If a damsel that is a virgin be betrothed to an husband, and a man find her in the city, and lie with her;
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EXPOSITORY (ENGLISH BIBLE)Deuteronomy 22:23-27. PURITY OF THE BETROTHED.
(24) His neighbour’s wife.—It is evident from the language of this precept that a betrothed virgin in Israel is regarded as a wife. The man who humbles her “hath humbled his neighbour’s wife.” This illustrates the language of Matthew 1 Joseph, when Mary was found with child, sought to put her away (as though she were already his wife). The angel said to him, “Joseph, thou son of David, fear not to take unto thee Mary thy wife.” He “took unto him his wife.” From the construction of this law it follows that Jesus was the son of Joseph, according to the Scripture. The Evangelists do not seem to think it worth while to prove that He was the son of David except through his father (in law).Genesis 29:21 Matthew 1:20.
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.If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her;
EXEGETICAL (ORIGINAL LANGUAGES)23. betrothed] see on Deuteronomy 20:7.
in the city] Cp. Deuteronomy 22:24. In the city she would have been heard had she cried, but as she did not she must have been a consenting party.
23–27. Of Intercourse with a Betrothed Virgin: (1) Deuteronomy 22:23 f., with her consent, in which case both she and the man are stoned, as in the case of Adultery (Deuteronomy 22:22), for the bride-price having been paid at betrothal the woman is as good as married (Genesis 29:21, Joel 1:8); (2) Deuteronomy 22:25-27, without her consent, in which case the man alone dies and nothing is done to the woman. These two laws are peculiar to D. Note in Deuteronomy 22:24 the Pl. address, and also in Deuteronomy 22:26 according to Sam. LXX, but Heb. has here the Sg.
For such cases Ḫammurabi has but one law, § 130: If a man has ravished another’s betrothed, who is virgin, while still in her father’s house, and has been caught in the act, that man shall die, but the woman go free. Among the Arabs if the woman is unmarried her relatives are not obliged to kill her, but no one may marry her (Musil, Ethn. Ber. 210).Genesis 24:14, Genesis 24:28, according to the earliest usage of the books of Moses, a virgin, then also a young woman, e.g., Ruth 2:6; Ruth 4:12) were to bring the matter before the elders of the town into the gate (the judicial forum; see Deuteronomy 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.
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