Frequently Asked Questions
Q: What does Deuteronomy 22:23 mean?
A: This verse discusses the case of a betrothed virgin (na'arah me'orasah) who is found with another man in the city. The Torah is establishing the legal parameters for this situation, which is considered a serious offense because betrothal (erusin) in Jewish law is the first stage of marriage with binding legal consequences.
Q: Why does the Torah specify this happened 'in the city'?
A: Rashi explains that being 'in the city' implies there were people around who could have heard if she cried out for help. This becomes important in determining whether her encounter was consensual (which would make her liable) or if she was raped (which would make only the man liable). The Talmud (Sanhedrin 66b) discusses this distinction at length.
Q: What is the significance of her being a 'betrothed virgin'?
A: In Jewish law, betrothal (erusin) creates a sacred bond almost equivalent to marriage. The Rambam (Hilchos Naarah Besulah 1:1) explains that relations with a betrothed woman is considered adultery and carries severe consequences because she is legally bound to her husband-to-be, even though the marriage hasn't been fully consummated.
Q: How does this law apply today?
A: While the specific punishments mentioned in the Torah are not implemented today without a Sanhedrin (Jewish high court), the principles remain relevant. The sanctity of marriage relationships and the seriousness of adultery are eternal Jewish values. Modern halachic authorities still discuss these laws in contexts of engagement periods and marital boundaries.
Q: What's the difference between a betrothed woman and a married woman in this context?
A: The Talmud (Ketubot 57b) explains that while both cases involve severe prohibitions, there are differences in the legal consequences. A betrothed woman is in the first stage of marriage (erusin), while a fully married woman (nesuah) has additional protections and different legal status. However, relations with either another man is considered a grave sin.
Context in the Torah
This verse (Devarim 22:23) is part of a larger section in Parashat Ki Teitzei that discusses laws concerning betrothed women and prohibited relationships. The scenario describes a case where a betrothed virgin (נַעֲרָה בְתוּלָה מְאֹרָשָׂה) is found with another man in the city.
Rashi's Explanation
Rashi (Devarim 22:23) explains that the term "בָּעִיר" (in the city) implies a populated area where people could have heard her cries if she had resisted. This becomes legally significant because the subsequent verses distinguish between cases where the act was consensual (implied by silence in the city) versus non-consensual (as in a field, where her cries might not be heard).
Halachic Implications
Midrashic Insights
The Sifrei (Devarim 243) connects this law to broader themes of moral responsibility in Jewish society, noting that the Torah's detailed legal framework protects the sanctity of marital relationships. The emphasis on the "city" setting underscores the communal aspect of upholding moral standards.
Linguistic Analysis
The term "מְאֹרָשָׂה" (betrothed) is significant - as noted by Ibn Ezra, this refers specifically to the first stage of marriage (kiddushin) under Jewish law, distinct from full marriage (nissuin). The verse's legal consequences apply specifically during this intermediate stage.