִשּׁוּם דְּאִינַּסְבָא לְהוּ לְהָנֵי, לָאו בַּת כֹּהֵן הִיא? וְתוּ, מִידֵּי ״כֹּהֶנֶת לְכֹהֵן״ כְּתִיב?
The Gemara asks: Because she married one of these men who are not priests, is she no longer the daughter of a priest? Why should her punishment be different in these cases? And furthermore, is it written: A priestess who married a priest? The verse refers only to the status of her father, not to that of her husband.
סָלְקָא דַּעְתָּךְ אָמֵינָא: כִּי ״תֵחֵל לִזְנוֹת״ אָמַר רַחֲמָנָא, הָנֵי מִילֵּי הֵיכָא דְּקָא מַתְחֲלָא הַשְׁתָּא, אֲבָל הָא, כֵּיוָן דְּקָא מַתְחֲלָא וְקָיְימָא מֵעִיקָּרָא.
The Gemara answers: It might enter your mind to say that when the Merciful One states: “When she profanes herself by playing the harlot,” it indicates that this matter applies only in a case where she profanes herself now by committing adultery. But in this case, where she is married to a non-priest, since she is already profaned from the outset, from the time of her marriage, the verse does not apply to her.
דְּאָמַר מָר: ״וּבַת כֹּהֵן כִּי תִהְיֶה לְאִישׁ זָר״, כֵּיוָן שֶׁנִּבְעֲלָה לְפָסוּל לָהּ – פְּסָלָהּ.
The Gemara clarifies: If she is married to a man of flawed lineage, she is already profaned. As the Master said, it is derived from the verse: “And if a priest’s daughter be married to a non-priest, she shall not eat of that which is set apart from the sacred” (Leviticus 22:12), that once she engaged in intercourse with one who is unfit for her, he has disqualified her from ever partaking of teruma.
לְלֵוִי וְיִשְׂרָאֵל נָמֵי, ״וְשָׁבָה אֶל בֵּית אָבִיהָ כִּנְעוּרֶיהָ״, מִכְּלָל דְּכִי אִיתֵיהּ גַּבֵּיהּ לָא אָכְלָה,
And if she is married to a Levite or an Israelite, she is also disqualified from partaking of teruma for as long as they are married; as the verse states: “But if a priest’s daughter is a widow, or divorced, and has no child, and returns to her father’s house, as in her youth, she may eat of her father’s bread” (Leviticus 22:13). By inference, while she is with her non-priest husband, she does not partake of teruma.
אֵימָא: לָא תִּידּוֹן בִּשְׂרֵיפָה. קָא מַשְׁמַע לַן.
Evidently, the marriage of the daughter of a priest to anyone who is not a priest involves some measure of profanation, and therefore one might say that she should not be punished by burning, the punishment unique to the daughter of a priest, if she committed adultery. Therefore, the verse teaches us that the punishment of execution by burning applies to any daughter of a priest, regardless of the status of her husband.
וּדְלָא כְּרַבִּי מֵאִיר, דְּתַנְיָא: בַּת כֹּהֵן שֶׁנִּיסֵּת לְיִשְׂרָאֵל וְאָכְלָה תְּרוּמָה – מְשַׁלֶּמֶת אֶת הַקֶּרֶן וְאֵינָהּ מְשַׁלֶּמֶת אֶת הַחוֹמֶשׁ, וּמִיתָתָהּ בִּשְׂרֵיפָה.
The Gemara adds: And this baraita is not in accordance with the opinion of Rabbi Meir. As it is taught in a baraita: With regard to a priest’s daughter who married an Israelite and then unwittingly partook of teruma, she pays the principal, as she partook of teruma to which she has no rights, but she does not pay the additional one-fifth, the fine paid by a non-priest who partakes of teruma unwittingly. This is because she is not completely disqualified from the priesthood; if she were to be widowed or divorced without children, it would again be permitted for her to partake of teruma. And, as befits the daughter of a priest, if she commits adultery, her death penalty is by burning.
נִיסֵּת לְאֶחָד מִן הַפְּסוּלִין – מְשַׁלֶּמֶת קֶרֶן וָחוֹמֶשׁ, וּמִיתָתָהּ בְּחֶנֶק. דִּבְרֵי רַבִּי מֵאִיר.
Rabbi Meir continues: But if she married one of the men who are unfit for her, e.g., a ḥalal, a mamzer, or a Gibeonite, and she unwittingly partook of teruma, she pays the principal and the additional one-fifth, as she is permanently disqualified from partaking of teruma. And similarly, if she commits adultery, her death penalty is by strangulation, like the daughter of a non-priest, as she is completely disqualified from the priesthood. This is the statement of Rabbi Meir.
וַחֲכָמִים אוֹמְרִים: זוֹ וָזוֹ מְשַׁלְּמוֹת קֶרֶן וְלֹא חוֹמֶשׁ, וּמִיתָתָן בִּשְׂרֵיפָה.
And the Rabbis say: Both this one, who married an Israelite, and that one, who married a man of flawed lineage, pay the principal and not the additional one-fifth, as they do not entirely forfeit their priesthood, and their death penalty is by burning, in accordance with the above baraita.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: אֶת אָבִיהָ – בִּשְׂרֵיפָה, וְאֶת חָמִיהָ – בִּסְקִילָה. מַאי אֶת אָבִיהָ וְאֶת חָמִיהָ?
The Gemara continues its analysis of the baraita, which teaches: Rabbi Eliezer says: If she is with her father she is executed by burning, and if she is with her father-in-law, she is executed by stoning. The Gemara asks: What is the meaning of the expressions: With her father, and: With her father-in-law?
אִילֵּימָא: אֶת אָבִיהָ – מֵאָבִיהָ, וְאֶת חָמִיהָ – מֵחָמִיהָ, מַאי אִירְיָא בַּת כֹּהֵן? אֲפִילּוּ בַּת יִשְׂרָאֵל נָמֵי! בִּתּוֹ – בִּשְׂרֵיפָה, וְכַלָּתוֹ – בִּסְקִילָה.
If we say that with her father means she engages in intercourse with her father, and with her father-in-law means she engages in intercourse with her father-in-law, why is this halakha stated specifically with regard to the daughter of a priest? Even in the case of the daughter of a non-priest the halakha is the same; in the case of one who engages in intercourse with his daughter, they are executed by burning, and in the case of one who engages in intercourse with his daughter-in-law, they are executed by stoning.
אֶלָּא, אֶת אָבִיהָ – בִּרְשׁוּת אָבִיהָ, וְאֶת חָמִיהָ – בִּרְשׁוּת חָמִיהָ.
Rather, the expression: With her father, means under her father’s authority, i.e., she is still betrothed and not married yet, and the expression: With her father-in-law, means under her father-in-law’s authority, i.e., she is married.
כְּמַאן? אִי כְּרַבָּנַן, הָאָמְרִי: נְשׂוּאָה יָצָאת לִשְׂרֵיפָה וְלֹא אֲרוּסָה. אִי כְּרַבִּי שִׁמְעוֹן, הָאָמַר: אַחַת אֲרוּסָה וְאַחַת נְשׂוּאָה בִּשְׂרֵיפָה.
The Gemara asks: In accordance with whose opinion is this statement? If it is in accordance with the opinion of the Rabbis, don’t they say that the married daughter of a priest who committed adultery is singled out for execution by burning, but not one who is betrothed? If it is in accordance with the opinion of Rabbi Shimon, doesn’t he say that both the betrothed daughter of a priest and the married one are executed by burning? The opinion of Rabbi Eliezer does not accord with either of these opinions.
וְאִי כְּרַבִּי יִשְׁמָעֵאל, הָאָמַר: אֲרוּסָה יָצָאת לִשְׂרֵיפָה, וְלֹא נְשׂוּאָה. אֶת חָמִיהָ – חֶנֶק הוּא!
And if it is in accordance with the opinion of Rabbi Yishmael (see 51b), doesn’t he say that only the betrothed daughter of a priest is singled out for execution by burning, but not one who is married? In his opinion, if the daughter of a priest is under the authority of her father-in-law, i.e., if she is married, her punishment is death by strangulation, like any other married woman who committed adultery.
שְׁלַח רָבִין מִשְּׁמֵיהּ דְּרַבִּי יוֹסֵי בְּרַבִּי חֲנִינָא: כָּךְ הִיא הַצָּעָה שֶׁל מִשְׁנָה, לְעוֹלָם כְּרַבָּנַן, וְהָכִי קָאָמַר: כֹּל שֶׁהִוא לְמַטָּה מִמִּיתַת אָבִיהָ – וּמַאי נִיהוּ? נְשׂוּאָה בַּת יִשְׂרָאֵל. דְּאִילּוּ נְשׂוּאָה בַּת יִשְׂרָאֵל בְּחֶנֶק, הָכָא בְּמִיתַת אָבִיהָ בִּשְׂרֵיפָה.
Ravin sent the following explanation in the name of Rabbi Yosei, son of Rabbi Ḥanina: This is the explanation [hatza’a] of this mishna, i.e., the baraita: Actually, it is in accordance with the opinion of the Rabbis. And this is what it is saying: With regard to any act of adultery whose punishment is less severe than the death penalty for one who engages in intercourse with her father, here, in the case of the daughter of a priest, she receives the death penalty of one who engages in intercourse with her father, namely, execution by burning. And what act of adultery carries a less severe punishment than intercourse with one’s father? It is the case of the married daughter of a non-priest; as the married daughter of a non-priest who committed adultery is executed by strangulation.
כֹּל שֶׁהִיא לְמַעְלָה מִמִּיתַת אָבִיהָ, וּמַאי נִיהוּ? אֲרוּסָה בַּת יִשְׂרָאֵל. דְּאִילּוּ אֲרוּסָה בַּת יִשְׂרָאֵל בְּעָלְמָא בִּסְקִילָה, הָכָא בְּמִיתַת חָמִיהָ בִּסְקִילָה.
With regard to any act of adultery whose punishment is more severe than the death penalty for one who engages in intercourse with her father, here, in the case of the daughter of a priest, she receives the death penalty of one who engages in intercourse with her father-in-law, namely, execution by stoning. And what case is it? It is the case of the betrothed daughter of a non-priest, as in general, the betrothed daughter of a non-priest who committed adultery is executed by stoning.
מַתְקֵיף לַהּ רַבִּי יִרְמְיָה: מִידֵּי ״לְמַעְלָה״ ״לְמַטָּה״ קָתָנֵי? אֶלָּא, אָמַר רַבִּי יִרְמְיָה:
Rabbi Yirmeya objects to this explanation: Does the baraita teach the words more and less? These words, central to this interpretation, are not mentioned at all. Rather, Rabbi Yirmeya says an alternative interpretation:
לְעוֹלָם כְּרַבִּי יִשְׁמָעֵאל, וְהָכִי קָאָמַר: אֶת אָבִיהָ – בִּרְשׁוּת אָבִיהָ, בִּשְׂרֵיפָה; וְאֶת חָמִיהָ – מֵחָמִיהָ, בִּסְקִילָה; וְכׇל אָדָם – בְּחֶנֶק.
Actually, Rabbi Eliezer’s statement is in accordance with the opinion of Rabbi Yishmael, and this is what he is saying: The expression: With her father, means under her father’s authority, i.e., she is still betrothed, and she is executed by burning if she commits adultery. And the expression: With her father-in-law, means that after getting married, she engages in intercourse with her father-in-law, and she is therefore executed by stoning. And if she commits adultery with any other man after getting married, she is executed by strangulation, like any other married woman.
אָמַר רָבָא: מַאי שְׁנָא? אוֹ אִידֵּי וְאִידֵּי מַמָּשׁ, אוֹ אִידֵּי וְאִידֵּי רְשׁוּת.
Rava says: What is different between the wording of the two clauses of Rabbi Eliezer’s statement that allows for them to be understood differently? Either explain this one and that one literally, i.e., that she engages in intercourse with her father or father-in-law, or explain this one and that one as referring to the authority of the father or father-in-law.
אֶלָּא אָמַר רָבָא: לְעוֹלָם כְּרַבִּי שִׁמְעוֹן, וְקָסָבַר רַבִּי אֱלִיעֶזֶר נְשׂוּאָה כַּאֲרוּסָה. מָה אֲרוּסָה חַד דַּרְגָּא מַסְּקִינַן לַהּ, מִסְּקִילָה לִשְׂרֵיפָה, אַף נְשׂוּאָה חַד דַּרְגָּא מַסְּקִינַן לַהּ, מֵחֶנֶק לִסְקִילָה.
Rather, Rava says: Actually, Rabbi Eliezer’s statement is in accordance with the opinion of Rabbi Shimon that burning is more severe than stoning, and Rabbi Eliezer holds that the halakha of the married daughter of a priest is comparable to that of the betrothed one. Just as with regard to the betrothed daughter of a priest we raise her punishment by one level vis-à-vis the betrothed daughter of a non-priest, from stoning to burning, so too, with regard to the married daughter of a priest, we raise her punishment by one level vis-à-vis the married daughter of a non-priest, from strangulation to stoning.
מַתְקֵיף לַהּ רַבִּי חֲנִינָא: הָא אִידֵּי וְאִידֵּי רַבִּי שִׁמְעוֹן בִּשְׂרֵיפָה קָאָמַר?
Rav Ḥanina objects to this explanation: Doesn’t Rabbi Shimon himself say that both in this case and in that case, i.e., whether she is betrothed or married, the daughter of a priest is executed by burning? His opinion cannot be interpreted contrary to his own statement.
אֶלָּא אָמַר רָבִינָא: לְעוֹלָם כְּרַבָּנַן, וְאֵיפוֹךְ – אֶת אָבִיהָ בִּסְקִילָה, וְאֶת חָמִיהָ בִּשְׂרֵיפָה. וְהַאי דְּקָאָמַר ״אֶת אָבִיהָ״ – סִירְכָא בְּעָלְמָא נָקֵט.
Rather, Ravina says: Actually, Rabbi Eliezer’s statement is in accordance with the opinion of the Rabbis, that the married daughter of a priest is executed by burning and the betrothed daughter of a priest is executed by stoning. And reverse the wording of Rabbi Eliezer’s statement as follows: When she is with her father, i.e., when she is betrothed, she is executed by stoning, and when she is with her father-in-law, i.e., when she is married, she is executed by burning. And the fact that the tanna states the phrase: With her father, instead of simply stating that she is betrothed, is because he was merely drawn to the common usage, i.e., the wording of the verse, and employed it.
אָמַר רַב נַחְמָן, אָמַר רַבָּה בַּר אֲבוּהּ, אָמַר רַב: הֲלָכָה כְּדִשְׁלַח רָבִין מִשְּׁמֵיהּ דְּרַבִּי יוֹסֵי בְּרַבִּי חֲנִינָא. אָמַר רַב יוֹסֵף: הִלְכְתָא לִמְשִׁיחָא?
Rav Naḥman says that Rabba bar Avuh says that Rav says: The halakha in this matter is in accordance with the explanation that Ravin sent in the name of Rabbi Yosei, son of Rabbi Ḥanina. Rav Yosef said in response: Does one issue a halakha for the messianic period? Since the destruction of the Temple, courts do not have the authority to adjudicate capital cases (see 52b), and this authority will be restored only once the Temple is rebuilt, in the messianic period. Therefore, what is the purpose of stating the halakha in this matter when it is not currently relevant?
אֲמַר לֵיהּ אַבָּיֵי: אֶלָּא מֵעַתָּה, שְׁחִיטַת קֳדָשִׁים לָא לִיתְנֵי? הִלְכְתָא לִמְשִׁיחָא! אֶלָּא, דְּרוֹשׁ וְקַבֵּל שָׂכָר. הָכָא נָמֵי, דְּרוֹשׁ וְקַבֵּל שָׂכָר.
Abaye said to him: If that is so, let the tanna not teach all the halakhot of the slaughter of sacrificial animals, i.e., tractate Zevaḥim, as it is entirely a halakha for the messianic period. Rather, one studies these halakhot due to the principle of: Study Torah and receive reward, i.e., one is rewarded for the study of Torah regardless of its practical applicability. Here too, study Torah and receive reward.
הָכִי קָאָמְרִי: הִלְכְתָא לְמָה לִי? סוּגְיָא דִּשְׁמַעְתָּא הֲלָכָה קָאָמַר.
Rav Yosef responded: This is what I meant to say: Why do I need the halakha with regard to this subject to be stated? Is a halakha stated in the discussion of Rabbi Eliezer’s statement? The statements of the amora’im are merely explanations of how to understand the wording of Rabbi Eliezer’s statement, but there is no difference between them with regard to the halakha.
מַאי רַבִּי יִשְׁמָעֵאל? דְּתַנְיָא: ״וּבַת [אִישׁ] כֹּהֵן כִּי תֵחֵל לִזְנוֹת״ – בְּנַעֲרָה וְהִיא אֲרוּסָה הַכָּתוּב מְדַבֵּר.
§ The Gemara discusses the opinion of Rabbi Yishmael that the betrothed daughter of a priest who committed adultery is executed by burning, whereas the married daughter of a priest who committed adultery is executed by strangulation. What is the source for the opinion of Rabbi Yishmael? It is as it is taught in a baraita: With regard to the verse: “And the daughter of a priest, when she profanes herself by playing the harlot” (Leviticus 21:9), the verse is speaking of a young woman who is betrothed.
אַתָּה אוֹמֵר בְּנַעֲרָה וְהִיא אֲרוּסָה, אוֹ אֵינוֹ אֶלָּא אֲפִילּוּ נְשׂוּאָה? תַּלְמוּד לוֹמַר: ״אִישׁ אֲשֶׁר יִנְאַף אֶת אֵשֶׁת רֵעֵהוּ מוֹת יוּמַת הַנֹּאֵף וְהַנֹּאָפֶת״. הַכֹּל הָיוּ בִּכְלַל ״הַנּוֹאֵף וְהַנּוֹאֶפֶת״. הוֹצִיא הַכָּתוּב בַּת יִשְׂרָאֵל בִּסְקִילָה וּבַת כֹּהֵן בִּשְׂרֵיפָה. מָה כְּשֶׁהוֹצִיא הַכָּתוּב אֶת בַּת יִשְׂרָאֵל לִסְקִילָה – אֲרוּסָה וְלֹא נְשׂוּאָה, אַף כְּשֶׁהוֹצִיא הַכָּתוּב בַּת כֹּהֵן לִשְׂרֵיפָה – אֲרוּסָה וְלֹא נְשׂוּאָה.
Do you say that it is referring only to a young woman who is betrothed, or that it is referring even to a married woman? The verse states: “And a man who commits adultery with another man’s wife, he who commits adultery with his neighbor’s wife, both the adulterer and the adulteress shall be put to death” (Leviticus 20:10). All adulterers were included in the category of: “The adulterer and the adulteress,” and were executed by strangulation, until the verse singled out the betrothed daughter of a non-priest for execution by stoning and the daughter of a priest for execution by burning. It is therefore derived that just as when the verse singles out the daughter of a non-priest for stoning the Torah states that the reference is to a woman who is betrothed and not married, so too, when the verse singles out the daughter of a priest for burning it is referring to a woman who is betrothed and not married.
זוֹמְמֶיהָ וּבוֹעֲלָהּ בִּכְלַל ״וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם וְגוֹ׳״.
The baraita continues: The conspiring witnesses concerning the daughter of a priest, and the paramour of the daughter of a priest, are included in the verse: “And you shall do to him as he conspired to do to his brother” (Deuteronomy 19:19).
בּוֹעֲלָהּ – מַאי ״כַּאֲשֶׁר זָמַם״ אִיכָּא? אֶלָּא: זוֹמְמֶיהָ בִּכְלַל מִיתַת בּוֹעֲלָהּ.
The Gemara interjects and asks: What reason is there for the punishment of “as he conspired” to be applied with regard to her paramour? Rather, the baraita should be read: Her conspiring witnesses are included in the death penalty of her paramour, i.e., they are executed by strangulation, which they sought to impose upon her paramour. They are not executed by burning, which is the death penalty that they sought to impose upon her.
מִשּׁוּם שֶׁנֶּאֱמַר: ״וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו״, וְלֹא לַאֲחוֹתוֹ. דִּבְרֵי רַבִּי יִשְׁמָעֵאל.
This is because it is stated: “And you shall do to him as he conspired to do to his brother,” which is interpreted to mean: “To his brother,” but not to his sister. This is the statement of Rabbi Yishmael.
רַבִּי עֲקִיבָא אוֹמֵר: אַחַת אֲרוּסָה וְאַחַת נְשׂוּאָה יָצָאת לִשְׂרֵיפָה. יָכוֹל אֲפִילּוּ פְּנוּיָה? נֶאֱמַר כָּאן ״אָבִיהָ״, וְנֶאֱמַר לְהַלָּן ״אָבִיהָ״. מָה לְהַלָּן זְנוּת עִם זִיקַת הַבַּעַל, אַף כָּאן זְנוּת עִם זִיקַת הַבַּעַל.
Rabbi Akiva says: Both the betrothed and the married daughter of a priest are singled out for execution by burning. One might have thought that even an unmarried daughter of a priest who engaged in promiscuous intercourse should be executed by burning. This is incorrect, as here it is stated: “Her father,” and there it is stated, with regard to a betrothed woman who committed adultery: “Her father” (Deuteronomy 22:21). It is derived through a verbal analogy that just as below, the reference is to the promiscuous intercourse of one who has a bond to a husband, so too here, the reference is to the promiscuous intercourse of one who has a bond to a husband.
אָמַר לוֹ רַבִּי יִשְׁמָעֵאל: אִי, מָה לְהַלָּן נַעֲרָה וְהִיא אֲרוּסָה, אַף כָּאן נַעֲרָה וְהִיא אֲרוּסָה.
Rabbi Yishmael said to him: If the halakha of a priest’s daughter who committed adultery is compared to the halakha of a betrothed woman who committed adultery, then it can be inferred that just as there the reference is specifically to a young woman who is betrothed, so too here, the reference is to a young woman who is betrothed. This serves as a proof for the opinion of Rabbi Yishmael, which is that only the betrothed daughter of a priest is executed by burning.
אָמַר לוֹ רַבִּי עֲקִיבָא: יִשְׁמָעֵאל אָחִי, ״בַּת״ ״וּבַת״ אֲנִי דּוֹרֵשׁ.
Rabbi Akiva said to him: Yishmael, my brother, I derive it from the fact that the verse could have stated: “The daughter of a priest,” but instead states: “And the daughter of a priest,” with the conjunction “and,” that married daughters of priests are also included in this punishment.
אָמַר לוֹ: וְכִי מִפְּנֵי שֶׁאַתָּה דּוֹרֵשׁ ״בַּת״ ״וּבַת״ נוֹצִיא זוֹ לִשְׂרֵיפָה? אִם מַשְׁמַע לְהָבִיא אֶת הַנְּשׂוּאָה, הָבֵיא אֶת הַפְּנוּיָה; וְאִם מַשְׁמַע לְהוֹצִיא אֶת הַפְּנוּיָה, הוֹצֵיא אֶת הַנְּשׂוּאָה.
Rabbi Yishmael said to him: And because you derive this from the difference between the term “the daughter” and the term “and the daughter,” we should take this married daughter of a priest out to be executed by burning? This derivation of yours is inconsistent, because if the conjunction “and” indicates the inclusion of the married daughter of a priest, then it should include the unmarried daughter of a priest too. And if it indicates the exclusion of an unmarried one, exclude the married one as well.
וְרַבִּי עֲקִיבָא, אַהֲנִי גְּזֵירָה שָׁוָה לְמַעוֹטֵי פְּנוּיָה, וְאַהֲנִי ״בַּת״ ״וּבַת״ לְרַבּוֹת אֶת הַנְּשׂוּאָה.
The Gemara asks: And how would Rabbi Akiva respond? The Gemara answers: According to Rabbi Akiva, the verbal analogy between the halakha of the daughter of a priest and the halakha of a betrothed woman serves to exclude the case of an unmarried daughter of a priest from execution by burning, and the distinction between the terms “the daughter” and “and the daughter” serves to include the case of a married woman.
וְרַבִּי יִשְׁמָעֵאל סָבַר: מִדְּקָאָמַר לֵיהּ ״בַּת״ ״וּבַת״, שְׁמַע מִינַּהּ הֲדַר בֵּיהּ מִגְּזֵירָה שָׁוָה.
And Rabbi Yishmael challenged Rabbi Akiva’s opinion because he thought that since Rabbi Akiva had said to him that a married woman is included due to the distinction between “the daughter” and “and the daughter,” it was possible to conclude from it that Rabbi Akiva had retracted his derivation from the verbal analogy, which would have included a married woman, and instead derived the halakha only from the conjunction “and” in the term “and the daughter.” But in fact, Rabbi Akiva combined this derivation with the verbal analogy.
וְרַבִּי יִשְׁמָעֵאל, הַאי ״בַּת״ ״וּבַת״ מַאי דָּרֵישׁ בֵּיהּ? מִיבְּעֵי לֵיהּ לְכִדְתָנֵי אֲבוּהּ דִּשְׁמוּאֵל בַּר אָבִין: לְפִי שֶׁמָּצִינוּ שֶׁחִלֵּק הַכָּתוּב בִּזְכָרִים בֵּין תְּמִימִים לְבַעֲלֵי מוּמִין, יָכוֹל נַחְלוֹק בִּבְנוֹתֵיהֶן? תַּלְמוּד לוֹמַר: ״בַּת״ ״וּבַת״.
The Gemara asks: And as for Rabbi Yishmael, what does he derive from this distinction between “the daughter” and “and the daughter”? The Gemara answers: He requires it for that which the father of Shmuel bar Avin taught in a baraita: Since we find that the verse differentiates with regard to male priests between unblemished priests and blemished priests, as only unblemished priests may perform the Temple service, one might have thought we should differentiate between their daughters as well, and rule that the daughter of a blemished priest should not be sentenced to execution by burning for adultery. Therefore, instead of stating: “The daughter,” the verse states: “And the daughter,” to include the daughter of a blemished priest.
וְרַבִּי עֲקִיבָא מִן ״הֵם מַקְרִיבִם וְהָיוּ קֹדֶשׁ״ נָפְקָא.
The Gemara asks: And from where does Rabbi Akiva derive this? The Gemara answers: He derives it from the verse: “They shall be holy to their God, and not profane the name of their God; for the offerings of the Lord, the bread of their Lord, they offer; and they shall be holy” (Leviticus 21:6). From the phrase “And they shall be holy” it is derived that all priests are considered holy, even if they cannot bring offerings in the Temple. Consequently, there is no difference in this regard between the daughter of a blemished priest and the daughter of an unblemished priest.
וְרַבִּי יִשְׁמָעֵאל, אִי מֵהַהִיא הֲוָה אָמֵינָא: הָנֵי מִילֵּי אִינְהוּ, אֲבָל בְּנוֹתֵיהֶן לָא. קָא מַשְׁמַע לַן.
The Gemara asks: And why does Rabbi Yishmael not derive this halakha from this verse? The Gemara answers: Rabbi Yishmael would say: If it were to be derived from that verse, I would say that this matter applies with regard to the priests themselves, who are considered holy even if they are blemished, but not with regard to their daughters. Therefore, the term “and the daughter” teaches us that the halakha with regard to the daughters of blemished priests is just like the halakha with regard to the daughters of unblemished priests.
וְרַבִּי יִשְׁמָעֵאל,
The Gemara asks: And as for Rabbi Yishmael,
