The Kollel replies:
It is wonderful to hear from you!
This is a very important question and for the moment I am going to give a short answer, but it requires a lot more thought.
1)
The verse (Devarim 25:2-3) states, "Your brother was ashamed before
your eyes," and Chazal say (see Makos 23a) that once he has been shamed
by receiving his punishment, he is again "your brother" and you must not
embarass him any more. So the Harugei Beis Din must not remain hanging
until the next morning since they have received their punishment and are
equal to everyone else while the immoral couple have not yet received a
punishment, and one of the purposes of the Torah's punishment is
certainly to shame the offenders.
2)
I found in the Sefer Divrei Shlomo (by Rav Shlomo Mohre, published in
1906) on Parshas Naso, top of page 35a, that he cites the Yad Yosef who
asks why it says "the man transgresses," not the woman. He answers with
the Gemara below on 10a where Rebbi Yochanan says that if a man is
immoral his wife will follow suit and also be immoral. But the problem
started with the husband.
3) I want to suggest a different answer to the second part of this question -- why does Rebbi Meir say "man transgresses"?
a)
The answer is based on Bereshis 5:2 which tells us that Hashem created
the male and female, blessed them "and called their name Adam." We learn
that the word "Adam" is a general name for both male and female. Our
Gemara uses the word "Adam" for the person who does the Aveirah, so this
can also mean that the woman transgressed.
b)
Another proof that the word "Adam" includes women is from Bereshit
9:16, "He who spills the blood of the Adam in Adam" is liable for
capital punishment. The Gemara in Sanhedrin 57b cites Rebbi Yishmael who
learns from this verse that Bnei Noach are liable for capital
punishment for abortion. This is becuase the fetus is an "Adam inside an
Adam," a person inside an Adam, namely his mother. We see again that a
woman is called "Adam."
c)
Further support to the idea that the word "Adam" used in our Gemara
refers to both man and woman is as follows. We find in several other
places in Shas that the phrase "Adam Over Aveirah" is used as it is
here. Berachos 28b states, "When 'Adam Over Aveirah' he says 'I hope
nobody will see me....'" Yoma 86b states, "When 'Adam Over Aveirah' for
the first time he is forgiven...."
In both of these Gemaras it is clear that it applies equally to a man as to a woman.
4)
Back to the source from Makos 23a that I cited in the first answer: I
can cite a slightly clearer phrase from Rashi in Shevuos 28a (DH Hasam
Ratz) who cites the Gemara in Makos 23a and uses the phrase כיון שנקלה אחיך הוא, "Once
he has been shamed he is your brother." But it is only after he has
already been shamed that we say that we cannot let him suffer more.
Dovid Bloom
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