## Sanhedrin Daf 73b

###### Sanhedrin 73b:1
[Sanhedrin 73b:1](https://torahapp.org/share/book/Sanhedrin/r/73b:1)

מִשּׁוּם דְּהַאי לָאו אוֹרְחֵיהּ הוּא, וְהָא קָא פָגֵים לַהּ. אֲבָל שְׁאָר עֲרָיוֹת דְּאוֹרְחַיְיהוּ, וְלָא נְפִישׁ פִּיגְמַיְיהוּ, אֵימָא לָא. כְּתַב רַחֲמָנָא ״חֵטְא״.

**William Davidson Edition - English:**
one might say that these two alone are saved at the cost of their respective attackers’ lives, **because for this one it is not his** natural **way, and that one he degrades. But** one who rapes one of the **other women with whom relations are forbidden, whose** natural **way** is to engage in intercourse with a man, **and their degradation is not great,** one might **say** that their attackers may **not** be killed. Therefore, **the Merciful One wrote “sin”** to include in this *halakha* the other women with whom relations are forbidden.


###### Sanhedrin 73b:2
[Sanhedrin 73b:2](https://torahapp.org/share/book/Sanhedrin/r/73b:2)

וְאִי כְּתַב רַחֲמָנָא ״חֵטְא״, הֲוָה אָמֵינָא אֲפִילּוּ חַיָּיבֵי לָאוִין. כְּתַב רַחֲמָנָא ״מָוֶת״.

**William Davidson Edition - English:**
**And had the Merciful One wrote** only **“sin,” I would say** that this applies **even to women who are forbidden** only **by** a mere **prohibition,** that they too are to be saved even at the cost of their attackers’ lives. Therefore, **the Merciful One wrote “death,”** to teach us that this *halakha* applies only to transgressions that are punishable by the death penalty.


###### Sanhedrin 73b:3
[Sanhedrin 73b:3](https://torahapp.org/share/book/Sanhedrin/r/73b:3)

וְאִי כְּתַב רַחֲמָנָא ״מָוֶת״, הֲוָה אָמֵינָא: חַיָּיבֵי מִיתוֹת בֵּית דִּין – אֵין, חַיָּיבֵי כָרֵיתוֹת – לָא. כְּתַב רַחֲמָנָא ״חֵטְא״.

**William Davidson Edition - English:**
**And had the Merciful One wrote** only **“death,” I would say** that **those** women who are forbidden to him by a prohibition the violation of which renders him **liable to a court**-imposed **death** penalty are **indeed** to be saved even at the cost of their attackers’ lives, as these are very serious sins, for which they are punished by the court. But those women who are forbidden to him by the type of prohibition the violation of which renders him **liable to** receive ***karet*,** a punishment from God, are **not** to be saved at the cost of their attackers’ lives. Therefore, **the Merciful One wrote “sin,”** to teach that this *halakha* applies even to prohibitions that are punishable by *karet*.


###### Sanhedrin 73b:4
[Sanhedrin 73b:4](https://torahapp.org/share/book/Sanhedrin/r/73b:4)

וְלִכְתּוֹב רַחֲמָנָא ״חֵטְא מָוֶת״, וְלָא בָּעֵי ״נַעַר״ וְ״נַעֲרָה״? אִין, הָכִי נָמֵי. וְאֶלָּא ״נַעַר״ ״נַעֲרָה״? חַד לְמַעוֹטֵי עוֹבֵד עֲבוֹדָה זָרָה, וְחַד לְמַעוֹטֵי בְּהֵמָה וְשַׁבָּת.

**William Davidson Edition - English:**
The Gemara challenges: **But let the Merciful One write** only **“sin worthy of death” and** it would **no** longer be **necessary** to specify ***na’ar*** and **“*na’ara*.”** The Gemara explains: **Yes,** this **is indeed so;** the words “sin worthy of death” suffice to include all those who are included in this *halakha*. **But *na’ar*** and **“*na’ara*”** are mentioned here not to include a case, but rather to exclude a case. **One** serves **to exclude someone who** seeks to **worship idols, and one** serves **to exclude** someone who seeks to sodomize **an animal or** desecrate **Shabbat,** teaching that these transgressors are not killed in order to prevent them from transgressing.


###### Sanhedrin 73b:5
[Sanhedrin 73b:5](https://torahapp.org/share/book/Sanhedrin/r/73b:5)

וּלְרַבִּי שִׁמְעוֹן בֶּן יוֹחַי, דְּאָמַר: עוֹבֵד עֲבוֹדָה זָרָה נִיתָּן לְהַצִּילוֹ בְּנַפְשׁוֹ, לְמָה לִי? חַד לְמַעוֹטֵי בְּהֵמָה, וְחַד לְמַעוֹטֵי שַׁבָּת.

**William Davidson Edition - English:**
The Gemara asks: **And according to** the opinion of **Rabbi Shimon ben Yoḥai, who says** that **an idol worshipper must be saved** from transgressing even **at** the cost of **his life, why do I** need the two terms *na’ar* and “*na’ara*”? The Gemara answers: **One** serves **to exclude** someone who seeks to sodomize **an animal, and one** serves **to exclude** someone who seeks to desecrate **Shabbat.**


###### Sanhedrin 73b:6
[Sanhedrin 73b:6](https://torahapp.org/share/book/Sanhedrin/r/73b:6)

סָלְקָא דַּעְתָּךְ אָמֵינָא: תֵּיתֵי שַׁבָּת מֵ״חִילּוּל״ ״חִילּוּל״ מֵעֲבוֹדָה זָרָה.

**William Davidson Edition - English:**
The Gemara explains why both are needed: It might **enter your mind to say** that the *halakha* with regard to one who desecrates **Shabbat** can be **derived from** the *halakha* with regard to **idol worship** by way of a verbal analogy between the word **“desecration”** mentioned in connection with Shabbat and the word **“desecration”** mentioned in connection with idol worship. Consequently, you might think that one who seeks to desecrate Shabbat must also be saved from transgressing even at the cost of his life. Therefore, a special derivation was necessary to teach that a potential Shabbat desecrator is not to be saved at the cost of his life.


###### Sanhedrin 73b:7
[Sanhedrin 73b:7](https://torahapp.org/share/book/Sanhedrin/r/73b:7)

וּלְרַבִּי אֶלְעָזָר בְּרַבִּי שִׁמְעוֹן, דְּאָמַר: מְחַלֵּל אֶת הַשַּׁבָּת נִיתָּן לְהַצִּילוֹ בְּנַפְשׁוֹ, דְּאָתְיָא שַׁבָּת מֵ״חִילּוּל״ ״חִילּוּל״ מֵעֲבוֹדָה זָרָה, מַאי אִיכָּא לְמֵימַר? חַד מִיעוּט לְמַעוֹטֵי בְּהֵמָה, וְאִידַּךְ – אַיְּידֵי דִּכְתַב רַחֲמָנָא ״נַעַר״, כְּתַב נָמֵי ״נַעֲרָה״.

**William Davidson Edition - English:**
The Gemara asks: **And according to** the opinion of **Rabbi Elazar, son of Rabbi Shimon, who says** that **one who** comes to **desecrate Shabbat must be saved** from transgressing even **at** the cost of **his life, because** the *halakha* with regard to one who desecrates **Shabbat** can be **derived from** the *halakha* with regard to **idol worship** by way of a verbal analogy between the word **“desecration”** mentioned in connection with Shabbat and the word **“desecration”** mentioned in connection with idol worship, **what is there to say?** The Gemara answers: **One exclusion** serves **to exclude** someone who seeks to sodomize **an animal; and** as for **the other, since the Merciful One wrote *na’ar*, He also wrote “*na’ara*.”** That is to say, the form in which the word is written in this verse and the form in which it is read do not teach two separate *halakhot*.


###### Sanhedrin 73b:8
[Sanhedrin 73b:8](https://torahapp.org/share/book/Sanhedrin/r/73b:8)

רַבִּי יְהוּדָה אוֹמֵר: אַף הָאוֹמֶרֶת ״הַנִּיחוּ לוֹ״ שֶׁלֹּא יַהַרְגֶנָּה. בְּמַאי קָמִיפַּלְגִי?

**William Davidson Edition - English:**
§ The *baraita* cited previously teaches: **Rabbi Yehuda** disagrees with the Rabbis and **says: Also, if** the betrothed young woman **says** to those who come to rescue her: **Let** the rapist **be,** she is saying this **so that he should not kill her,** and therefore the rapist is not killed. The Gemara asks: **With regard to what do they disagree?**


###### Sanhedrin 73b:9
[Sanhedrin 73b:9](https://torahapp.org/share/book/Sanhedrin/r/73b:9)

אָמַר רָבָא: בְּמַקְפֶּדֶת עַל פִּיגְמָהּ, וּמַנִּיחָתוֹ שֶׁלֹּא יַהַרְגֶנָּה. רַבָּנַן סָבְרִי: אַפִּיגְמָא קָפֵיד רַחֲמָנָא, וַהֲרֵי מַקְפֶּדֶת עַל פִּיגְמָהּ. וְרַבִּי יְהוּדָה: הַאי דְּקָאָמַר רַחֲמָנָא קַטְלֵיהּ – מִשּׁוּם דְּמָסְרָה נַפְשַׁהּ לִקְטָלָא. הָא לָא מָסְרָה נַפְשַׁהּ לִקְטָלָא.

**William Davidson Edition - English:**
**Rava says:** They disagree about the case **where** the young woman **is particular about the degradation** that she is to suffer as a result of the rape, **but** nevertheless she **allows him** to rape her **so that he should not kill her. The Rabbis maintain** that **the Torah is particular about her degradation,** which is why the rapist may be killed, **and she** too **is particular about her degradation. And Rabbi Yehuda** maintains **that the Merciful One says** that a rapist **must be killed because** his victim is prepared to **sacrifice her life** rather than yield to rape. The **woman** in **this** case, however, who asks that the rapist not be harmed, is not prepared to **sacrifice her life,** and therefore her rapist may not be killed.


###### Sanhedrin 73b:10
[Sanhedrin 73b:10](https://torahapp.org/share/book/Sanhedrin/r/73b:10)

אֲמַר לֵיהּ רַב פָּפָּא לְאַבָּיֵי: אַלְמָנָה לְכֹהֵן גָּדוֹל נָמֵי קָא פָגֵים לַהּ! אֲמַר לֵיהּ: אַפִּיגְמָא רַבָּה קָפֵיד רַחֲמָנָא, אַפִּיגְמָא זוּטָא לָא קָפֵיד רַחֲמָנָא.

**William Davidson Edition - English:**
**Rav Pappa said to Abaye:** If the reason that the rapist may be killed is the woman’s degradation, as claimed by the Rabbis, **a High Priest also degrades a widow** when he engages in intercourse with her, as he makes her a *ḥalala*, a woman who is disqualified from marrying a priest. Why then is she not saved even at the cost of her attacker’s life? Abaye **said to** Rav Pappa: **For a great** level of **degradation,** involving *karet* and potentially a child that is a *mamzer*, **the Merciful One is particular;** but **for a small** level of **degradation,** as in the case of a *ḥalala*, **the Merciful One is not particular.**


###### Sanhedrin 73b:11
[Sanhedrin 73b:11](https://torahapp.org/share/book/Sanhedrin/r/73b:11)

״חֵטְא״ – אֵלּוּ חַיָּיבֵי כָרֵיתוֹת. וּרְמִינְהוּ: וְאֵלּוּ נְעָרוֹת שֶׁיֵּשׁ לָהֶן קְנָס – הַבָּא עַל אֲחוֹתוֹ.

**William Davidson Edition - English:**
§ The *baraita* taught that the word **“sin”** is referring to women who are forbidden to a man by a prohibition the violation of which renders him **liable to** receive ***karet*.** From here it is derived that a man who attempts to rape a woman who is forbidden to him under penalty of *karet* may be killed. The Gemara **raises a contradiction** between this and what is taught in a mishna (*Ketubot* 29a): **These are the** cases of **young women for whom there is a fine** paid **to their** fathers by one who rapes them, and the list includes: **One who engages in intercourse with his sister.** One who engages in intercourse with his sister is punished with *karet*, and accordingly, a woman being raped by her brother may be saved even at the cost of her brother’s life. Whenever one is liable to be killed at the hands of people, even if the transgressor is not killed, the transgressor is exempt from paying any fine or payment. Therefore, since one attempting to rape his sister may be killed, he should be exempt from the fine ordinarily imposed upon a rapist.


###### Sanhedrin 73b:12
[Sanhedrin 73b:12](https://torahapp.org/share/book/Sanhedrin/r/73b:12)

אַמְרוּהָ רַבָּנַן קַמֵּיהּ דְּרַב חִסְדָּא: מִשְּׁעַת הַעֲרָאָה דְּפַגְמַהּ, אִיפְּטַר לֵהּ מִקְּטָלָא. מָמוֹנָא לָא מְשַׁלֵּם עַד גְּמַר בִּיאָה.

**William Davidson Edition - English:**
**The Sages stated** this solution **before Rav Ḥisda: From the time of the initial stage of intercourse, when he has** already **degraded her,** as she is considered to have engaged in intercourse from that time, **he is** already **exempt from being killed,** as it was taught in a *baraita* that once the sin has been committed, and the woman has been degraded, the rapist may no longer be killed. **But he does not** become obligated to **pay** any **money until the conclusion of** the act of **intercourse,** when the signs of her virginity are completely taken away. Since the two types of liability are not incurred simultaneously, there is no exemption from paying the fine.


###### Sanhedrin 73b:13
[Sanhedrin 73b:13](https://torahapp.org/share/book/Sanhedrin/r/73b:13)

הָנִיחָא לְמַאן דְּאָמַר: הַעֲרָאָה זוֹ נְשִׁיקָה, אֶלָּא לְמַאן דְּאָמַר: הַעֲרָאָה זוֹ הַכְנָסַת עֲטָרָה – מַאי אִיכָּא לְמֵימַר?

**William Davidson Edition - English:**
Rav Ḥisda said to those Sages: **This works out well according to the one who says** that the definition of **the initial stage of intercourse is a kiss,** i.e., external contact of the sexual organs, as it is inevitable that there will be some slight penetration. **But according to the one who said** that the definition of **the initial stage of intercourse is the insertion of the corona, what is there to say?** This stage takes away the woman’s virginity. From the time of the initial stage of intercourse she is no longer a virgin, and he becomes liable to pay the fine at the very moment that he may be killed in order to save him from his transgression.


###### Sanhedrin 73b:14
[Sanhedrin 73b:14](https://torahapp.org/share/book/Sanhedrin/r/73b:14)

אֶלָּא אָמַר רַב חִסְדָּא: כְּגוֹן שֶׁבָּא עָלֶיהָ שֶׁלֹּא כְּדַרְכָּהּ, וְחָזַר וּבָא עָלֶיהָ כְּדַרְכָּהּ.

**William Davidson Edition - English:**
**Rather, Rav Ḥisda says:** The mishna should be understood as referring to a case **where** the brother first **engaged in intercourse with** his sister in **an atypical** manner, i.e., anal intercourse. With this intercourse he degraded her, but she is still considered a virgin. Afterward, **he again engaged in intercourse with her in a typical** manner. Only at that point did he become liable to pay the fine paid by one who engaged in intercourse with a virgin and took away her virginity. But he could not then be killed, as she had already been degraded, so there is no exemption from the fine.


###### Sanhedrin 73b:15
[Sanhedrin 73b:15](https://torahapp.org/share/book/Sanhedrin/r/73b:15)

רָבָא אָמַר: בְּמַנִּיחָתוֹ, שֶׁלֹּא יַהַרְגֶנָּה, וְרַבִּי יְהוּדָה הִיא.

**William Davidson Edition - English:**
**Rava says:** The mishna is referring to a case **where** the sister **allows** her brother to rape her and asks that he not be harmed **so that he should not kill her, and it is** taught in accordance with the opinion of **Rabbi Yehuda,** who says that in such a case she is not to be saved at the cost of her brother’s life.