death or injury, the punishment was “ironic”—his hand was cut off
(LH 218). A scholarly problem found in several codes is a blow to
a woman that causes a miscarriage (LU 23'–24'; LH 209–14; HL
17–18; Exod. 21:22–25).8.6.2.3 Adultery^63
Adultery was consensual sexual intercourse by a married woman
with a man other than her husband. Husbands could have multiple
sexual partners and although certain liaisons were restricted by law
or morality, they were not regarded as adultery. Juridically, adultery
was a triple offense. As regards the wife, it was an offense of dis-
loyalty against her husband, which we have discussed under the first
category above. As regards the paramour, it was a serious wrong
against the husband, which gave the husband the dual right of
revenge or payment (cf. Prov. 6:32–35). The husband could demand
the death penalty, but his revenge could not exceed the punishment
that he imposed on his wife, and if he forgave his wife, the para-
mour was to be pardoned (LH 129; MAL A 14–16; HL 198). The
husband could kill the lovers if he caught them in flagranti delicto, on
condition that he killed both (LH 129; HL 198). The concern of
the law was to prevent husband and wife conspiring to entrap a
third party. As regards both lovers, adultery was also an offense
against the gods, especially since it often went undetected.8.6.2.4 Rape^64
Rape of a married woman (or a betrothed—a standard scholarly
problem) was a serious wrong against her husband or fiancé, exactly
like adultery (LU 6; LH 130; MAL A 12; Deut. 22:23–27). The
difference was that lack of consent on the woman’s part exonerated
her from punishment for adultery. Nonetheless, the wife was not
regarded merely as property for these purposes; the rape of a slave
woman, which was a property offense, was treated altogether differently.
In both adultery and rape, the attaint was to the husband’s honor
and marital rights.
Rape of an unbetrothed maiden was an offense against her father.
MAL A 55 imposes vicarious talion; Deuteronomy 22:28–29 treats(^63) Lafont, Femmes.. .; Westbrook, “Adultery...”
(^64) Lafont, Femmes.. ., 133–71.
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