And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
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EXPOSITORY (ENGLISH BIBLE)
(16-31) The remainder of the chapter contains laws which it is impossible to bring under any general head or heads, and which can, therefore, only be regarded as miscellaneous. Moses may have recorded them in the order in which they were delivered to him; or have committed them to writing as they afterwards occurred to his memory.
(16) If a man entice a maid.—The seduction of a maiden is regarded more seriously in primitive than in more advanced communities. The father looked to receive a handsome sum (ἕδνα) from the man to whom he consented to betroth his virgin daughter; and required compensation if his daughter’s eligibility as a wife was diminished. If the seducer were a person to whom he felt it a degradation to marry his daughter, he might exact from him such a sum as would be likely to induce another to wed her; if he was one whom he could accept as a son-in-law, he might compel him to re-establish his daughter’s status by marriage. It might be well if modern societies would imitate the Mosaic code on this point by some similar proviso.
He shall surely endow her—i.e., pay the customary sum to the father. See Deuteronomy 22:29, where the sum is fixed at fifty shekels of silver.
stacks—or as it is rendered "shocks" (Jud 15:5; Job 5:26), means simply a bundle of loose sheaves.If a man entice a maid, by persuasions, promise of marriage, allurements, or rewards. But if she were betrothed, it was punished with death, Deu 22:23,24.
and lie with her; in a way of carnal copulation; and such an action between two single persons, by consent, is what is called simple fornication: if this was done in a field, the maid was supposed to be forced, since there she might cry out, and not be heard; but if in a city, she is supposed to be enticed, and consent, since if she cried out she might be heard; this the Jewish writers gather from Deuteronomy 22:23, though the law there respects a betrothed damsel:
he shall surely endow her to be his wife; give her a dowry in order to be his wife, or, however, such an one as he would or must give if she became his wife, even one suitable to her rank and dignity, whether he married her or not; for he was not obliged to it whether he would or not, and in some cases could not if he would, as follows.And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
EXEGETICAL (ORIGINAL LANGUAGES)16. a marriage-price] Heb. môhar, Arab, mahr; i.e.—not a ‘dowry,’ but—the price paid for the wife to her parents or family, according to ancient Hebrew custom (cf. Genesis 34:12, 1 Samuel 18:25). The same custom prevailed anciently, and prevails still, in many other parts of the world (see Post, Familienrecht, pp. 157 ff., 173 ff.): cf., for instance, the Homeric ἕδνα or ἔεδνα, Il. xvi. 178; Od. xvi. 391 f., xxi. 160–162, &c.; and, for Arabia, W. R. Smith, Marriage and Kinship in Ancient Arabia, p. 78 f. The môhar was paid at the time of betrothal; and its payment ratified the engagement. The amount varied naturally with the relative circumstances of the two parties; and was a subject of mutual agreement between the suitor and the girl’s family (cf. Genesis 34:12).
16, 17. Compensation for the seduction of an unbetrothed maiden The unmarried and unbetrothed daughter counts as part of her father’s property; by the loss of her virginity her value is diminished; her father consequently has a claim for compensation; and the seducer must pay the price sufficient to make the girl his wife. Comp. Deuteronomy 22:28-29 (where, however, the case contemplated is one not of seduction, but of rape). The seduction of a betrothed maiden is regarded as virtually the same thing as adultery: this is dealt with in Deuteronomy 22:23-27.Verse 16. - If a man entice. Rather "seduce." He shall surely endow her to be his wife. In the East a man commonly pays money, or money's worth, to the parents in order to obtain a wife. The seducer was to comply with this custom, and make over to the damsel's father the sum of fifty shekels of silver (Deuteronomy 22:29), for his sanction of the marriage. If the father consented, he was compelled to marry the girl, and he was forbidden to repudiate her afterwards (ibid.). 1 Chronicles 5:21; 2 Chronicles 14:14, cf. Job 1:15, Job 1:17), without any one (else) seeing it, an oath was to be taken before Jehovah between both (the owner and the keeper of it), "whether he had not stretched out his hand to his neighbour's property," i.e., either killed, or mutilated, or disposed of the animal. This case differs from the previous one, not only in the fact that the animal had either become useless to the owner or was altogether lost, but also in the fact that the keeper, if his statement were true, had not been at all to blame in the matter. The only way in which this could be decided, if there was ראה אין, i.e., no other eye-witness present than the keeper himself at the time when the fact occurred, was by the keeper taking an oath before Jehovah, that is to say, before the judicial court. And if he took the oath, the master (owner) of it (the animal that had perished, or been lost or injured) was to accept (sc., the oath), and he (the accused) was not to make reparation. "But if it had been stolen מעמּו from with him (i.e., from his house or stable), he was to make it good," because he might have prevented this with proper care (cf. Genesis 31:39). On the other hand, if it had been torn in pieces (viz., by a beast of prey, while it was out at grass), he was not to make any compensation, but only to furnish a proof that he had not been wanting in proper care. עד יבאהוּ "let him bring it as a witness," viz., the animal that had been torn in pieces, or a portion of it, from which it might be seen that he had chased the wild beast to recover its prey (cf. 1 Samuel 17:34-35; Amos 3:12).
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