Talmud zu Sanhedrin 7:15

By money, from where? “After he acquires,” this tells you that she is acquired by money.¹¹Babli 2a. In rabbinic Hebrew, לקח means “to buy”. The Babli shows from Gen. 23:13 that לקח in biblical Hebrew may mean “to accept a deal involving money”. By the talmudic doctrine of invariability of lexemes in biblical language, the same meaning must apply in all cases. By marital relations, from where? “And has marital relations with her,” this tells you that she is acquired by intercourse¹²Babli 9b. Deut. 24:1: “After a man takes a wife and has marital relations with her” is the preamble to the rules of divorce. The verse is read to mean: “After a man buys and/or has marital relations with a woman, if he desires to terminate the relationship he is required to follow the rules of divorce.” Since there is no divorce without a preceding marriage, it follows that acquiring a wife by money and/or intercourse establishes marriage by biblical standards.. I would say, by both together. Money without intercourse and intercourse without money, from where? ¹³This elliptic statement is shortened from Ketubot 3:6 (Notes 88–92). The man who sleeps with a virgin preliminarily married to another man is stoned; one who sleeps with a married woman who is not a virgin is strangled. Since the verse mentions only intercourse, it is deduced that even if no money was given, the girl is legally bound to her husband and the seducer or rapist is executed for adultery. Rebbi Abbahu in the name of Rebbi Joḥanan, it is written: “If a man is found lying with a woman having had intercourse with her husband.” Think of it, even if he did only acquire her by intercourse, the one coming after him is [executed] by strangulation. Not only regular intercourse but even perverse¹⁴Sex play which leads to satisfaction without penetration and ejaculation.. Rebbi Abbahu in the name of Rebbi Joḥanan, it is necessary to mention perverse intercourse for if it were regular, why mention her husband¹⁵If the verse was simply intended to state that the punishment of the adulterer with a non-virgin is different from that with a virgin, it would not have mentioned “her husband”. The husband makes his wife a non-virgin even by perverse intercourse, any other man only by penetration.? As we have stated there¹⁶Mishnah Sanhedrin 7:15.: “If she was raped by two men, the first is stoned, the second strangled¹⁷If the first one penetrated her..”

As it was stated⁸⁸Sifry Deut. 241; Tosephta Sanhedrin 10:10.: “Living married to a husband⁸⁹Deut. 22:22. While the man sleeping with a preliminarily married girl is stoned, the adulterer with a woman who had lived with her husband while preliminarily married is strangled; Sifry Deut. 241.,” that includes one who had received her husband in her father’s house while preliminarily married; the one who comes after him is strangled. Not only a regular intercourse but even perverse⁹⁰Perverse intercourse is one which leaves the woman a virgin but leads to sexual satisfaction.. Rebbi Abbahu in the name of Rebbi Joḥanan; it is necessary to mention perverse intercourse for if it were regular, why mention her husband⁹¹As is implicit in the text here and made explicit in the Babli, Qiddušin 9b, the preliminarily married girl who had perverse relations with her husband is no longer a virgin in criminal law but any other man can remove her status of virgin only by penetration.? As we have stated: If she was raped by two men, the first is stoned, the second strangled⁹²Speaking of the virgin preliminarily married girl Deut. 22:23–27. The second man sleeps with a married woman who is not a virgin, Deut. 22:22.. The preliminarily married adolescent girl. If ten men came upon her perversely and then one regularly, they are all stoned⁹³The same statement in slightly different formulations in the Babli, Qiddušin 9b, Sanhedrin 66b, Yerushalmi Qidduṡin 1:1 (fol. 58b); Tosephta Sanhedrin 10:9.. If they all come upon her regularly, the first is stoned and the remainder strangled. If ten men “touched” her⁹⁴Their penises touched her genitals without injuring the hymen; cf. Yebamot 4:2, Note 59. and then one penetrated, they are all stoned. If they all penetrated, the first is stoned and the remainder strangled. A single girl. If ten men came upon her perversely and then one regularly, they all pay the fine. If they all come upon her regularly, the first is stoned and the remainder is free⁹⁵They are freed from the biblically imposed fine of the rapist; they still can be sued for claims of diminution of value and suffering.. If she chose one of them, the others were freed from the prohibition⁹⁶This sentence clearly refers to the prior case that all the men raping her are liable for the fine. In that case, all of them are required to marry her and forbidden to divorce her. But since a woman cannot have more than one husband, she may choose one of them. The others then do not infringe on the prohibition to divorce her since they cannot marry her.. If she said, he⁹⁷Her first choice among the rapists. is impossible, she repeatedly chooses. If he was married to her sister, he already is freed⁹⁸A man raping his wife’s sister cannot marry her (Lev. 18:18). He pays but does not marry her.. If she died, he is freed. If he died, one does not force the levir⁹⁹If the childless rapist dies before he marries his victim, there is no obligation on the levir to marry her since the rape is no marriage; it only creates an obligation of marriage..