Thursday, November 29, 2018

conversion to judaism - Why does a Na'arah Me'orasah convert who has illicit relations not receive Skilah?


Kesuvos 4:3:



הַגִּיּוֹרֶת שֶׁנִּתְגַּיְּרָה בִתָּהּ עִמָּהּ, וְזִנְּתָה, הֲרֵי זוֹ בְּחֶנֶק. [...] הָיְתָה הוֹרָתָהּ שֶׁלֹּא בִקְדֻשָּׁה וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי זוֹ בִסְקִילָה. [...] הָיְתָה הוֹרָתָהּ וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי הִיא כְבַת יִשְׂרָאֵל לְכָל דָּבָר.


A women who converted with her daughter, and [the daughter] committed adultery [as a Na'arah with Kiddushin], she receives choking. [...] If [the daughter's] conception was not in holiness [i.e. the mother hadn't converted yet] but her birth was in holiness [i.e. the mother had converted already], she receives stoning. [...] If her conception and birth were [both] in holiness, she is like the daughter of a Yisrael for all matters.



The pesukim explicitly prescribe stoning as the penalty for adultery as a Na'arah (Devarim 22:20); however, as the Bartenura points out, this is only in the context of v. 21:




כי עשתה נבלה בישראל


For she has done this disgusting thing in Yisrael



which excludes a convert, who is not part of the general community.


Is this just a Gezeiras HaKasuv that a Na'arah convert doesn't receive stoning for adultery? Or is there a conceptual distinction between a convert and a born Jewess which explains this ruling?




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