by jimwalton » Sun Feb 04, 2018 1:40 pm
Sorry you misunderstand the text. Thanks for giving me a chance to explain it. The context matters.
The first paragraph is divided into 2 parts: a primary case involving a false accusation (v. 13-19), and a counter case in which the charges prove to be true (vv. 20-21). The first case goes to great lengths to protect a woman from false accusations by an abusive husband, and the second doesn't try to defend a woman who is actually guilty of lying to protect her husband about her pre-marital virginity.
Verses 22-29 bring up a new set of hypothetical situations. Adultery was a capital crime. The reason was because it was important for land ownership (which always stayed in the family) that a husband was assured that his children were his own so there would be no spurious claims to steal his land from his family.
But vv. 23-29 continue the possibilities. V. 23: what if he rapes her? In this case (because it's in a town), it is assumed that if it were truly a rape she would have screamed out for help. If there was no scream or fight, it can be assumed she consented, and it's adultery, not rape, in which case they will both be punished (v. 24). It's a violation of marriage, a screwing with inheritance rights, and detrimental to the foundations of their society.
What the Bible is saying is that circumstances matter. She is engaged to another, and if someone rapes her and she fights (showing she is being forcibly raped), then she is protected. The rapist is executed; she is set free is not considered guilty. But if the sex was consensual, she is as guilty as he, and they would be punished accordingly.
Then v. 25-27 deals with the case of actual rape, in which case the man is punished and the woman is vindicated and protected.
Scenario 3 (vv. 28-29) pertains to the seduction of an unengaged woman. The law has tried to put before the judge enough hypothetical situations so he can make a wise and accurate judgment in cases brought before him:
- If the woman was complicit in illicit sex, she is as guilty as the man.
- If the engaged woman was raped, she is protected and vindicated while the man is punished.
- If the unengaged woman was raped, he would have to pay large sums in fines and would have to marry her so that she would not go through life without financial resources.
So, you see, God's law isn't sick at all. It's realy about the presentation of evidence, consideration of the situation, punishment for the guilty, and acquittal for the innocent.
These laws are similar to other laws in the ancient Near East. The Laws of Eshunna, Middle Assyrian Laws, and the code of Hammurabi had similar content, infractions, and punishments. We live in an era of lax laws pertaining to sexual ethics, paternity, and inheritance. In their culture, an attack on a woman was considered an attack on the clan, stealing a man's rights to procreate, confusing land inheritance, and endangering the orderly transmission of his estate to his rightful heirs. The consequence of that, in their culture, was that these things were capital crimes, in all the ancient cultures.
Last bumped by Anonymous on Sun Feb 04, 2018 1:40 pm.