Sifra 10.0.7

Kedoshim, Chapter 5

1) (Vayikra 19:20) ("And a man, if he lie with a woman, a lying of seed, and she be a maidservant, bound to a man, and redeemed she has not been redeemed, or freedom not been given to her — there shall be censure; they shall not die, for she was not freed.") "a man": to exclude a minor. I might think that I exclude one older than nine years and one day (even though he might be potent); it is, therefore, written "And a man" (connoting inclusion).

2) "if he lie with a woman": to exclude a minor (less than three years and one day, who is not fit for intercourse). "a lying of seed": to exclude peripheral (unconsummated) intercourse. "and she be a maidservant": I might think that Scripture is speaking of a Canaanite maidservant; it is, therefore, written "and redeemed," (which cannot apply to a Canaanite maidservant). If "and redeemed," I might think that she was entirely redeemed; it is, therefore, written "she was not redeemed." How is this to be understood — "redeemed and not redeemed"? Scripture is speaking of one who is half-maidservant, half-freed woman and betrothed to a Hebrew manservant. These are the words of R. Akiva. R. Yishmael says: Scripture is speaking of a Canaanite maidservant who is betrothed to a Hebrew manservant. If so, how is "redeemed she has not been redeemed" to be understood? Scripture speaks in the language of man. R. Elazar b. Azaryah says: All of the arayoth (forbidden women) have already been stated (to be free women), so that this one, which remains, must be half-maidservant, half-freedwoman, who is betrothed to a Hebrew manservant. Others say: (Scripture is speaking) of a Canaanite maidservant betrothed to a Canaanite manservant.

3) "and redeemed she has not been redeemed": through money or its equivalent. Whence is (the possibility of redemption by) writ (of emancipation) derived? From "or freedom not given to her," and elsewhere (Devarim 24:3): "And he shall write to her a writ of divorce" — Just as there, a writ; here, too, a writ. This tells me only that money effects half- (redemption [viz., "and redeemed she has not been redeemed"]), and that a writ (of emancipation) effects complete (redemption). Whence is it derived that a writ, too, can effect half-redemption? From "and redeemed she has not been redeemed, or freedom not been given to her" — Just as money can effect half- (redemption), so, a writ.

4) "there shall be censure": stripes. We are hereby taught that she receives stripes. I might think that he, too, receives stripes. It is, therefore, written (lit.,) "she shall be (censured.") — She receives stripes; he does not.

5) "they shall not die, for she was not freed": But if she were freed, they are liable to the death penalty. R. Shimon says in the name of R. Akiva: I might think that money consummates (her union with the manservant, so that both she and her consort are put to death); it is, therefore, written "they shall not die for she was not freed (by writ)" — The entire section is leading up to "she was not freed," whereby we are taught that only the writ (of emancipation) effects consummation.

6) (Vayikra 19:21) "And he shall bring his guilt-offering to the L–rd, to the door of the tent of meeting, a ram for a guilt-offering." It is written here "a ram for a guilt-offering," and, elsewhere (Vayikra 5:15) "a ram .. for a guilt-offering. Just as there, with shekels of silver, here, too, with shekels of silver.

7) (Vayikra 19:22) ("And the Cohein shall make atonement for him with the ram of the guilt-offering before the L–rd because of his sin which he has sinned, and it shall be forgiven him (of) his sin which he has sinned.") "And the Cohein shall make atonement for him with the ram of the guilt-offering before the L–rd because of his sin which he has sinned": We are hereby taught that he brings one offering for numerous acts of coitus (within the same time period). "and it shall be forgiven him (of) his sin which he has sinned": (What is the intent of this repetition?) To equate a deliberate sin with an inadvertent one (for purposes of bringing an offering).

8) (In the instance of) all the arayoth, a minor (i.e., a male of nine years of age and a female of three years of age) is equated with an adult (in making the adult partner liable for the death penalty); but with a maidservant, a minor maidservant is not equated with an adult (maidservant in making her partner liable for the death penalty [viz. Vayikra 5:2]).

9) (In the instance of) all the arayoth, peripheral intercourse is equated with consummated intercourse (vis-à-vis) the death penalty; but with a maidservant peripheral intercourse is not equated with consummated intercourse [viz. Vayikra 5:2]).

10) (In the instance of) all the arayoth, men are equated with women both in respect to stripes (for deliberate transgression) and in respect of (bringing) an offering (for unwitting transgression); but with a maidservant, she receives stripes and he does not, and she brings a guilt-offering and he does not. (In the instance of) all the arayoth, a sin-offering (is brought), and in that of a bound maidservant, a guilt-offering. (In the instance of) all the arayoth, there is liability (for a separate offering) for each act of coitus; but in that of a maidservant, there is liability for only one offering for many acts of coitus. (In the instance of) all the arayoth, deliberate transgression was not equated with unwitting transgression (vis-à-vis the obligation to bring an offering); but in that of a maidservant, deliberate transgression was equated with unwitting transgression.