Deu 22:13-21 | KD | STEP | Laws of Chastity and Marriage. - Higher and still holier than the order of nature stands the moral order of marriage, upon which the well-being not only of domestic life, but also of the civil commonwealth of nations, depends. Marriage must be founded upon fidelity and chastity on the part of those who are married. To foster this, and secure it against outbreaks of malice and evil lust, was the design and object of the laws which follow. The first ( ) relates to the chastity of a woman on entering into the married state, which might be called in question by her husband, either from malice or with justice. The former case is that which Moses treats of first of all. If a man took a wife, and came to her, and hated her, i.e., turned against her after gratifying his carnal desires (like Amnon, for example, ), and in order to get rid of her again, attributed “deeds or things of words” to her, i.e., things which give occasion for words or talk, and so brought an evil name upon her, saying, that on coming to her he did not find virginity in her. בּתוּלים, virginity, here the signs of it, viz., according to , the marks of a first intercourse upon the bed-clothes or dress.

‏ Deuteronomy 22:13-21

Laws of Chastity and Marriage. - Higher and still holier than the order of nature stands the moral order of marriage, upon which the well-being not only of domestic life, but also of the civil commonwealth of nations, depends. Marriage must be founded upon fidelity and chastity on the part of those who are married. To foster this, and secure it against outbreaks of malice and evil lust, was the design and object of the laws which follow. The first (Deu 22:13-21) relates to the chastity of a woman on entering into the married state, which might be called in question by her husband, either from malice or with justice. The former case is that which Moses treats of first of all. If a man took a wife, and came to her, and hated her, i.e., turned against her after gratifying his carnal desires (like Amnon, for example, 2Sa 13:15), and in order to get rid of her again, attributed “deeds or things of words” to her, i.e., things which give occasion for words or talk, and so brought an evil name upon her, saying, that on coming to her he did not find virginity in her. בּתוּלים, virginity, here the signs of it, viz., according to Deu 22:17, the marks of a first intercourse upon the bed-clothes or dress. Deu 22:15-17

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., Rth 2:6; Rth 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. Deu 22:18-19

The elders, as the magistrates of the place, were then to send for the man who had so calumniated his young wife, and to chastise him (יסּר, as in Deu 21:18, used to denote bodily chastisement, thought the limitation of the number of strokes to forty save one, may have been a later institution of the schools); and in addition to this they were to impose a fine upon him of 100 shekels of silver, which he was to pay to the father of the young wife for his malicious calumniation of an Israelitish maiden, - twice as much as the seducer of a virgin was to pay to her father for the reproach brought upon him by the humiliation of his daughter (Deu 22:29); and lastly, they were to deprive the man of the right of divorce from his wife. Deu 22:20-21

In the other case, however, if the man’s words were true, and the girl had not been found to be a virgin, the elders were to bring her out before the door of her father’s house, and the men of the town were to stone her to death, because she had committed a folly in Israel (cf. Gen 34:7), to commit fornication in her father’s house. The punishment of death was to be inflicted upon her, not so much because she had committed fornication, as because notwithstanding this she had allowed a man to marry her as a spotless virgin, and possibly even after her betrothal had gone with another man (cf. Deu 22:23, Deu 22:24). There is no ground for thinking of unnatural wantonness, as Knobel does.