[116] Cf. 1 Sam. xxv. 18 ff; 2 Sam. xiv. 1 ff.
[117] Cf. Exod. xv. and 1 Sam. xviii. 6 f.
Bearing these preliminary considerations in mind, we now go on to consider the actual legislation in regard to the relations of the sexes. But here we must once more recall the fact that, in regard to all matters vitally affecting the community, there had always been a custom, and even before written law appears that custom had been adopted and modified in Yahwism by Moses himself. That this was actually the case here is rendered highly probable by the history of legislation in this matter. In the Book of the Covenant there is no mention of sexual sin, save in one passage (Exod. xxii. 16), where the penalty for seduction of a virgin who is not betrothed is that the seducer shall offer a "_mohar_" for her, and marry her without possibility of divorce, if her father consent. If he will not, then the "_mohar_" is forfeited to the father nevertheless, as compensation for the degradation of his daughter. But it is obvious that there must have been laws or customs regulating marriage other than this, for without them there could have been no such crime as is here punished. Obviously, also, there must have been laws or customs of divorce. But of what these laws of marriage and divorce were Exodus gives us no hint. Deuteronomy, the next code, which on the critical hypothesis arose at a much later time as a revision of the Book of the Covenant, contains much more, _i.e._ it draws out of the obscurity of unwritten custom a more extensive series of provisions in regard to purity. The Law of Holiness then adds largely to Deuteronomy, and with it the main points of the law of purity have attained to written expression. But the influence of the higher standard set in the Decalogue also makes itself felt,--not in the law so much as in the historic books and the prophets--and our task now is to trace out first the legal development, then the prophetical, and to show how the whole movement culminated and was crowned in the teaching of Christ.
Beginning then with Deuteronomy, we find that the chastity of women was surrounded by ample safeguards. Religious prostitution was absolutely prohibited (Deut. xxiii. 18). Further, if any violence was done to a woman who had been betrothed, the punishment of the wrong was death; if done to a woman who was not betrothed, the wrong was atoned for by payment of fifty shekels of silver to her father, and by offering marriage without possibility of divorce. If marriage was refused, then the fifty shekels was retained by the father in consideration of the wrong done him. When the woman was a sharer in the guilt the punishment in all cases was death; while pre-nuptial unchastity, when discovered after marriage, was punished, as adultery also was, with the same severity.[118] In women who were free, therefore, purity was demanded in Israel as strenuously as it ever has been anywhere, though in man the only limit to sexual indulgence was the demand, that in seeking it he should not infringe upon the father's property in his daughter, or the husband's in his wife or his betrothed bride.
[118] Chap. xxii. 13-18.
Admittedly the original underlying motive for this moral severity was a low one, the mere proprietary rights of the father or husband. But it would be a mistake to suppose that purely ethical and religious motives had no place in establishing the customs or enactments which we find in Deuteronomy. With the lapse of time higher motives entwined themselves with the coarse strand of personal proprietary interest, which had originally, though perhaps never alone, been the line of limitation. Gradually there grew up a standard of higher purity; and when Deuteronomy was written, though the original line was still clearly visible, it was justified by appeals to a moral sense which reached far beyond the original motives of the customary law. The continually recurring burden of Deuteronomy in dealing with these matters is that to work "folly in Israel" is a crime for which only the severest punishment can atone. To "extinguish the evil from Israel," and to put away such things as were "abominations to Yahweh their God," are the great reasons on which the writer of Deuteronomy founds the claim for obedience in these cases. Obviously, therefore, by his time, under the teaching of the religion of Yahweh, Israel had risen to a moral height which took account of graver interests than the rights of property in legislating for female purity. The cases included in the law had been determined by considerations of that kind; but the sanctions by which the commands were buttressed had entirely changed their character. The holiness of God and the dignity of man, the consideration of what alone was worthy of a "son of Israel," have taken the place of the coarser sanctions. In this way a possibility of unlimited moral progress was secured, since the cause of purity was indissolubly bound to the general and irresistible advance of religious and moral enlightenment in the chosen people.