These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul.
I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, Deu 22:13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire - those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, Deu 22:18, Deu 22:19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (Deu 24:1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Psa 50:20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own.
II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, Deu 22:20, Deu 22:21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen 34:7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people.
III. If any man, single or married, lay with a married woman, they were both to be put to death, Deu 22:22. This law we had before, Lev 20:10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children.
IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, Deu 22:23, Deu 22:24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur - Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, Deu 22:24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help (Succurre, Domine, vim patior - Help me, O Lord, for I suffer violence), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee.
V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, Deu 22:28, Deu 22:29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of.
VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (Deu 22:30) from Lev 18:8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, Co1 5:1.
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Introduction
INTRODUCTION TO DEUTERONOMY 22
In this chapter are various laws, concerning care of a neighbour's cattle gone astray or in distress, and of anything lost by him, Deu 22:1, forbidding one sex to wear the apparel, of another, Deu 22:5 and the taking away of the dam with the young found in a bird's nest, Deu 22:6, ordering battlements to be made in a new house, Deu 22:8, prohibiting mixtures in sowing, ploughing, and in garments, Deu 22:9, requiring fringes on the four quarters of a garment, Deu 22:12, fining a man that slanders his wife, upon producing the tokens of her virginity, Deu 22:13 but if these cannot be produced, then orders are given that she be put to death, Deu 22:20, then follow other laws, punishing with death the adulterer and adulteress, and one that hath ravished a betrothed damsel, Deu 22:22, amercing a person that lies with a virgin not betrothed and she consenting, and obliging him to marry her, and not suffering him to divorce her, Deu 22:28 and another against a man's lying with his father's wife, Deu 22:30.
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If any man take a wife, and go in unto her, and hate her. That is, marries a wife, and cohabits with her as man and wife, and after some time dislikes her, and is desirous of parting with her, and therefore takes the following wicked method to obtain it: this is to be understood of a virgin taken to wife, as the Targum of Jonathan explains it; and what follows confirms it.
If any man take a wife, and go in unto her, and hate her. That is, marries a wife, and cohabits with her as man and wife, and after some time dislikes her, and is desirous of parting with her, and therefore takes the following wicked method to obtain it: this is to be understood of a virgin taken to wife, as the Targum of Jonathan explains it; and what follows confirms it.
Deuteronomy 22:14
deu 22:14
deu 22:14
deu 22:14And give occasions of speech against her,.... Among her neighbours, who by his behaviour towards her, and by what he says of her, will be led in all company and conversation to traduce her character, and speak of her as a very bad woman:
and bring up an evil name upon her; take away her good name, and give her a bad one; defame her, and make her appear scandalous and reproachful to all that know her: though the Jews understand this not of private slander, but of bringing an action against her in a public court of judicature, the substance of which follows: "and say, I took this woman, and when I came to her, I found her not a maid"; the sense is, that he had married her, and when he came to cohabit with her as man and wife, it appeared to him that she was vitiated, and not a pure virgin. This is the charge in court against her, the action laid by him; so Jarchi observes, a man might not say this but before a magistrate, in a court of judicature, which is thus represented by Maimonides (p);"a man comes to the sanhedrim, and says, this young woman I married, and I did not find her virginities; and when I inquired into the matter, it appeared to me that she had played the whore under me, after I had betrothed her; and these are my witnesses that she played the whore before them.''
(p) Hilchot Naarah Betulah, c. 3. sect. 6.
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