Leviticus
Leviticus 19:20-22
20. And whosoever lieth carnally with a woman that is a bond-maid, betrothed to an husband, and not at all redeemed, nor freedom given her; she shall be scourged: they shall not be put to death, because she was not free.
20. Vir si coierit cum muliere coitu seminis quae fuerit ancilla desponsata viro, nec redimendo redempta fuerit, nec fuerit manumissa, vapulatio erit: non morientur, quia non est libertate donata.
21. And he shall bring his trespass-offering unto the Lord, unto the door of the tabernacle of the congregation, even a ram for a trespass-offering.
21. Adducet autem oblationem, pro delicto suo Jehovae ad ostium tabernaculi conventionis, arietem pro delicto.
22. And the priest shall make au atonement for him with the ram of the trespass-offering before the Lord, for his sin which he hath done; and the sin which he hath done shall be forgiven him.
22. Et expiabit eum sacerdos per arietem pro delicto coram Jehova, propter peccatum suum quod peccavit: et remittet ei peccatum suum quod peccavit.
Albeit in God's sight there is no difference between bond and free, yet their condition is diverse as regards courts of justice;1 nor do the same evil consequences ensue from adultery with a bond-maid, (as with a free woman.)2 Notwithstanding, therefore, that the crime is worthy of death, still, in consideration of the people's infirmity, the punishment is mitigated, so that, if a person shall have corrupted a betrothed bond-maid, both shall be scourged.3 From hence we infer that, if a concubine, who had already cohabited with a man, were seduced, it was accounted a capital adultery. Lest it should be falsely held, from the lenity or indulgence of the law, that the offense was a trifling one, this error is at once anticipated by the addition of the expiation: for, if one already beaten with stripes still required reconciliation, it follows that the measure of the offense is not to be estimated by its penalty.
Exodus
Exodus 21:7-11
7. And if a man sell his daughter to be a maid-servant, she shall not go out as the men-servants do.
7. Quum vendiderit quispiam filiam suam in ancillam, non egredietur quemadmodum egredi solent servi.
8. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.
8. Si displicuerit hero suo, nec sibi desponderit eam, redimendam curabit: populo alieno non habebit potestatem vendendi eam, quum spreverit eam.
9. And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.
9. Quod si filio suo desponderit eam, secundum morem filiarum faciet ei.
10. If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish.
10. Si aliam acceperit sibi, alimentum illius, operimentum illius, et constitutionem illius non diminuet.
11. And if he do not these three unto her, then shall she go out free without money.
11. Quod si tria haec non fecerit illi, egredietur gratis absque argento.
From this passage, as well as other similar ones, it plainly appears how many vices were of necessity tolerated in this people. It was altogether an act of barbarism that fathers should sell their children for the relief of their poverty, still it could not be corrected as might have been hoped. Again, the sanctity of the marriage-vow should have been greater than that it should be allowable for a master to repudiate his bond-maid, after he had betrothed her to himself as his wife; or, when he had betrothed her to his son, to make void that covenant, which is inviolable: for that principle ought ever to hold good — "Those whom God hath joined together, let not man put asunder." (Matthew 19:6; Mark 10:9.) Yet liberty was accorded to the ancient people in all these particulars; only provision is here made that the poor girls should not suffer infamy and injury from their repudiation. But, although God is gracious in remitting the punishment, still He shows that chastity is pleasing to Him, as far as the people's hardness of heart permitted. First of all, He does not allow a master to seduce his purchased maid-servant, but if he wishes to enjoy her embraces, a marriage must take place; for although He does not set this out in express terms, still we may infer from what He condemns, that the contrary is what He approves. From whence, too, their notion is refuted who suppose that fornication was lawful under the Law. But the words must be more closely examined on account of their ambiguity. First, the sex is treated with consideration, that the condition of a female may be somewhat more favorable than that of a male; since, otherwise, their weakness would render young women subject to injury and shame. An explanation then follows, respecting which, however, interpreters differ; for some read the particle l',4 lo, which is properly negative, for lv, lo; and hence arise two opposite meanings — If he hath, or hath not, betrothed her to himself. If it be preferred to take it affirmatively, the meaning of the precept will be: If a master shall repudiate his bond-maid, whom he has loved and destined to be his wife, he must give her her liberty; for although literally it is, "he shall cause her to be redeemed," yet; the context shows that the obligation of setting her free is laid upon him; nor is this contradicted by the fact that he is only deprived of the power of selling her to a strange people; since I do not understand this as applying to foreigners only, but to others of his own nation, since sometimes those of another tribe or family are called strangers. For, even though there were no marriage-compact, it was not otherwise lawful to sell slaves of the holy and elect people to foreigners. Besides, amongst the Israelites, slavery was only temporary. But, to pass by everything else, let it suffice to observe the absurdity that a master should hold his wife as a slave to be sold at pleasure, if their opinion is received who suppose that the words refer to repudiation after betrothal.5 I myself rather approve of the other opinion, that, although the master shall not have aspired to matrimony with her, if her appearance displeases him so that he would be unwilling to have her as his wife, at least he must provide for her redemption; because her chastity would be in jeopardy if she remained with him unmarried; unless perhaps Moses may signify that, after she had been seduced, her master did not honor her with marriage. But the other view which I have just expressed is more simple; and a caution is given lest masters should seduce their maid-servants at their pleasure. Thus the word despise6 does not refer to repudiation, but is opposed to beauty, or conjugal love.
The next case is, that if he should betroth her to his son, (he must give her a dowry,7) in which, also, her modesty and honor is consulted, lest she should be oppressed by the right of ownership, and become a harlot. In the third place, it is provided that, if she should be repudiated, her condition should not be disadvantageous. If, therefore, he would make her his daughter-in-law, and betroth her to his son, he is commanded to deal liberally with her; for "after the manner of daughters" is equivalent to giving her a dowry, or, at any rate, to treating her as if she were free. Finally, he adds that, if he should choose another wife for his son, he should not reject the former one, nor defraud her of her food and raiment, or of some third thing, concerning which translators are not well agreed. Some render it time, but I do not see what is the meaning of diminishing her time; others, duty of marriage, but this is too free a translation; others, more correctly, affliction, since the girl would be humiliated by her repudiation; still, to diminish affliction, is too harsh an expression for to compensate an injury. Let my readers, then, consider whether the word, nth, gnonathah, is not used for compact or agreement; for thus the context will run very well: If his son have married another wife, that the girl who has suffered ignominious rejection should obtain her rights as to food, and raiment, and her appointed dowry; otherwise, God commands that she should be set free gratuitously, in order that her liberty may compensate for the wrong she has received.
Exodus 22:16, 17
16. And if a man entice a maid that is not betrothed, and lie with her; he shall surely endow her to be his wife.
16. Quum seduxerit quispiam virginem quae non est desponsata, et coierit cum ea, dotando dotabit sibi in uxorem.
17. If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.
17. Si renuendo renuerit pater ejus ei dare ipsam, pecuniam appendet secundum dotem virginum.
Hence, also, it is manifest that, although God remits the judicial penalty, fornication is displeasing to Him. As to the spiritual judgment of the conscience, there were expiations to propitiate Him; He here only has consideration for young females, lest, being deceived, and having lost their virginity, they should become prostitutes; and thus the land should be defiled by whoredom. The remedy is, that lie who has corrupted girl should be compelled to marry her, and also to give tie a dowry from his own property, lest, if he should afterwards cast her off, she should go away from her bed penniless. But, if the marriage should not please her father, the penalty imposed on her seducer is, that he should assign her a wedding portion.
Deuteronomy
Deuteronomy 24:5
5. When a man hath taken a new wife, he shall not go out to war, neither shall he be charged with any business; but he shall be free at home one year, and shall cheer up his wife which he hath taken.
5. Quum quis acceperit uxorem novam, non egredietur ad bellum, neque injungetur ei munus: immunis erit in domo sua anno uno, et delectabit uxorem suam quam accepit.
The immunity here given has for its object the awakening of that mutual love which may preserve the conjugal fidelity of husband and wife; for there is danger lest, if a husband departs from his wife immediately after marriage, the bride, before she has become thoroughly accustomed to him, should be too prone to fall in love with some one else. A similar danger affects the husband; for in war, and other expeditions, many things occur which tempt men to sin. God, therefore, would have the love of husband and wife fostered by their association for a whole year, that thus mutual confidence may be established between them, and they may afterwards continually beware of all incontinency.
But that God should permit a bride to enjoy herself with her husband, affords no trifling proof of His indulgence. Assuredly, it cannot be but that the lust of the flesh must affect the connection of husband and wife with some amount of sin; yet God not only pardons it, but covers it with the veil of holy matrimony, lest that which is sinful in itself should be so imputed; nay, He spontaneously allows them to enjoy themselves. With this injunction corresponds what Paul says,
"Let the husband render unto his wife due benevolence: and likewise also the wife unto the husband. Defraud ye not one the other, except it be with consent for a time, that ye may give yourselves to fasting and prayer." (1 Corinthians 7:3, 5.)
Numbers
Numbers 5:11-31
11. And the Lord spoke unto Moses, saying,
11. Loquutus est Jehova ad Mosen, dicendo:
12. Speak unto the children of Israel, and say unto them, If any man's wife go aside, and commit a trespass against him,
12. Alloquere filios Israel, et dicas illis, Quum diverterit uxor cujuspiam, et praevaricata fuerit praevaricatione:
13. And a man lie with her carnally, and it be hid from the eyes of her husband, and he kept close, and she be defiled, and there be no witness against her, neither she be taken with the manner;
13. Et coierit aliquis cum ea coitu seminis, absconditum autem fuerit ab oculis viri sui et delituerit, ipsaque polluta fuerit: testis vero non fuerit contra eam, neque ipsa fuerit deprehensa:
14. And the spirit of jealousy come upon him, and he be jealous of his wife, and she be defiled; or if the spirit of jealousy come upon him, and he be jealous of his wife, and she be not defiled:
14. Et transierit super eum spiritus zelotypiae, zelatusque fuerit uxorem suam, et ipsa polluta fuerit: vel transierit super eum spiritus zelotypiae, zelatusque fuerit uxorem suam, et ipsa non fuerit polluta:
15. Then shall the man bring his wife unto the priest, and he shall bring her offering for her, the tenth part of an ephah of barley meal; he shall pour no oil upon it, nor put frankincense thereon; for it is an offering of jealousy, an offering of memorial, bringing iniquity to remembrance.
15. Tunc adducet vir uxorem suam ad sacerdotem, et afferet obtationem ejus cum illa, nempe decimam partem epha farinae hordeaceae: non fundet super eam oleum, neque ponet super eam thus, quia oblatio zelotypiarum est, oblatio memoriae revocans in memoriam iniquitatem.
16. And the priest shall bring her near, and set her before the Lord.
16. Et appropinquare faciet eam sacerdos, statuetque eam coram Jehova.
17. And the priest shall take holy water in an earthen vessel; and of the dust that is in the floor of the tabernacle the priest shall take, and put it into the water.
17. Tolletque sacerdos aquam sanctum in vase testaceo, de pulvere quoque qui fuerit in pavimento tabernaculi tollet sacerdos, et mittet in aquam illam.
18. And the priest shall set the woman before the Lord, and uncover the woman's head, and put the offering of memorial in her hands, which is the jealousy-offering: and the priest shall have in his hand. the bitter water that causeth the curse.
18. Tum statuet sacerdos mulierem coram Jehova, et discooperiet caput illius mulieris, ponetque super manus ejus oblationem memoriae, quae oblatio zelotypiarum est: et in manum sacerdotis erunt aquae amarae maledictae.
19. And the priest shall charge her by an oath, and say unto the woman, If no man have lain with thee, and if thou hast not gone aside to uncleanness with another instead of thy husband, be thou free from this bitter water that causeth the curse:
19. Et adjurabit eam sacerdos, dicetque illi, Si non coierit quispiam tecum, et si non declinaveris ad immunditiam sub viro tuo, munda esto ab aquis istis amaris maledictis:
20. But if thou hast gone aside to another instead of thy husband, and if thou be defiled, and some man have lain with thee besides thine husband:
20. Si vero declinaveris sub viro tuo, et polluta fueris, dederitque aliquis in te semen suum praeter virum tuum:
21. Then the priest shall charge the woman with an oath of cursing; and the priest shall say unto the woman, The Lord make thee a curse and an oath among thy people, when the Lord doth make thy thigh to rot, and thy belly to swell:
21. (Adjurabit, inquam, mulierem illam sacerdos adjuratione maledictionis, et dicet mulieri,) Det te Jehova in maledictionem et adjurationem in medio populi tui, quum dederit Jehova femur tuum cadens, et uterum tuum tumescentem:
22. And this water that causeth the curse shall go into thy bowels, to make thy belly to swell, and thy thigh to rot. And the woman shall say, Amen, amen.
22. Ingredianturque aquae maledictae istae in interiora tua, ut tumescere faciant uterum, et cadere faciant femur. Et dicet mulier illa, Amen, amen.
23. And the priest shall write these curses in a book, and he shall blot them out with the bitter water:
23. Et scriber maledictiones istas sacerdos in libro, et delebit postea illas cum aquis amaris:
24. And he shall cause the woman to drink the bitter water that causeth the curse: and the water that causeth the curse shall enter into her, and become bitter.
24. Tum ad potandum dabit mulieri aquas amaras maledictas, et ingredientur in eam aquae maledictae, in amaras.
25. Then the priest shall take the jealousy-offering out of the woman's hand, and shall wave the offering before the Lord, and offer it upon the altar.
25. Postea capiet sacerdos e manu mulieris oblationem zelotypiarum, et elevabit illam coram Jehova, offeretque eam super altare.
26. And the priest shall take an handful of the offering, even the memorial thereof, and burn it upon the altar, and afterward shall cause the woman to drink the water.
26. Tollet etiam sacerdos pugillum plenum de oblatione memoriam ejus, adolebitque illud super altare, et postea ad potandum dabit mulieri aquas:
27. And when he hath made her to drink the water, then it shall come to pass, that if she be defiled, and have done trespass against her husband, that the water that causeth the curse shall enter into her, and become bitter, and her belly shall swell, and her thigh shall rot: and the woman shall be a curse among her people.
27. Ad potandum, inquam, dabit ei aquas illas: et erit, si polluta fuerit, praevaricataque fuerit praevaricatione in virum suum, tunc ingredientur in illam aquae maledictae versae in amaritudinem, intumescetque uterus ejus, et cadet femur ejus: et erit mulier illa in maledictionem in medio populi sui.
28. And if the woman be not defiled, but be clean; then she shall be free, and shall conceive seed.
28. Quod si non fuerit polluta mulier, sed munda fuerit, munda erit, seminabiturque semine.
29. This is the law of jealousies, when a wife goeth aside to another instead of her husband, and is defiled;
29. Haec est lex zelotypiarum, quum diverterit mulier sub viro suo, et polluta fuerit.
30. Or when the spirit of jealousy cometh upon him, and he be jealous over his wife, and shall set the woman before the Lord, and the priest shall execute upon her all this law.
30. Aut viri super quem transierit spiritus zelotypiae, et zelatus fuerit uxorem suam, statueritque mulierem coram Jehova, ac fecerit ei sacerdos secundum omnem legem hanc.
31. Then shall the man be guiltless from iniquity, and this woman shall bear her iniquity.
31. Et innocens erit vir ille ab iniquitate, mulier vero illa portabit iniquitatem suam.
11. And the Lord spoke unto Moses. Although this ceremony appears to be part of the legal services, still I have thought fit to postpone it to this place, because it relates to the observance of the Seventh Commandment. The object of it is, lest women, trusting that they would escape punishment, should abandon themselves to unchastity, or lest jealousy should lead to dissension, and, by alienating the mind of the husband from the wife, should loosen the ties of pure affection, since thus the door would be open to many iniquities. By this rite, therefore, God proclaims Himself the guardian and avenger of conjugal fidelity; and hence it appears how acceptable a sacrifice in His sight is the chastity of married women, of which He condescends to profess Himself the guardian. It is, therefore, no trifling consolation to husbands, that God undertakes the cognizance of the secret wrong, if, perchance, their wives have dealt treacherously with them.
But it will be better to examine the details in order. When at the outset he says, — If a man's wife go aside, and her offense be concealed, an absurdity appears to be implied; as if He would thus bring to judgment none but those who should be convicted, whereas, if the fact were established, there would be no use in the application of the test. But the condition, "if she commit a trespass against him," does not signify that the woman's adultery should be discovered, but refers to the opinion of her husband; and thus the words must be paraphrased in this way: If any one should think that his wife has had connection with another man, and he cannot otherwise be relieved from the anxiety which oppresses him, let him appeal to God for that judgment, which is beyond the reach of man. Still God8 seems designedly to have expressed the crime, lest husbands should heedlessly involve their innocent wives in disgrace. We know that many are causelessly suspicious; and when jealousy has once taken possession of the mind, there is no room for moderation or equity.9 Wherefore it would be inhuman to permit morose and unreasonable husbands to drag their wives to this horrible judgment of God on account of certain trifling suspicions. For, if the husband were cruel and ungodly, it would be like putting a sword into the hands of a madman, to give him such a power without any distinction. God, therefore, implies that the priest should carefully consider, so as not too easily to receive every complaint; although He afterwards more clearly expresses Himself in another part of the conditions, "if a man be jealous of his wife, and she be not defiled."
15. Then shall the man bring his wife to the priest. This offering is different from the rest, which have been heretofore mentioned, because it is a kind of adjuration, whereby the woman exposes herself to be accursed. Pure meal without frankincense or oil is therefore offered, since the rite10 of expiation would not be in accordance with the curse. That the woman may be more afraid of perjuring herself, she is presented before God, with her head uncovered too, as if the priest would drag her from her lurking-place; for it seems incongruous that, as some suppose, the veil was removed from her head in token of her infamy, since thus she would have been condemned before her case was heard. She is, then, brought before God's face with her head bare, that she may be seriously alarmed; and then follows the mode of absolution or condemnation. The priest is commanded to take holy water in an earthen vessel, to throw in some dust from the floor, and then a book or scroll, on which were written the words of the curse, so that the blots should remain in the water, and so to give the cup to the woman. Some interpret the holy water to be that which was kept ill the brazen laver, to be always ready for the ablution of those engaged in duly offering sacrifices. Let my readers, however, consider whether he does not rather mean the water in which the ashes of the red heifer were sprinkled, and whereby solemn purifications were made, (Numbers 19:1,) as we have already seen. For thus the woman was admonished that, if she perjured herself, no further means of expiation remained. The dust collected from the floor was also a sign of detestation: in short, the whole proceedings were calculated to humble her, so that she might not double her offense by perjury. Besides, the priest is commanded to repeat the words of the curse, lest she should seek to escape by some subterfuge or other. The question, however, arises, why she should be compelled to imprecate evil upon herself rather than others were who were suspected of murder or other atrocious crimes? and I think it was for this reason, because no other offense can be so easily concealed. Lest, therefore, women should grow hardened from their cunning and evil arts, a remedy is provided against their various deceptions; and thus God shows that the marriage-bed is under His protection and safeguard. We must remember, too, that this was not a mere empty bugbear, inasmuch as God undoubtedly appeared as the open avenger of unfaithfulness, according to His declaration. Nor is the threat added in vain, that if the woman be a deceiver, she should be a curse among the people, because her belly should swell and her thigh dissolve; whilst, on the other hand, He does not promise in vain, that if she be innocent, she should not only be free, but prolific also; so that God's blessing would be the seal of her absolution. For this is the meaning of the expression, "she shall be sown with seed;"11 as, on the contrary, it was said that her thigh12 should dissolve when she wasted away with barrenness. We infer, from the opposite effects of the same water, that by the outward symbol God wrought with His secret power as the occasion demanded.