Facilitators Of Crime

The Rambam (איסורי ביאה 12:10) says that a yisrael who has relations with a gentile woman, the gentile woman gets killed הֲרֵי זוֹ נֶהֱרֶגֶת מִפְּנֵי שֶׁבָּא לְיִשְׂרָאֵל תַּקָּלָה עַל יָדֶיהָ כִּבְהֵמָה. וְדָבָר זֶה מְפֹרָשׁ בַּתּוֹרָה שֶׁנֶּאֱמַר (במדבר לא טז) ".הֵן הֵנָּה הָיוּ לִבְנֵי יִשְׂרָאֵל בִּדְבַר בִּלְעָם" (במדבר לא יז) "וְכָל אִשָּׁה יֹדַעַת אִישׁ לְמִשְׁכַּב זָכָר הֲרֹגוּ  Why does the Rambam need to jump to this verse in this week's parsha and not cite the fact that Pinchas killed Kazbi?  The Or Hachayim in fact, at the end of Balak ask why was Kuzbi killed and suggests along the lines of the Rambam that the woman gets killed because she caused a תקלה for Zimri.  So, why does the Rambam not cite that possuk?  Rav Moshe Feinstein says that the rule of the Rambam is a greater chiddush than the killing of Kuzbi and therefore he can't prove his law from there.  Kuzbi was killed in the middle of the act, she was caught red handed, there it is understood she gets killed for being a participant in the averah.  The Rambam is telling us a din that the woman gets killed even if the act is over, it could even be years later, if she is tracked down, she is killed because she caused the sin.  For that the Rambam has to cite our parsha, that there was a command to kill the Midyanite women.  This is why Moshe got angry at the army for not killing the woman, for they aren't being killed because of the din of מלמחה, in which they may be spared, they are being killed for causing an averah.  

The Minchas Chinuch (mitzvah 35) suggests that when a gentile is killed because they caused a sin, they are not killed according to the rules of a gentile violating one of the 7 mitzvot with one witness and judge, rather they are killed according to the rules of an animal engaged in bestiality which is also killed for causing a sin, which requires two witnesses and 23 judges.  If that is correct, where were the 23 judges at the time of Kuzbi's killing?  It's the same idea.  That requirement is only when the woman is being killed later on due to her action.  However, during the act she is killed as a partner in crime just as the Jewish man.  

The Maggid Mishne asks how can the Rambam prove from this parsha the din that the woman gets killed because she caused a sin, all the woman were killed in the war, not only those that did a sin, so it was a gezerat hakatuv to kill all of them?  Rav Chayim Feinstein explains that the Rambam understands the woman in totality were wiped out because there was a national plot to cause Yisrael to sin.  In that situation, we no longer look at each specific woman to determine if they sinned, but rather the entire nation gets wiped out.  However, we see the reason for their death penalty is because of the women that cause Yisrael to sin.