Kiddushin 10A

אמר רבי זירא: מודה רבי לענין קנס דכולהו משלמי. מאי שנא מקטלא? שאני התם, דאמר קרא: ״ומת האיש אשר שכב עמה לבדו״.

R' Zeira said: R' Yehuda HaNasi concedes with regard to the fine of a rapist and a seducer that they all pay this fine, and they are not exempt merely because their acts of sex were with a non-virgin. The Talmud asks: In what way is this case different from the death penalty? With respect to the death penalty they are punished as though they had sex with a betrothed non-virgin, and yet concerning the fine, they pay as though they had sex with a virgin. The Talmud answers: It is different there, with regard to capital punishment, as the verse states: “Then the man only who lay with her should die” (Deuteronomy 22:25), which indicates that only one man is executed for having sex with a virgin, and no more.

ורבנן האי ״לבדו״ מאי עבדי ליה? מיבעי להו לכדתניא, ״ומתו גם שניהם״⁠ – עד שיהיו שוין כאחד, דברי רבי אושעיא. רבי יונתן אומר: ״ומת האיש אשר שכב עמה לבדו״.

The Talmud asks: And the Rabbis, what do they do with this term “only”? The Talmud answers: They require it for that which is taught in a baraita. The verse states: “Then they should both of them die” (Deuteronomy 22:22). This indicates that this is not the case unless the two of them are equal, i.e., both deserve punishment. But if one of them cannot be punished, e.g., if he is a minor, the other is not executed either. This is the statement of R' Oshaya. R' Yonatan says that the verse: “Then the man only who lay with her should die,” indicates that in some cases only one of them is liable to receive the death penalty.