Deuteronomy 22:13–30

Deuteronomy 22:22-27 22. If a man be found lying with a woman married to all husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel. 22. Si quis deprehensus fuerit coiisse cum muliere conjugata marito, morientur etiam ambo ipsi, vir qui coierit cum muliere, et mulier ipsa: atque auferes malum ex Israele. 23. If a damsel that is a virgin he betrothed unto an husband, and a man find her in the city, and lie with her; 23. Quum fuerit puella virgo desponsata viro, et invenerit eam aliquis in urbe, coieritque cum ea: 24. Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city; and the man, because he hath humbled his neighbor's wife: so thou shalt put away evil from among you. 24. Adducetis utrunque ad portam urbis ejus, et lapidabitis eos lapidibus, ac morientur: puellam quidem, quod non clamaverit in urbe: et virum, propterea quod affiixit uxorem proximi sui: atque ita auferes malum e medio tui. 25. But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die: 25. At si in agro invenerit vir puellam desponsatam, et apprehenderit eam vir ille, et coierit cum ea, morietur vir qui coierit cum ea solus. 26. But unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbor, and slayeth hint, even so is this matter: 26. Puellae vero non facies quicquam: non est puellae peccatum mortis: nam quemadmodum insurgit quis in proximum suum, et occidit eum anima, sic se habet res ista. 27. For he found her in the field, and the betrothed damsel cried, and there was none to save her. 27. In agro invenit eam, clamavit puella desponsata, et nemo adfuit qui servaret eam. If a man be found lying with. A Political Supplement, whereby it appears how greatly God abominates adultery, since He denounces capital punishment against it. And assuredly, since marriage is a covenant consecrated by God, its profanation is in no wise tolerable; and conjugal faith should be held too sacred to be violated with impunity, whilst it is an act of horrible perfidiousness to snatch from a man's bosom the wife who is as his very life, or at any rate half of himself. Wherefore, also, the Prophet ignominiously compares adulterers to neighing horses, (Jeremiah 5:8;) for where such lasciviousness prevails, men degenerate, as it were, into beasts. Another reason is, however, here referred to; for, if a man had broken faith with his wife by having connection with a harlot, it was not a capital offense; but if any man, though a bachelor, had committed adultery with the wife of another, (he was to die, [68] ) because both the husband is grossly injured, and the dishonor descends to the offspring, and all adulterine race is substituted in place of the legitimate one, whilst the inheritance is transferred to strangers, and thus bastards unlawfully possess themselves of the family name. This cause impelled the Gentiles, even before the Law, to punish adultery with severity, as clearly appears from the history of Judah and Tamar. (Genesis 38:14.) Nay, by the universal law of the Gentiles, the punishment of death was always awarded to adultery; wherefore it is all the baser and more shameful in Christians not to imitate at least the heathen. Adultery is punished no less severely by the Julian law [69] than by that of God; whilst those who boast themselves of the Christian name are so tender and remiss, that they visit this execrable offense with a very light reproof. And lest they should abrogate God's law without a pretext, they allege the example of Christ, who dismissed the woman taken in adultery, whereas she ought to have been stoned; just as He withdrew Himself into a mountain that He might not be made a king by the multitude. (John 8:11, and 6:15.) For if we consider what the office was which the Father delegated to His only-begotten Son, we shall not be surprised that He was content with the limits of His vocation, and did not discharge the duties of a Judge. But those who have been invested with the sword for the correction of crime, have absurdly imitated His example, and thus their relaxation of the penalty has flowed from gross ignorance. Although the disloyalty of husband and wife are not punished alike by human tribunals, still, since they are under mutual obligation to each other, God will take vengeance on them both; and hence the declaration of Paul takes effect before the judgment-seat of God, Let not married persons defraud one another; for the wife hath not power of her own body, nor the husband of his. (1 Corinthians 7:4, 5.) 23. If a damsel that is a virgin be betrothed. The severity of the punishment is now extended further, and a betrothed woman is counted as a wife; and this for a very good reason, because she has plighted her troth, and it is a token of abandoned incontinency for the mind of a woman to be so alienated from the man to whom she is betrothed, as to prostitute her virginity to another's embraces. But since one who has been ravished is not criminal, a woman is absolved if she be forced in a field, because it is probable that she yielded unwillingly, inasmuch as she was far from assistance. Although, however, the terms are accommodated to the comprehension of a rude people, it was the intention of God to distinguish force from consent. Thus if a girl had been forced in a retired part of a building, from whence her cries could not be heard, God would undoubtedly have her acquitted, provided she could prove her innocence by satisfactory testimony and conjecture. Footnotes: [67] These passages are also considered in the Fr. subsequently to some that follow. [68] Added from Fr. [69] See Plin., Ephesians 6:13.

Deuteronomy 22:30 30. A man shall not take his father's wife, nor discover his father's skirt. 30. Non accipiet quisquam uxorem patris sui, neque discooperiet oram patris sui. 30. A man shall not take his father's wife. Since Moses does not here refer to any other kinds of incest, but speaks only of that with a step-mother, it is probable that, what he had more fully set forth before he here briefly recalled to the minds of the Israelites under a single head. At any rate, the prohibition of one offense does not open the gate to other abominations. The expression which he adds, "nor discover his father's skirt," is as much as to say, that the father is exposed to shame when the step-son has; no regard to decency, and goes in to his step-mother. Perhaps he alludes to the sin of Ham, who betrayed his ungodliness by exposing the shame of his father. (Genesis 9:22.) Footnotes: [60] Omitted in Fr.

If a man take a wife, &c.--The regulations that follow might be imperatively needful in the then situation of the Israelites; and yet, it is not necessary that we should curiously and impertinently inquire into them. So far was it from being unworthy of God to leave such things upon record, that the enactments must heighten our admiration of His wisdom and goodness in the management of a people so perverse and so given to irregular passions. Nor is it a better argument that the Scriptures were not written by inspiration of God to object that this passage, and others of a like nature, tend to corrupt the imagination and will be abused by evil-disposed readers, than it is to say that the sun was not created by God, because its light may be abused by wicked men as an assistant in committing crimes which they have meditated [HORNE]. Next: Deuteronomy Chapter 23

If any man take a wife, and go in unto her, and hate her. That is, marries a wife, and cohabits with her as man and wife, and after some time dislikes her, and is desirous of parting with her, and therefore takes the following wicked method to obtain it: this is to be understood of a virgin taken to wife, as the Targum of Jonathan explains it; and what follows confirms it.

And give occasions of speech against her,.... Among her neighbours, who by his behaviour towards her, and by what he says of her, will be led in all company and conversation to traduce her character, and speak of her as a very bad woman: and bring up an evil name upon her; take away her good name, and give her a bad one; defame her, and make her appear scandalous and reproachful to all that know her: though the Jews understand this not of private slander, but of bringing an action against her in a public court of judicature, the substance of which follows: "and say, I took this woman, and when I came to her, I found her not a maid"; the sense is, that he had married her, and when he came to cohabit with her as man and wife, it appeared to him that she was vitiated, and not a pure virgin. This is the charge in court against her, the action laid by him; so Jarchi observes, a man might not say this but before a magistrate, in a court of judicature, which is thus represented by Maimonides (p);"a man comes to the sanhedrim, and says, this young woman I married, and I did not find her virginities; and when I inquired into the matter, it appeared to me that she had played the whore under me, after I had betrothed her; and these are my witnesses that she played the whore before them.'' (p) Hilchot Naarah Betulah, c. 3. sect. 6.

Then shall the father and the mother of the damsel take,.... Power from the court, according to the Targum of Jonathan; having leave and licence granted them to do what follows, these were to, and would, concern themselves in such an affair, partly for the credit and reputation of their child, and partly for their own honour, who were in danger, as Jarchi observes, of coming into contempt for their ill education of her: and bring forth the tokens of the damsel's virginity; the sheet she lay in when she first bedded with her husband, in her parents' possession, and kept by them as a witness of her purity, should there ever be any occasion for it: and which were to be brought unto the elders of the city in the gate; which sat in the gate of the city to try causes: the Targum of Jonathan calls it the gate of the sanhedrim, or court of judicature; and, according to Maimonides (q), this court was the court of twenty three judges; for this was a capital crime accused of, a cause relating to life and death, which could not be heard and tried in a lesser court. (q) Hilchot Naarah Betulah, c. 3. sect. 3.

And the damsel's father shall say unto the elders,.... Not her mother; hence we learn, says Jarchi, that a woman has not power (or is not allowed) to speak before men; that is, in public see 1 Corinthians 14:34 and it was most proper for a father to appear in court for her, and defend her; and if she had no parents living then, those that brought her up, her guardians, that had the education of her, and placing her out in marriage, were to undertake her cause; or, as Josephus (r) says, those that were next akin to her; or, as, Aben Ezra, one appointed by the court: I gave my daughter unto this man to wife; and, by the Jewish canons (s), a man might give his daughter in marriage, but a woman might not: and he hateth her; has taken a dislike to her, and wants to be rid of her, and therefore has brought this infamous action against her. (r) Antiqu. l. 4. c. 8. sect. 23. (s) Misn. Sotah, c. 3. sect. 8.

And, lo, he hath given occasion of speech against her,.... In the neighbourhood where they dwell; has been the cause of persons speaking reproachfully of her, as one of ill fame: saying, l found not thy daughter a maid; so that it seems he said this not only to his neighbours, and before a court of judicature, but to the parents of the damsel: and yet these are the tokens of my daughter's virginity; which were brought with him, and produced in open court: and they shall spread the cloth before the elders of the city; that they might have ocular proof and evidence of the truth of what he said, by having spread before them the sheet stained with the blood of her virginity upon her husband's first congress with her. It seems that the mother, as well as the father, were present and concerned in this action: for it is said, "they shall spread"; and though the mother might not speak, she was the proper person to bring this cloth and spread it; and indeed it was particularly in her care and keeping; for we are told (t), that two persons, called "the friends" of the bride and bridegroom, went first into their bedchamber, and thoroughly examined the bed, whether there was anything relating to the sign of virginity, by which one might impose upon another; and they stood all night keeping watch with great joy and cheerfulness, as if they had been the guards of a king and queen; (to which is thought the allusion is in John 3:29) their business was, when the bridegroom and bride came out, to rush in immediately, and examine all things again; and knowing and owning the former linen sheets in which they had lain, took them and delivered them to the mother. Nor need spreading such a cloth before the court be thought unlikely because of the indecency of it, when it is observed that persons and things much more filthy came under the cognizance and examination of the priests, as leprous, menstruous, and profluvious persons, and their respective disorders; nor is it at all improbable that there should be such evident tokens as are said to be given, when it is observed, especially of the Jewish women, at what a tender age they were marriageable, and were frequently married, namely, when twelve years and one day old. And the Africans, as we are told (u), have a custom with them similar to this at a wedding;"a feast is prepared, and a certain woman waits without, until the bride is lain with; and then a linen cloth, stained with blood, is reached out to her, which she carries in her hands, and shows to the guests, crying out with a loud voice that this was a virgin hitherto not corrupt; then she, with other women, are splendidly received, first by the parents of the bridegroom, and then of the bride; but if she does not appear to be a virgin, she is returned to her parents under the disgrace of all, and the marriage made null and void.''Indeed there are some Jewish writers, that interpret this cloth in a parabolical and allegorical sense, and understand by it witnesses that; would make the case as clear and plain as the spreading out a cloth or garment. They suppose that before the damsel was lain with she was examined by several matrons, who declaring her to be a virgin, gave it under their hands in writing to her parents, which they were capable of producing in court when there was occasion for it; so Jarchi says, this is a parable; the meaning is, they made things as clear and as plain as a new cloth; with which agrees the Talmud (w) he seems to have taken it from, where on these words, and they shall spread the cloth, this remark is made; but the literal sense seems best. (t) Nachman. apud Fagium in loc. Schindler. Lex: Pentaglott. col. 260, 261. (u) Joan. Leon. Descript. Africae, l. 3. p. 325. (w) T. Bab. Cetubot, fol. 46. 1.

And the elders of that city shall take the man, and chastise him. Not with words, but blows. Jarchi interprets it of beating, and so does the Talmud (x); and both the Targums of Onkelos and Jonathan render it,"shall beat him;'' that is, with the beating or scourging of forty stripes, save one. (x) T. Bab. Cetubot, fol. 46. 1.

And they shall amerce him in an hundred shekels of silver,.... Which was about twelve pounds of our money; this was double the dowry he would have been obliged to have given her, if he had put her away; which he might have done with less trouble, and with a greater certainty of being rid of her; but being willing to save that expense, took this wicked method to accuse her falsely; and therefore is fined double that sum: and give them unto the father of the damsel; as a sort of satisfaction or reparation for the scandal brought upon him and his family; if the damsel was fatherless, Maimonides (y) says, she was to have them herself: because he hath brought up an evil name upon a virgin in Israel: defamed her among her neighbours and acquaintance, or brought a false accusation against her in court; alleging she was not a virgin when he married her, when she was one, which was a very great injury to her character: and she shall be his wife, he may not put her away all his days: and so he was disappointed in his view of getting rid of her, and obliged to retain her as his wife, though hated, and was not suffered to divorce her as long as he lived; which was permitted and connived at in other men, and which he might have done before, without bringing such a charge against her; all which must be very mortifying to him, as to be whipped, to pay a fine, keep his wife, and not allowed ever to divorce her. (y) Hilchot Naarah Betulah, c. 3. sect. 1.

But if this thing be true,.... Which the husband of the damsel laid to her charge, that she was no virgin when married to him, and she had committed whoredom, of which there was plain proof: and the tokens of virginity be not found for the damsel; by her parents, or those who had the care of her; or no sufficient reason could be assigned for the want of them, through any family defect, or any disorder of her own; which, as Maimonides (z) says, the judges were to inquire into. (z) Hilchot Ishot, c. 11. sect. 12.

Then they shall bring out the damsel to the door of her father's house,.... For his greater disgrace, and as a sort of punishment for his neglect of her education, not taking care to instruct her, and bring her up in a better manner: and the men of her city shall stone her with stones, that she die; which was the death this sort of adulteresses were put to; others was by strangling, and the daughter of a priest was to be burnt; see Leviticus 20:10, which shows that this sin was committed by her after her espousals, as Jarchi and Aben Ezra note; or otherwise it would have been only simple fornication, which was not punishable with death: because she hath wrought folly in Israel: a sin, as all sin is folly, and especially any notorious one, as this was; and which is aggravated by its being done in Israel, among a people professing the true religion, and whom God had chosen and separated from all others to be a holy people to himself: to play the whore in her father's house; where she continued after her espousals, until she was taken to the house of her husband, to consummate the: marriage; and between the one and the other was this sin committed, and which is another reason for her execution at the door of her father's house: so shalt thou put evil away from among you; deter others from it by such an example, and remove the guilt of it from them, which otherwise would lie upon them, if punishment was not inflicted; the Targum of Jonathan interprets it of the putting away of her that did the evil.

If a man be found lying with a woman married to an husband,..... This law respects adultery, and is the same with that in Leviticus 20:10. then they shall both of them die; with the strangling of a napkin, as the Targum of Jonathan, which is the death such persons were put to; and is always meant when death is simply spoken of, and it is not specified what death; See Gill on Leviticus 20:10, both the man that lay with the woman, and the woman; they were both to die, and to die the same death: so shalt thou put away evil from Israel; such that do it, as the above Targum; See Gill on Deuteronomy 22:21.

If a damsel that is a virgin be betrothed unto an husband,.... But not married, not as yet brought home to her husband's house, and the marriage consummated; for the Jews distinguish between being betrothed or espoused, and married; and generally there was some time between the one and the other. And a wife was obtained in this way by three things; by money, which was the most usual; and by writing, which was to be done before witnesses, and with her consent; and by copulation, which, though valid, was not so much approved of (a). There is a whole treatise in the Misnah, called Kiddushin, or Espousals, which largely treats of this matter: and a man find her in the city, and lie with her; with her consent, as might be presumed by her not crying out, when, had she, she might have been heard, being in a city; and her being there also makes against her, since, being betrothed to a man, she ought to have abode in her father's house till her husband fetched her home, and not to have gadded abroad in the city, where she was exposed to temptation. (a) Misn. Kiddushin, c. 1. sect. 1.

Then ye shall bring them both out unto the gate of the city,.... Where the fact was committed; the Targum of Jonathan is,"to the gate of the court of judicature, which is in that city:" and ye shall stone them with stones, that they die; a man that lay with a married woman, he and she were to be strangled; but this sort of adulterers and adulteresses were to be stoned, and it is thought that of this sort was the woman spoken of in John 8:3, the damsel because she cried not, being in the city, and the man because he hath humbled his neighbour's wife; as she was by espousal, by contract, by promise, and so was guilty of adultery, which was punishable with death: so thou shall put away evil from among you; see Deuteronomy 22:21.

But if a man find a betrothed damsel in the field,.... Alone, and where she might cry out, and none hear, nor were any to help her: and a man force her, and lie with her; or "take fast and strong hold on her" (b); so that she is not able to get out of his hands, and make her escape, he being stronger than she, and so commits a rape upon her: then the man only that lay with her shall die; he being guilty of adultery, in lying with a woman espoused to another man, but not she, because she consented not to it. (b) "et apprehenderit (in) eam", Pagninus, Montanus; "et apprehendens eam", Piscator.

But unto the damsel thou shalt do nothing,.... Neither fine her, nor beat her, and much less punish her with death: there is in the damsel no sin worthy of death; because what was done to her was done without her will and consent, and was what she was forced to submit unto; but the Targum of Jonathan adds, that the man to whom she was betrothed might dismiss her from himself by a bill of divorce: for as when a man riseth against his neighbour, and slayeth him, even so is this matter; as when a man comes unawares upon another, and lays hold on him, and kills him, being stronger than he, and none to help; so is the case of a woman laid hold on by a man in a field, and ravished by him, where no help could be had; and depriving a woman of her chastity is like taking away a man's life; from this passage Maimonides (c) concludes, that impurities, incests, and adulteries, are equal to murder, to capital cases relating to life and death. (c) Hilchot Yesode Hattorah, c. 5. sect. 10.

For he found her in the field,.... Which is a circumstance in her favour, from which it might he presumed that she was forced, and did not consent; for had the sin been committed by agreement, they would doubtless have betook themselves to another place: and the betrothed damsel cried as it might be concluded from the above circumstance she did, and as she herself declared, and which he could not gainsay, or however disprove: and there was none to save her; to help her against him, and deliver her out of his hands.

If a man find a damsel that is a virgin, which is not betrothed,.... That is, meets with one in a field, which is not espoused to a man; and the man is supposed to be an unmarried man, as appears by what follows: and lay hold on her, and lie with her, she yielding to it, and so is not expressive of a rape, as Deuteronomy 22:25 where a different word from this is there used; which signifies taking strong hold of her, and ravishing her by force; yet this, though owing to his first violent seizure of her, and so different from what was obtained by enticing words, professions of love, and promises of marriage, and the like, as in Exodus 22:16 but not without her consent: and they be found; in the field together, and in the fact; or however there are witnesses of it, or they themselves have confessed, it, and perhaps betrayed by her pregnancy.

Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, For the abuse of his daughter; and besides this was obliged to give her her dowry also, as Philo (d) says, which is commonly said to be fifty more: and she shall be his wife; if her father and she agreed to it; and in such a case the man was not at his liberty to refuse, be she what she would, agreeable or not, handsome or ugly; he must, as the Jews express it, drink out of his pot, or marry her, if she is lame, or blind, or full of ulcers (e): because he hath humbled her he may not put her away all his days: to all the other parts of his punishment, paying a fine of fifty shekels to the damsel's father, a dowry of the same sum to her, obligation to marry her whether he likes her or not, this is added, that he is not allowed to divorce her as long as he lives; which was permitted to other men, and this was wisely ordered to preserve chastity. (d) De Special. Leg. p. 787. (e) Misn. Cetubot, c. 3. sect. 5.

A man shall not take his father's wife,.... Not marry her, whether his own mother, or a stepmother; or even, as Aben Ezra thinks, anyone that was deflowered by his father. Jarchi interprets it of his father's brother's wife, which he was obliged to marry by virtue of the law in Deuteronomy 25:5. nor discover his father's skirt; or lie with her his father had thrown his skirt over, or married; and which being the first, is mentioned here as a sample to all the rest forbidden Leviticus 18:7 or, as Bishop Patrick expresses it, is a "short memorandum", to make them careful to observe all the other laws respecting incestuous marriages and copulations there delivered.