Deuteronomy 22:21 - Justice for marital betrayal?

Deuteronomy 22:21 - דברים 22:21

Hebrew Text

וְהוֹצִיאוּ אֶת־הנער [הַנַּעֲרָה] אֶל־פֶּתַח בֵּית־אָבִיהָ וּסְקָלוּהָ אַנְשֵׁי עִירָהּ בָּאֲבָנִים וָמֵתָה כִּי־עָשְׂתָה נְבָלָה בְּיִשְׂרָאֵל לִזְנוֹת בֵּית אָבִיהָ וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ׃

English Translation

then they shall bring out the girl to the door of her father’s house, and the men of her city shall stone her with stones that she die: because she has perpetrated wantonness in Yisra᾽el, to play the harlot in her father’s house: so shalt thou put evil away from among you.

Transliteration

Vehotziu et-hana'ar [hanara] el-petach beit-aviha uskaluha anshei irah ba'avanim vameta ki-aseta nevala beYisrael liznot beit aviha uviarta hara mikirbecha.

Hebrew Leining Text

וְהוֹצִ֨יאוּ אֶת־הַֽנַּעֲרָ֜ אֶל־פֶּ֣תַח בֵּית־אָבִ֗יהָ וּסְקָל֩וּהָ֩ אַנְשֵׁ֨י עִירָ֤הּ בָּאֲבָנִים֙ וָמֵ֔תָה כִּֽי־עָשְׂתָ֤ה נְבָלָה֙ בְּיִשְׂרָאֵ֔ל לִזְנ֖וֹת בֵּ֣ית אָבִ֑יהָ וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃ {ס}        

Parasha Commentary

Context and Overview

This verse (Devarim 22:21) describes the severe punishment for a na'arah me'orasah (a betrothed maiden) who is found guilty of adultery. The Torah mandates that she be brought to the entrance of her father's house and stoned by the men of her city for committing a grave sin—"wantonness in Israel"—by engaging in illicit relations while betrothed. The purpose of this punishment is to "remove the evil from your midst," emphasizing the communal responsibility to uphold moral sanctity.

Key Interpretations from Classical Sources

  • Rashi (Devarim 22:21): Rashi explains that the phrase "to play the harlot in her father’s house" refers to the severity of the sin—she violated the sanctity of her betrothal, which is akin to adultery. The public nature of the punishment at her father's doorstep serves as a deterrent and reinforces societal boundaries.
  • Rambam (Hilchot Ishut 1:4, Hilchot Sanhedrin 15:1-2): The Rambam clarifies that this law applies only to a betrothed woman (arusah) who willingly commits adultery, as she is already legally bound to her husband. The execution at her father's house underscores the familial and communal betrayal inherent in the act.
  • Talmud (Sanhedrin 45a): The Gemara discusses the procedural requirements for carrying out this punishment, emphasizing that it was exceedingly rare due to the stringent evidentiary standards (e.g., two valid witnesses, prior warning). The Sages viewed capital punishment as a last resort, highlighting the Torah's preference for repentance and restraint.

Moral and Communal Lessons

The verse underscores the Torah's emphasis on maintaining moral purity within the Jewish community. The phrase "to put evil away from among you" (Devarim 22:21) teaches that unaddressed immorality corrupts society. However, the Talmud (Makkot 7a) notes that a Sanhedrin that executed even one person in seventy years was called "destructive," reflecting Judaism's overarching value of life and the rarity of such punishments in practice.

Midrashic Insights

The Midrash (Sifrei Devarim 226) interprets the location of the execution—the entrance of her father's house—as symbolic. It suggests that her sin began with a failure of parental guidance, and thus, the punishment serves as a public reckoning for both the individual and her family. This aligns with the broader Torah principle that moral education begins at home.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 45a
The verse is discussed in the context of the laws regarding the execution of a betrothed maiden who committed adultery, emphasizing the procedure and the moral lesson of removing evil from the community.
📖 Sotah 8b
Referenced in the discussion of the laws pertaining to a woman suspected of adultery (Sotah), drawing parallels between different biblical punishments for sexual misconduct.

Frequently Asked Questions

Q: What does Deuteronomy 22:21 mean?
A: Deuteronomy 22:21 discusses the severe consequences for a betrothed woman who commits adultery in her father's house. According to traditional Jewish interpretation (Rashi, Sanhedrin 66b), this refers to a case where she was warned by witnesses and still violated the Torah's laws. The verse emphasizes the seriousness of maintaining moral purity in the Jewish community.
Q: Why is this verse important in Judaism?
A: This verse underscores the Torah's high standards for marital fidelity and moral conduct. The Rambam (Hilchot Ishut 1:1) explains that marriage is a sacred bond in Judaism, and violations of its sanctity undermine the foundation of Jewish family life. The severity of the punishment reflects how seriously the Torah views these values.
Q: How does this law apply today?
A: While capital punishment is not practiced today (Sanhedrin 52b discusses how these laws required a functioning Sanhedrin and Temple), the underlying principles remain relevant. The Shulchan Aruch (Even HaEzer 1) maintains that Jewish law still upholds strict standards of marital fidelity, though punishments are administered differently in contemporary halachic practice.
Q: What does 'put evil away from among you' mean?
A: Rashi explains this phrase means removing sinful influences from the Jewish community to maintain its spiritual purity. The Talmud (Sanhedrin 8a) teaches that when justice is properly administered, it has a cleansing effect on society. This concept is fundamental to Jewish thought about maintaining a holy nation.
Q: Why does the verse mention 'her father's house'?
A: The Talmud (Ketubot 46a) explains this emphasizes the severity of the sin - she violated Torah law in the very place where she should have been most protected and morally guided. The Midrash (Sifrei Devarim) notes this shows how betrayal in intimate relationships is particularly damaging to family and community trust.

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