Deuteronomy 22:16

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

These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul.
I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, Deu 22:13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire - those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, Deu 22:18, Deu 22:19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (Deu 24:1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Psa 50:20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own.
II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, Deu 22:20, Deu 22:21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen 34:7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people.
III. If any man, single or married, lay with a married woman, they were both to be put to death, Deu 22:22. This law we had before, Lev 20:10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children.
IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, Deu 22:23, Deu 22:24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur - Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, Deu 22:24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help (Succurre, Domine, vim patior - Help me, O Lord, for I suffer violence), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee.
V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, Deu 22:28, Deu 22:29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of.
VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (Deu 22:30) from Lev 18:8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, Co1 5:1.

Deuteronomy 22:13-21

13. If any man take a wife, and go in unto her, and hate her,

13. Quum acceperit quis uxorem, et ingressus fuerit ad eam, et odio habuerit eam,

14. And give occasions of speech against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her I found her not a maid:

14. Et imposuerit ei occasiones verborum, et traduxerit eam, dicendo: Uxorem hanc accepi, et accessi ad eam, et non inveni in ea virginitatem:

15. Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate:

15. Tunc accipiet pater puellae et mater ejus, et proferent signa virginitatis puellae eorum senioribus urbis ad portam.

16. And the damsel's father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her:

16. Dicetque pater puellae senioribus, Filiam meam dedi viro huic in uxorem, et odio habet eam.

17. And, lo, he hath given occasions of speech against her, saying, I found not thy daughter a maid; and yet these are the tokens of my daughter's virginity. And they shall spread the cloth before the elders of the city.

17. Et ecce, imposuit occasiones verborum, dicendo: Non inveni in filia tua virginitatem: Ecce autem signa virginitatis filiae meae. Et expandent vestimentum coram senioribus urbis:

18. And the elders of that city shall take that man and chastise him:

18. Tunc apprehendent seniores urbis virum, et castigabunt eum.

19. And they shall amerce him in an hundred shekels of silver, and give them unto the father of the damsel, because he hath brought up an evil name upon a virgin of Israel; and she shall be his wife: he may not put her away all his days.

19. Et mulctabunt eum centum argenteis, quos dabunt patri puellae, quoniam traduxit virginem Israelis: habebitque eam uxorem, nec poterit dimittere omnibus diebus suis.

20. But if this thing be true, and the tokens of virginity be not found for the damsel:

20. Quod si vera fuit accusatio ista, et non inventa fuerit virginitas in puella:

21. Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die; because she hath wrought folly in Israel, to play the whore in her father's house: so shalt thou put evil away from among you.

21. Tunc educent puellam ad ostium domus patris sui, et lapidabunt eam homines urbis ejus lapidibus, donec moriatur: quia perpetravit nequitiam in Israele, fornicando in domo patris sui: et auferes malum e medio tui.

13. If any man take a wife. This passage also tends to the exaltation of chastity. God provides against both cases, lest a husband should unjustly bring reproach upon a chaste and innocent young woman, and lest a young woman, having been defiled, should escape punishment, if she pretended to be a virgin. A third object is also to be remarked, viz., that parents were thus admonished to be more careful in watching over their children. This is, indeed, an act of gross brutality, that a husband, wittingly and willingly, should seek a false pretext for divorcing his wife by bringing reproach and infamy upon her; but, since it does not infrequently happen that the libidinous become disgusted with their vices, and then endeavor to rid themselves of them in every way, it was needful to correct this evil, and to prescribe a method whereby the integrity of the woman should be safe from the calumnies of an ungodly and cruel husband; whilst it was also just to give relief to an honest man, lest he should be compelled to cherish in his bosom a harlot, by whom he had been deceived; for it is a very bitter thing to ingenuous minds silently to endure so great an ignominy. An admirable precaution is here laid down, i e., that if a woman were accused by her husband, it was in the power of her parents to produce the tokens of chastity which should acquit her; but if they did not, that the husband should not be obliged against his will to keep her in his house, after she had been defiled by another. It is plain from this passage, that the tokens of virginity were taken on a cloth, on the first night of marriage, as future proofs of chastity. It is also probable that the cloth was laid up before witnesses as a pledge, to be a sure defense for pure and modest young women; for it would have been giving too much scope to the parents if it had been believed simply on their evidence; but Moses speaks briefly as of a well-known custom.

18. And the elders of that city shall take that man. Calumny in this case received a threefold punishment; first, that he, who had invented the false accusation, should be beaten with stripes; secondly, that he should pay an hundred pieces of silver to the father of the girl; thirdly, that he should never be allowed to put her away; and tie reason is given, "because he hath brought up an evil name upon a virgin of Israel." God here shows Himself to be the protector of virgins, that young women may be the more encouraged to cultivate chastity. If any should object that it was a bad provision for the unhappy woman that she should be subjected for ever to tyrannical rule, I reply, that this was done because there was no means for her release; for although, as we shall presently see, men were permitted to obtain a divorce from their wives, still it was neither just nor right to overthrow God's earliest institution. Besides, it was necessary to obviate the trick of the husband who would have gloried in her divorce, as having gained what he desired.

20. But if this thing be true. If the punishment should seem to anybody to be somewhat too severe, let him reflect that no kind of fraud is more intolerable. A false sale of a field or a house shall be accounted a crime, as also the utterance of false money; and, therefore, she who abuses the sacred name of marriage for deception, and offers an unchaste body instead of a chaste one, much less deserves to be pardoned. The cause of severity, however, which is expressly mentioned, is much more extensive, i e., because she hath wrought wickedness, or filthiness in Israel. The translation which some. give, folly, is poor; for although the word. is derived from nvl, nabal, it still means something more atrocious than folly; just as Simeon and Levi, in excuse for their slaughter of the Shechemites, call the defilement of their sister [83] nvlh, nebalah, that is, filthiness in Israel. (Genesis 34:7.) Whence it appears once more how greatly acceptable to God is chastity.

Footnotes:

[83] "Folly, that which is contrary to sound reason, wickedness." -- Simon's Heb. Lex. -- W. Taylor, in his Concordance, says, "Folly, rather vice:, villany, or what can be supposed in bad morals to be answerable to sapless, withered flowers, leaves, or fruit. Genesis 34:7; Joshua 7:15; Judges 19:23, 24."

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.

In such a case the parents of the young woman (הנּער for הנּערה, as in Gen 24:14, Gen 24:28, according to the earliest usage of the books of Moses, a virgin, then also a young woman, e.g., Rut 2:6; Rut 4:12) were to bring the matter before the elders of the town into the gate (the judicial forum; see Deu 21:19), and establish the chastity and innocence of their daughter by spreading the bed-clothes before them. It was not necessary to this end that the parents should have taken possession of the spotted bed-clothes directly after the marriage night, as in customarily done by the Bedouins and the lower classes of the Moslem in Egypt and Syria (cf. Niebuhr, Beschr. v. Arab. pp. 35ff.; Arvieux, merkw. Nachr. iii. p. 258; Burckhardt, Beduinen, p. 214, etc.). It was sufficient that the cloth should be kept, in case such a proof might be required.