More Discussions for this daf
1. Bas Sorer and Moreh 2. Sleeping in the Beis Midrash 3. Kidushin and Gerushin among Noahides
4. Ben Sorer Umoreh 5. Burning Mezuzos from an Ir ha'Nidachas
DAF DISCUSSIONS - SANHEDRIN 71

Shabtai Nacson asked:

The Posuk says Ben and not Bat, Rashi says if not for the Posuk, she would be killed (Tamuth Zakai and not Hyab)because she would committe zenuth whereas in the case of a man he would end up killing during attempt to steal. The question was asked by Rabbi Bennette she is not haybet metha even if she take the profession of a zonah ( it is assure but not metha)?

Shabtai Nacson, Mississauga, Canada

The Kollel replies:

The term "Nidon Al Shem Sofo" which is used with reference to a Ben Sorer u'Moreh cannot mean that we administer to him the punishment that he might eventually get, for a murderer is punished with the more lenient death of Sayaf and not Sekilah. In addition, the Gemara does not write that he will eventually become a murderer, but that he might become a "Listim," or bandit. The intention of the Gemara is simply that we fear that he will learn wicked ways, which will be bad for both him and for the rest of society. The same fear applies to a Bas, for the reason that Rashi gives.

D. Zupnik

Mark Bergman adds:

Please note that some of the Meforshim do discuss why he gets Sekilah for a

potential murder, e.g. Daas Zekenim MiBaalei Tosfos connects to Mekallel Oviv V'Imo, Sifsei

Chachomim says he might murder on Shabbos, etc. According to them, especially Sifsei Chachomim, the question would arise. Maybe we could say that she might come to do a znus that is Chayav Misa (e.g. with a relation etc) ?

Mark Bergman

Manchester UK

The Kollel replies:

Thank you, Mark. The Kollel in fact discussed the various opinions in the Rishonim about "Al Shem Sofo" in the Insights to Daf 72a.

According to those who say it the Ben Sorer will be Mekalel Aviv v'Imo, the same obviously applies to a girl. And according to the others, as you say, there is always the possibility that she will get married and then transgress the Isur of Eshes Ish. According to what we wrote there in the name of the Maharal in Gur Aryeh, it is clear that the same can apply to a girl.

Thanks,

M. Kornfeld