Exodus 22:16–17

Exodus 22:16

And if a man seduce a virgin that is not betrothed, and lie with her, he shall certainly endow her, to be his wife.

This verse belongs to a long run of case laws given to Israel after the Ten Commandments. It deals with a man who seduces a girl who is not engaged, and it answers him with a debt he must pay.

A crime of fraud

The rulings just before this one deal with theft, and one writer sets seduction beside them.

If in Exodus 21 we get judgments which extend "You shall not kill," in Exodus 22 we find judgments extending "You shall not steal." Men can defraud each other in many ways. This theme continues to the end of verse 17, because a girl may be defrauded of her virtue. A penalty stands against this as against all the rest. The first demand is for "restitution." If that is not possible, then he must pay damages. No one could devise a fairer penalty than this.

F. B. Hole

Guilt shared, responsibility placed

The law names the man and puts the cost on him. The woman still has a share in the blame, but he cannot walk away as if nothing happened.

We now come to commands of a different kind. The first of these deals with sexual desire (v. 16). The guilt is supposed here to attach mainly to the man — though the woman is not excepted from her share. But a man cannot sin lightly and then act as if he had not sinned, especially in the way mentioned here. So he incurred the obligation of endowing her to be his wife.

Edward Dennett

What the bride-price was

Older translations call this payment a "dowry." It was a normal part of marriage in that world, not a fine invented for this case.

The sum paid by a man to the relatives of the woman who becomes his wife (Gen. 34:12; Ex. 22:16-17; 1 Sam. 18:25; compare Hosea 3:2). Leah, on having her sixth son, devoutly said, "God has endowed me with a good endowment." Gen. 30:20. The dowry Jacob gave for his wives was seven years' service for each. Gen. 29:18, 27.

Morrish Bible Dictionary

So the law makes him pay the full marriage price for what he took. The next verse leaves the final say with the girl's father:

A man seducing a woman who was not engaged or married was responsible to marry her. If the father of the girl refused this, the guilty man had to pay money to the father (v. 17).

L. M. Grant

Why God ties the act to a lasting bond

A parallel law in Deuteronomy names the sum and shuts the door on divorce.

Suppose a man and woman who were neither married nor engaged were guilty of sexual intercourse. The man had to pay fifty shekels of silver to the woman's father and keep her as his wife. He could never divorce her (vv. 28-29). In all these things God shows the seriousness of having sexual relationships. He intended this only within the marriage bond. Those who violate that today can expect unpleasant consequences, as well as the displeasure of the Lord.

L. M. Grant

The principle carried into the New Testament

Dennett carries the principle from this case law to Paul, then to Christ's words on divorce, and then to human law.

Paul lays down the principle. "Do you not know," he says, "that he who is joined to a prostitute becomes one body with her? For, as it is written, 'The two will become one flesh'" (1 Cor. 6:16). For the same reason our blessed Lord taught, "Whoever divorces his wife, except for sexual immorality, and marries another, commits adultery" (Matt. 19:9). What a comment this is on human laws that permit divorce on other grounds. Such laws ignore the wisdom of God completely, and betray total ignorance of the basic relationships between man and woman. We are bound to obey the governing authorities when they are not in conflict with the authority of God. Even so, the law of the land cannot be the guide for the conscience of the believer or of the church.

Edward Dennett

Summary

- Theft. This case falls under "You shall not steal." A man can defraud a girl of her virtue, and the law answers with restitution or damages.

- Debt. The guilt attaches mainly to the man. He cannot sin and then act as if he had not sinned, so he must endow her as his wife.

- Price. The bride-price was the ordinary sum a man paid to his wife's relatives. Jacob paid it with seven years of service for each wife.

- Bond. Deuteronomy names fifty shekels and bans divorce. God intended physical union only inside marriage.

- Conscience. Paul says the two become one flesh. So the law of the land cannot rule a believer's conscience where it conflicts with God.

Exodus 22:17

If her father utterly refuse to give her unto him, he shall weigh money according to the dowry of virgins.

Verse 16 sets up the case: a man has seduced a young woman who is not married or engaged. Marriage is the normal outcome, but her father can refuse — and verse 17 says what happens then.

A Case of Theft

Most of this chapter deals with property — oxen, fields, borrowed goods, and what a thief must repay. One writer explains why a law about a young woman sits in that chapter.

In Exodus 21 we get judgments that extend "You shall not kill." In Exodus 22 we get judgments that extend "You shall not steal." Men may defraud each other in many ways, and this theme runs to the end of verse 17. A young woman may be defrauded of her virtue, and a penalty stands against this as against all the rest. The first demand is for "restitution," and, if that is not possible, then damages must be paid. No fairer form of penalty than this can be devised.

F. B. Hole

So marriage in verse 16 is the restitution. Verse 17 is the damages clause, for when the father refuses it.

The Man Cannot Walk Away

The law does not treat the act as a private matter that time will erase. It fastens a permanent obligation on the man.

This law deals with sexual desire (v. 16). The guilt here is treated as belonging mainly to the man — though the woman is not excused from her share. But a man cannot sin lightly and then act as if he had not sinned, especially in the way mentioned here. So he took on the obligation of paying her bride-price and having her as his wife. Paul states the principle. "Do you not know," he says, "that he who is joined to a prostitute becomes one body with her? For, as it is written, 'The two will become one flesh'" (1 Corinthians 6:16). For the same reason our Lord taught, "Whoever divorces his wife, except for sexual immorality, and marries another, commits adultery" (Matthew 19:9). What a comment on human laws that allow divorce on other grounds. They ignore the wisdom of God, and they show complete ignorance of the basic relationships between man and woman.

Edward Dennett

What "Bride-Price" Means

The sum in verse 17 is not an arbitrary fine. It is the standard payment a man made to marry — older translations call it the "dowry."

The sum paid by a man to the relatives of the woman who becomes his wife. Genesis 34:12; Exodus 22:16-17; 1 Samuel 18:25; compare Hosea 3:2. Leah, on having her sixth son, said devoutly, "God has endowed me with a good endowment." Genesis 30:20. The dowry which Jacob gave for his wives was seven years' service for each. Genesis 29:18, 27.

Morrish Bible Dictionary

So the man pays what an honest suitor would have paid, and gets no wife for it.

The Father's Veto

The daughter is not handed over to the man who wronged her. Her father decides, and his refusal does not cancel the debt.

A man seducing a woman who was not engaged or married was responsible to marry her. If the father of the girl refused this, the guilty man had to pay money to the father (v. 17).

L. M. Grant

God's Guard Over the Weaker Side

This law is one of a long series of judgments in Exodus 21-23. They all share one concern.

After this follow the general institutions of the law, which mainly insist on retribution. No one may take advantage of the weak or the dependent. Violence cannot go unpunished, and neither can dishonour where we owe respect. Restitution must be made, and this double, fourfold, or even fivefold, according to the wrong.

William Kelly

Another writer sees the same care running through every statute in this section:

It is not necessary for our purpose to consider each statute in detail; a few only will be enough, though the consideration of each would yield valuable instruction as witnessing to God's gracious care and protection of those who were weak and in a position of inferiority, and who, as such, might be subject to oppression and to being unjustly dealt with by those who were stronger and in a place of authority over them.

An Outline of Sound Words

The Lasting Lesson

Another writer restates the same case, with the sum named, and then draws the lesson that outlasts the legal code:

If a man and woman who were not married or engaged were guilty of sexual intercourse, the man had to pay fifty shekels of silver to the woman's father. He also had to keep her as his wife, and he was never allowed to divorce her. In all of these things God shows the seriousness of having sexual relationships. He intended it only within the marriage bond. Those who break that today can expect unpleasant consequences, and the displeasure of the Lord.

Leslie M. Grant

Summary

- Theft. Verse 17 sits in a chapter about what people take from each other. A young woman can be defrauded of her virtue, just as a neighbour can lose an ox.

- Restitution. Marriage is the first demand — the wrong repaired at its root. Money enters only when her father refuses that repair.

- Debt. The man cannot sin and then act as if he had not sinned. The act itself creates the obligation, because the two become one flesh.

- Price. What he pays is the ordinary bride-price a suitor would give — the full cost of a marriage, with no wife to show for it.

- Protection. Behind all these judgments stands a God who will not let the strong take advantage of the weak.