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8.4 Sexual Offenses
8.4.1 Adultery^75
In a culture that allows both prostitution and polygyny, the adul-
terer is a man who sleeps with a married woman. Both he and the
woman are to be executed (Lev. 20:11; Deut. 22:22; see Ezek. 16:40).
Proverbs, while warning against adultery, suggests that a cuckolded
husband will be too furious “on the day of vengeance” to accept
any bribes to let the adulterer go free. This does not mean that the
husband had the legal right to spare an adulterer but rather that a
husband who finds his wife with another man will not be dissuaded
from testifying against them (Prov. 6:34–35).^76 Once he did, execution
was assured. Adultery is prohibited in the Ten Commandments and
is one of the sexual misdeeds that pollute the land (Lev. 18:20, 25).8.4.1.1 Intercourse with an engaged woman is adultery, punishable
by stoning (Deut. 22:23–24). A wife proven to be a non-virgin bride
is also to be stoned (Deut. 22:20–21).8.4.1.2 A woman awaiting the levirate may not have intercourse.
In the story of Judah and Tamar (Gen. 38), Tamar’s apparent inter-
course with an unknown man is labeled a faithless act (zinnunim),
and she is to be executed.8.4.1.3 A man who has sex with a slave not yet redeemed or freed,
but ne ̇erepetto a man must pay a claim (biqqoret) and bring a ram
for expiation; the man and woman are not executed for adultery
(Lev. 19:20–22). The term ne ̇erepet is commonly translated “desig-
nated,” as a form of slave betrothal, but there is no evidence for
this meaning; Exodus 21:8 uses y'd. An alternative suggestion is
“pledged” (like 'rb), so that the law protects girls distrained for their
parents’ debt. The law is also unclear as to who sleeps with the slave
girl—her owner or some third party.(^75) Anderson, “Law in Old Israel.. .” (with review of earlier literature).
(^76) Near Eastern texts that describe the husband tying up the adulterous couple
to demonstrate their adultery suggests that in Israel too the husband played a role
in their public condemnation.
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