Talmud Bavli
Talmud Bavli

Commentary for Yoma 163:13

אלא ה"ז בא ללמד ונמצא למד מה נערה המאורסה ניתן להצילה בנפשו אף רוצח (כו') מה רוצח יהרג ואל יעבור אף נערה המאורסה יהרג ואל יעבור

why is it said: With all thy might?<span class="x" onmousemove="('comment',' Deut. VI, 5. The word 'meod', usually translated as 'might', is here interpreted as 'economic might', money.');"><sup>14</sup></span> And since it is said: 'With all thy might', why is it said: 'With all thy soul'? [I comes to tell you that]<span class="x" onmousemove="('comment',' Life is more important than 'money' or 'might'. Why then the mention of both? If one is commanded to love the Lord even with all one's soul, viz., so that one would surrender life in the service of Him, it is self-evident and therefore superfluous to mention the obligation to love Him with all one's money, viz.,to be willing to surrender one's possessions to Him.');"><sup>15</sup></span> if there be a man whose life is more cherished by him than his money, for him it is said: 'With all thy soul'; and if there be a person to whom his money is dearer than his life, for him it is sai 'With all thy might'.<span class="x" onmousemove="('comment',' Scripture takes account of people's idiosyncrasies, the Lord, Who gave the Torah to Moses, knoweth the heart of man.');"><sup>16</sup></span> Whence do we know it about incest and bloodshed? - Because it was taught: Rabbi said, For as when a man rises against his neighbor, and slayeth him, even so is this matter.<span class="x" onmousemove="('comment',' Deut. XXII, 26 referring to the rape of a betrothed maiden.');"><sup>17</sup></span> What matter do we infer for [the rape of] a betrothed maiden from a murderer? - Rather: What was meant to teach, learns itself:<span class="x" onmousemove="('comment',' Lit.,' Behold this one comes to teach and turns out a learner'. This passage is intended to throw light on another one, whereas it receives light therefrom.');"><sup>18</sup></span> Just as in the case of a betrothed maiden it is lawful to save her at the expense of his [the would-be raper's] life, thus also in the case of a murderer. And just as in the case of [an order to] shed blood one should rather be killed oneself than transgress [the prohibition of murder], thus also in the case of a [command to rape a] betrothed maiden, one should rather be killed than transgress [the prohibition of violating her].

Rashi on Yoma

Just as with the pregnant woman, permission is given – to the savior to save her from this rape with the life of this rapist. Kill him only until he comes upon her, as it is written: there is nobody to save her, and if there is a savior, they should save her any way possible.
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Rashi on Yoma

Let the murderer be killed and not transgress – if they said to him kill your fellow, and if you don’t I will kill you, let him be killed and not transgress as it is explained later (in the text)
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Rashi on Yoma

So too a betrothed woman – if they say “rape the woman who is engaged to your fellow or you will be killed," he should be killed. But she is not commanded to give up her life, because she does nothing. She is merely like the ground, the proof of the matter is Esther.
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