Sanhedrin

MISHNAH. HE WHO HAS INTIMATE CONNECTION WITH A BETROTHED MAIDEN IS NOT PUNISHED UNTIL SHE IS A NA' ARAH,  A VIRGIN, BETROTHED, AND IN HER FATHER'S HOUSE.  IF TWO MEN VIOLATED HER,  THE FIRST IS STONED, BUT THE SECOND IS STRANGLED. GEMARA. Our Rabbis taught: If a na'arah [damsel] that is a virgin be betrothed unto an husband;  na'arah excludes a bogereth;  'virgin' excludes one who is no longer a virgin; 'betrothed' excludes a nasu'ah; [because she hath wrought folly in Israel, to play the whore] in her father's house  — this excludes one whom her father has given over to her husband's messengers [to take to her new home]. Rab Judah said in Rab's name: This [our Mishnah] is R. Meir's view, but the Sages maintain that by a betrothed damsel even a minor  is understood.  R. Aha of Difti said to Rabina: Whence do we know that the Mishnah is as R. Meir only, the term na'arah excluding a minor too; perhaps it agrees even with the Rabbis, whilst na'arah is intended to exclude a bogereth, but none else? — He replied: If so, instead of saying: HE IS NOT PUNISHED UNTIL SHE IS A NA'ARAH, A VIRGIN, AND BETROTHED, the Mishnah should have said: He is punished only for a na'arah, a virgin, and a betrothed.  No further argument is possible! R. Jacob b. Ada asked of Rab: What if one has intimate connexion with a betrothed minor, according to R. Meir's view? Does he exclude a minor entirely,  or only from stoning?  — He replied: It is reasonable to assume that he excludes him only from stoning. But is it not written. [If a man be found lying with a woman married to a husband,] then they shall both of them die,  implying that they must both be equal?  Rab remained silent.  Samuel said: Why was Rab silent? He should have answered him: [It is written, But if a man find a betrothed damsel in the field …] then the man only that lay with her shall die. This question is disputed by Tannaim: Then they shall both of them die: this teaches that they must both be equal. That is R. Joshiah's view. R. Jonathan said: Then the man only that lay with her shall die.  And the other [R. Jonathan] — what does he deduce from 'then they shall both die'? — Raba answered: It excludes the mere whetting of one's lust.  But the other?  — He regards such excitation as of no consequence.  And the other [R. Joshiah] — how does he interpret 'alone'? — Even as it has been taught: If ten men cohabited with her, yet leaving her a virgin,  they are all stoned. Rabbi said: The first is stoned, but the others are strangled. Our Rabbis taught: And the daughter of any priest, if she profane herself [tehel]  by playing the whore.  — Rabbi said: It implies the first,  and thus it is also written, Then the man only that lieth with her shall die. What does this mean? — R. Huna the son of R. Joshua said: Rabbi agrees with R. Ishmael,  viz., that only in arusah, the daughter of a priest, is singled out for burning; but not a nesu'ah [who is strangled, just as an Israelite's daughter]. And this is what he says: If her first coition is adulterous [i.e., if she is an arusah at the time] she is burnt; otherwise she is stoned.  What is meant by 'and thus etc.'? — It is as there; just as there, Scripture refers to her first coition, so here too. R. Bibi b. Abaye said to him: The Master has not said thus (Who is it?  — R. Joseph), but that Rabbi agreed with R. Meir who held that if a priest's daughter married one who was unfit for her [and then committed adultery], she is strangled [instead of burnt],  and this is what Rabbi says: If her first profanation is through adultery, she is burnt; otherwise she is stoned.  Then what is meant by 'and thus etc.'?  —