Sanhedrin

The Master said: 'I might think that this applies even to the Profanation of the Sabbath.' But if she profaned the Sabbath, must she not be stoned?  — Raba replied: This is taught according to R. Simeon, who regards burning a severer penalty.I might think that since the Divine Law has in general been stricter with the priests [than with the Israelites], giving them an additional number of precepts, therefore the priest's daughter [if she profaned the Sabbath] should be burnt; hence we are taught that this verse applies only to profanation by whoredom. But why should she differ from a priest himself?  — I would think that a priest is punished more leniently, because he is permitted to work on the Sabbath in the sacrificial service;  but since a priest's daughter is not so permitted, her punishment should be stoning. We are therefore taught otherwise. 'I might think that this applies even to an unmarried woman. But does not the Writ state: 'by playing the whore'? — This is taught on the view of R. Eliezer, who maintained: If an unmarried man cohabits with an unmarried woman without conjugal intent, he renders her a harlot. 'But perhaps "her father" is stated in order to exclude others?' — How then would you explain the verse? That she committed adulterous incest with her father! If so, why only a priest's daughter: does not the same apply to an Israelite's daughter? For [did not] Raba say: R. Isaac b. Abudimi said unto me: 'We learn identity of law from the fact that hennah [they] occurs in two related passages, and likewise zimmah [wickedness] in two'?  — The verse [she profaneth] is necessary. For I would think that this whole passage treats of incest with one's father, and the penalty of burning is prescribed here intentionally to obviate Raba's deduction.  Hence the deduction [from she profaneth]. 'The daughter of any priest: from this phrase I know the law only if she was married to a priest; if she was married to a Levite, Israelite, heathen, a profaned person, bastard, or a Nathin, whence do I know that the same applies? From the verse: And the daughter of a man who is a priest, which teaches that even if she is married to one who is not a priest the same applies.' But because she is married to one of these, is she no longer considered a priest's daughter? Moreover, does Scripture state … a priest's daughter married to a priest?  — I might think that since Scripture states, if she profane herself by playing the whore, the law deals only with one who now profanes herself for the first time;  but in these other cases where she was already profaned before [this law should not apply]. For, a Master stated: [The verse,] If the priest's daughter also be married unto a stranger, [she may not eat of an offering of the holy things]  teaches that if she cohabits with one who is unfit for her,  he disqualifies her [to eat of the holy food] — And [similarly] if she was married to a Levite or an Israelite, since Scripture also states, [But if a priest's daughter be a widow or divorced, and have no child] and is returned unto her father's her house, as in her youth, [she shall eat of father's meat, i.e., of the holy food],  it shows that as long as her husband [a Levite or Israelite] is alive, she must not eat of the holy food.  Hence I would think that she should not be burnt; therefore the verse teaches otherwise. Now this ruling [that even if married to a bastard, etc., she is burnt] does not agree with R. Meir's view. For it has been taught: If a priest's daughter, married to an Israelite, ate of terumah,  she must repay the principals but not the additional fifth.  [If she committed adultery] her penalty is burning. But if she was married to one unfit for her [e.g., a bastard, etc.] she must repay the principal and the added fifth, and her penalty is strangulation: this is the ruling of R. Meir. But the Sages hold that in both cases she must pay the principal but not the fifth, and her penalty is burning. 'R. Eliezer said: If with her father, she is burnt; if with her father-in-law, she is stoned.' What is meant by 'her father' and 'her father-in-law'? If we say 'her father' means [that she committed whoredom] with her father, and 'her father-in-law' [that she did so] with her father-in-law: why speak particularly of a priest's daughter; an Israelite's daughter too is thus punished — a daughter [for incest with her father] by burning, and a daughter-in-law by stoning? — But 'her father' means 'under her father's authority',  and 'her father-in-law' indicates 'under her father-in-law's authority'.  Whose view is this? If the Rabbis? Do they not maintain that a nesu'ah is excluded [from strangulation and punished] by burning, but not so an arusah [who is stoned]? If R. Simeon's? Does he not maintain that both an arusah and a nesu'ah are burnt? And if R. Ishmael's?  Does he not maintain that only an arusah is burnt, but not a nesu'ah, and accordingly, [when under the authority of] her father-in-law, she is strangled?  — Rabin sent a message in the name of R. Jose son of R. Hanina:  This is the explanation of the teaching.  Indeed it is in accordance with the Rabbis' views and this is its meaning: Where an adulterous woman's death is more lenient than that of her father for incest [with his daughter], that is in the case of an Israelite's daughter, who is a arusah, her punishment being strangulation;  then in the case of a priest's daughter, her punishment is the same as her father's, viz., burning; but where an adulterous woman's penalty is greater than her father's, that is in the case of an Israelite's daughter, who is an arusah, her punishment being stoning,  then in the case of a priest's daughter, her punishment is as that of her father-in-law for incest with her, viz., by stoning.  R. Jeremiah objected to this explanation: Does then the Baraitha state 'greater' or 'lesser'? But R. Jeremiah explained it thus: