It seems to me to contradict what principle there had been behind those who are killed by beis din not being left to hang until morning. The transgression couldn't be more repugnant per se than those of the herugi beis din. Isn't R. Meyer being specific to the case of the accused woman being exonerated, in that he says, "man transgresses," and woman not?
H David Levine, Roanoke, VA USA
David, it is wonderful to hear from an old friend after such a long time!
This is a very important question and for the moment I am going to give a very short answer but really it requires a lot of thought.
1) Devarim 25:2-3 states "your brother was ashamed before your eyes" and Chazal say (see Makos 23a just before the Mishnah) that once he has been ashamed by receiving his punishment he is again your brother and you must not embarass him any more. So the harugei beis din must not hang till the next morning since they have received their punishment and are equal to everyone else whilst the immoral couple have not yet received a punishment and one of the purposes of the Torah's punishment is certainly to ashame the offenders.
2) I found in the sefer Divrei Shlomo (by Rabbi Shlomo Mohre, published in 1906) on Parshas Naso, top page 35a, that he cites Yad Yosef who asks why it says "the man transgresses", not the woman. He answers with the Gemara below 10a where R. Yochanan said that if a man is immoral his wife will follow suit and also be immoral. But the problem started with the husband.
Wishing you a Healthy Summer
Dovid Bloom
Follow-up reply:
1) I want to try a different answer to the second part of this question; that why does R. Meir say "man transgresses"?
The answer is based on Bereshit 5:2 which tells us that Hash-m created the male and female, blessed them "and called their name Adam".
We learn that the word "Adam" is a general name for both male and female.
Our Gemara uses the word "Adam" for the person who does the aveirah so this can also mean that the woman transgressed.
2) Another proof that the word "Adam" includes women is from Bereshit 9:16; "He who spills the blood of the Adam in Adam" is liable for the capital penalty. The Gemara Sanhedrin 57b cites Rabbi Yishmael who learns from this verse that the sons of Noach are culpable of the capital penalty for abortion. This is becuase the fetus is an "Adam inside an Adam"; a person inside an Adam, namely his mother. We learn again that a woman is called Adam.
KOL TUV
Dovid Bloom
Further reply:
1) I just want to support what I wrote in the previous reply that the word "Adam" used in our Gemara refers to both man and woman. We find in a couple of other places in Shas that the phrase "Adam Oiver Aveirah" is used as it is here. Berachos 28b states "When an 'Adam oiver aveirah' he says 'I hope nobody will see me'". Yoma 86b states "When 'Adam is oiver aveirah' for the first time he is forgiven".
In both these Gemaros it is clear that it apllies equally to a man as a woman.
2) Back to the source from Makos 23a that I cited in the first answer. I can cite a slightly clearer phrase from Rashi Shevuos 28a DH Hatam Ratz who cites the Gemara Makos 23a and uses the phrase ???? ??÷?? ???? ??? "once he has been ashamed he is your brother". But it is only after he has already been ashamed that we say one cannot let him suffer more.
Dovid Bloom