by jimwalton » Thu May 16, 2019 2:33 pm
> That's what laws are.
No, not so. We generally regard law as prescriptive legislation set down in legal documents to serve as precedents that expects obedience and conformity as a response. We look at it as a systematic collection of rules to guide future decisions. This was not at all the perspective of the ancient world. Instead, they were to them collections of the king's wisdom (such as Hammurabi or Solomon) to show how wise the king was in the thoughts of their deity. They were generally set down as examples of some of the verdicts this particular king gave to show what a wise king he was in establishing the order of the gods. It's a completely different mindset and purpose than "laws."
> It's especially difficult when this same book says that if a woman is not a virgin when married, she is to be put to death. That is why this is specifically in the case of rape, because otherwise, the woman was to be executed, so being "fair" means that if the woman didn't have a choice...she just gets to marry her rapist for the rest of her life, or just has to be celibate from now one.
First of all, as has already been stated, these are not laws; they are not legislation. The writer is giving legal wisdom (not actual cases) so a judge can gain wisdom from it and render a decision.
Dt. 22.13-30 is divided into 2 parts: the first involving a false accusation and the second (vv. 20-21) a true accusation. You can see that the judge is already being guided. The law involves procedures similar to our modern ones: procuring evidence, a public hearing, calling witnesses, considering intent and motive, and rendering a decision with an appropriate sentence. There is no attempt to defend a guilty woman in vv. 20-21; the first section, however, goes to great lengths to protect an innocent woman from false accusation against an abusive husband or trump-up charges.
Vv. 13-19, if a man thinks he can just abuse a woman or toss her aside as he wishes like a piece of trash, he is mistaken. Slander, false accusations, and malicious intent are punishable offenses, and the honor of the woman should be protected in such a case.
Verse 19 is designed to protect the innocent victim. You wonder who would want to spend her life with a man who publicly defamed her. Ancient texts, however, need to be read in their culture and understanding their intent. The intent was to rehabilitate the man while protecting the woman. After having been publicly shamed (now everyone in town knows he's a sexual offender), he is forced to take her in, care for her, and assume husbandly responsibilities. The townspeople will be watching him. The woman is now guaranteed financial security. Otherwise, her life was for all intents and purposes over: she would never marry otherwise, never bear children, and be a pauper. The parents get to keep the bride price (plus the fine). The elders and the community will watch over the family to make sure he treats her right.
If the charges are true (vv. 20-21, the verses to which you are referring), they are executed. Adultery was a capital crime in the ancient Near East. We are not told why, but it was a widespread cultural practice. We can speculate that adultery was a threat to family life, and therefore the community at large, as well as a complicating factor in inheritances. It also destroyed order in the community.
> She just can't marry anyone else or biblical law will have her executed. That's quite the bit to leave out.
She is not required to marry the rapist. It is a decision the father and daughter make together. Nor will she be executed if she refuses. Wow. She is the innocent victim and is to be treated as such.
> She is not, did we have this discussion before?
I don't remember having this particular discussion with you before, but if we did, I'm disappointed that an actual correct exegesis of the text doesn't sway your distorted interpretations, but that you persist in them despite the evidence and accurate information. If correct information doesn't change your mind, perhaps continuing the discussion is fruitless.