Talmud sur Sanhédrin 7:14

There¹²²Mishnah Sanhedrin 7:15; Tosephta 10:8. From “Rebbi Yasa” to the end of the Halakhah, the text is also in Sanhedrin 7:14; the readings from there are noted ן., we have stated: “He who comes to a preliminarily married adolescent is guilty¹²³To be stoned, Deut. 22:24. The penalty for adultery (if the act is observed by two independent witnesses) is death by strangling. only if she was an adolescent, virgin, preliminarily married, in her father’s house¹²⁴As the Babli explains (Sanhedrin66b), the law does not apply if the girl had been delivered to the husband’s emissaries to be brought to his place for the final wedding.. If two came upon her, the first is stoned and the second strangled¹²⁵Since she was no longer a virgin..” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: That is Rebbi Meïr’s. But following the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “A lad” is written in the paragraph¹²⁶In the entire Pentateuch with the exception of Deut. 22:19, “girl” is written in the masculine form נער “a lad”. R. Meïr takes this as a restriction that the rules apply only to the adolescent in the strict sense. The rabbis take the spelling to mean that one deals with a girl that is not yet feminine, not yet sexually awakened. (Instead of postulating a unique Hebrew-Phoenician root נער III “youth”, the rabbis probably derive נער from the root עור “to awake”.). How do the rabbis explain “a lad”? Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written “a young woman”; this teaches that in the entire paragraph she is an adult¹²⁷Deut. 22:19; the case of the calumniator must deal also with the possibility that the wife is criminally responsible, as pointed out by R. Meïr. Therefore, נַעֲרָ in the context of sexual offenses must mean “underage and adolescent”.. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, “a lad” is written and she is an adult since a minor is not stoned¹²⁸Deut. 22:21. An underage person is not criminally responsible; the seduction of a minor is statutory rape. If the criminal sanctions do not apply, why should the rest of the rules apply to an underage girl?! What do the rabbis with this? Rebbi Abin said, explain it if he came to her as to a male¹²⁹The rapist is punished even if he uses the נַעֲרָ as if she were a נַעַר, without penetration..