Not to punish one coerced into a sin: That we have been prevented from judging one who is coerced into doing a sin, which is to say that we should not punish any person for a thing that he does against his will. And about this is it stated (Deuteronomy 22:26), “But to the maiden you shall not do a thing, etc.” And this is a negative commandment that includes anyone that is coerced into doing a bad deed; that we should not punish him for it. And explicitly did they, of blessed memory, say (Sanhedrin 27a), “The Merciful One exempts the one coerced, as it states, ‘But to the maiden you shall not do a thing.’”
The root of this commandment is known to every person with intelligence — that it is not fitting to punish any creature for that which he does against his will [and] not for his own benefit.
From the laws of this commandment are what they, may their memory be blessed, said (see Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 20:2) that a court does not kill a person who transgresses out of coercion even one of the three sins that a person is to die for and not transgress — except for if he transgressed and had sexual relations with a forbidden partner; as this is not complete coercion, since there cannot be an erection without volition. But if a woman is coerced to have sexual relations, she is exempt. Even if after the rapist begins to rape her, she says, “Leave him alone,” she is [still] exempt, since it is her [evil] impulse that is overpowering her. And the rest of its details are there in Sanhedrin.
And this commandment is practiced in every place and at all times, that we are obligated not to give any punishment to one coerced. And one who transgresses this, and punishes one coerced, has violated this negative commandment and will “bear his iniquity.” But he does not receive lashes, as it is possible to transgress it without an act — for example, a judge who commanded to lash him or punish him in another manner, since the judge does not perform an act in the thing. And Ramban, may his memory be blessed, wrote (Shoresh 8 on Sefer HaMitzvot, Negative Commandments 294) that this negative precept is not a prevention (that we are commanded not to do something), but [rather] it is a negation, that exempts the raped maiden. And [about] that which they said in Sanhedrin, “The Merciful One exempts the one coerced” — this [choice of] expression is truly a proof that it is an exemption and not a [negative commandment].
שֶׁלֹּא לַעֲנֹשׁ הָאָנוּס בְּחֵטְא – שֶׁנִּמְנַעְנוּ שֶׁלֹּא לָדוּן מִי שֶׁהוּא אָנוּס בְּחֵטְא שֶׁיַּעֲשֶׂה, כְּלוֹמַר שֶׁאֵין לָנוּ לַעֲנֹשׁ שׁוּם אָדָם בְּדָבָר שֶׁיַּעֲשֶׂה אוֹתוֹ עַל כָּרְחוֹ, וְעַל זֶה נֶאֱמַר (דברים כב כו) וְלַנַּעֲרָה לֹא תַעֲשֶׂה דָבָר וְגוֹ'. וְזֶהוּ לָאו כּוֹלֵל כָּל מִי שֶׁהוּא אָנוּס בִּפְעֻלָּה רָעָה שֶׁיַּעֲשֶׂה שֶׁאֵין לָנוּ לַעֲנֹשׁ אוֹתוֹ בָּהּ, וּבְפֵרוּשׁ אָמְרוּ זִכְרוֹנָם לִבְרָכָה בְּמַסֶּכֶת סַנְהֶדְרִין (צ"ל נדרים כז א) אָנוּס רַחֲמָנָא פַּטְרֵהּ, שֶׁנֶּאֱמַר וְלַנַּעֲרָה לֹא תַעֲשֶׂה דָבָר.
Not to punish one coerced into a sin: That we have been prevented from judging one who is coerced into doing a sin, which is to say that we should not punish any person for a thing that he does against his will. And about this is it stated (Deuteronomy 22:26), “But to the maiden you shall not do a thing, etc.” And this is a negative commandment that includes anyone that is coerced into doing a bad deed; that we should not punish him for it. And explicitly did they, of blessed memory, say (Sanhedrin 27a), “The Merciful One exempts the one coerced, as it states, ‘But to the maiden you shall not do a thing.’”
שֹׁרֶשׁ מִצְוָה זוֹ. יָדוּעַ לְכָל בֶּן דַּעַת, שֶׁאֵין רָאוּי לַעֲנֹשׁ שׁוּם בְּרִיָּה בְּמָה שֶׁהוּא עוֹשֶׂה בְּעַל כָּרְחוֹ שֶׁלֹּא בְּטוֹבָתוֹ.
The root of this commandment is known to every person with intelligence — that it is not fitting to punish any creature for that which he does against his will [and] not for his own benefit.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (רמב"ם סנהדין פ"כ ה"ב) שֶׁאֲפִלּוּ עָבַר אָדָם בְּאֹנֶס עַל אַחַת מִשָּׁלֹשׁ עֲבֵרוֹת שֶׁאָדָם חַיָּב לֵהָרֵג עֲלֵיהֶן וְלֹא יַעֲבֹר אֵין בֵּית דִּין מְמִיתִין אוֹתוֹ עֲלֵיהֶן, זוּלָתִי אִם עָבַר וּבָא עַל הָעֶרְוָה שֶׁבָּזוֹ מְמִיתִין עָלֶיהָ, שֶׁאֵין זֶה אֹנֶס גָּמוּר לְפִי שֶׁאֵין קֹשִׁי אֶלָּא לְדַעַת, אֲבָל הָאִשָּׁה שֶׁנִּבְעֲלָה בְּאֹנֶס פְּטוּרָה, וַאֲפִלּוּ אִם אַחַר שֶׁהִתְחִיל הָאוֹנֵס לְאָנְסָהּ אָמְרָה הַנִּיחוּ לוֹ פְּטוּרָה, מִפְּנֵי שֶׁיִּצְרָהּ מִתְגַּבֵּר עָלֶיהָ. וְיֶתֶר פְּרָטֶיהָ, שָׁם בְּסַנְהֶדְרִין.
From the laws of this commandment are what they, may their memory be blessed, said (see Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 20:2) that a court does not kill a person who transgresses out of coercion even one of the three sins that a person is to die for and not transgress — except for if he transgressed and had sexual relations with a forbidden partner; as this is not complete coercion, since there cannot be an erection without volition. But if a woman is coerced to have sexual relations, she is exempt. Even if after the rapist begins to rape her, she says, “Leave him alone,” she is [still] exempt, since it is her [evil] impulse that is overpowering her. And the rest of its details are there in Sanhedrin.
וְנוֹהֶגֶת מִצְוָה זוֹ בְּכָל מָקוֹם וּבְכָל זְמַן, שֶׁאָנוּ מְחֻיָּבִים שֶׁלֹּא לַעֲנֹשׁ הָאָנוּס בְּשׁוּם עֹנֶשׁ. וְהָעוֹבֵר עַל זֶה וְעָנַשׁ הָאָנוּס עָבַר עַל לָאו זֶה וְנָשָׂא עֲוֹנוֹ, אֲבָל אֵין בּוֹ מַלְקוּת, לְפִי שֶׁאֶפְשָׁר לַעֲבֹר עָלָיו מִבְּלִי מַעֲשֶׂה, כְּגוֹן דַּיָּן שֶׁצִּוָּה לְהַלְקוֹתוֹ אוֹ שֶׁצִּוָּה לַעֲנֹשׁ אוֹתוֹ בְּעִנְיָן אַחֵר, שֶׁאֵין הַדַּיָּן עֹשֶׂה מַעֲשֶׂה בַּדָּבָר. וְהָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה כָּתַב (בשורש השמיני בספהמ"צ ל"ת רצד), שֶׁאֵין זֶה הַלָּאו מְנִיעָה, אֲבָל הוּא שְׁלִילוּת לִפְטוֹר הַנַּעֲרָה הָאֲנוּסָה, וְזֶהוּ שֶׁאָמְרוּ בְּסַנְהֶדְרִין אָנוּס רַחֲמָנָא פַּטְּרֵהּ זֶה הַלָּשׁוֹן בֶּאֱמֶת רְאָיָה שֶׁהוּא פָּטוּר, לֹא אַזְהָרָה.
And this commandment is practiced in every place and at all times, that we are obligated not to give any punishment to one coerced. And one who transgresses this, and punishes one coerced, has violated this negative commandment and will “bear his iniquity.” But he does not receive lashes, as it is possible to transgress it without an act — for example, a judge who commanded to lash him or punish him in another manner, since the judge does not perform an act in the thing. And Ramban, may his memory be blessed, wrote (Shoresh 8 on Sefer HaMitzvot, Negative Commandments 294) that this negative precept is not a prevention (that we are commanded not to do something), but [rather] it is a negation, that exempts the raped maiden. And [about] that which they said in Sanhedrin, “The Merciful One exempts the one coerced” — this [choice of] expression is truly a proof that it is an exemption and not a [negative commandment].