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Text Excerpt
אין לי אלא שניסת לכהן. ניסת ללוי ולישראל, לכותי, לחלל, לממזר ולנתין – מניין? תלמוד לומר: ״ובת איש כהן״, אף על פי שאינה כהנת.
I have a source only for the case of a priest’s daughter who married a priest. From where do I derive that she is also liable to be executed by burning if she married a Levite or an Israelite, a Samaritan, a priest disqualified due to flawed lineage [ḥalal], a son born from an incestuous or adulterous relationship [mamzer], or a Gibeonite? The verse states: “And the daughter of a priest,” indicating that this halakha applies even if she is not now a priestess, having married a non-priest.
״היא״ בשריפה, ואין בועלה בשריפה. ״היא״ בשריפה, ואין זוממיה בשריפה.
It is derived from the verse: “She should be burned with fire,” that she is executed by burning, but her paramour is not executed by burning; his punishment is the same as that of one who engages in adulterous sex with the betrothed or married daughter of a non-priest. It is further derived from the word “she” that she is executed by burning, but witnesses who testified concerning her that she committed adultery and who were proven to be conspiring witnesses are not executed by burning.
רבי אליעזר אומר: את אביה בשריפה, ואת חמיה בסקילה.
The baraita concludes: R' Eliezer says: If she is with her father she is executed by burning, and if she is with her father-in-law she is executed by stoning, as the Talmud will explain below.
אמר מר: יכול אפילו חיללה שבת? חיללה שבת – בת סקילה היא!
§ After quoting this baraita, the Talmud now clarifies and discusses it. The Master said in the baraita: One might have thought that even one who desecrated Shabbat should be executed by burning. The Talmud asks: If she desecrated Shabbat she is liable to be executed by stoning, just like anyone else who desecrates Shabbat, so why would one think that because she is the daughter of a priest she should be executed by burning, a less severe type of capital punishment?