Deuteronomy 22:28

KJV

If a man find a damsel [that is] a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found;

KJV (with Strong's)

If a man {H376} find {H4672} a damsel {H5291} that is a virgin {H1330}, which is not betrothed {H781}, and lay hold {H8610} on her, and lie {H7901} with her, and they be found {H4672};

Complete Jewish Bible

"If a man comes upon a girl who is a virgin but who is not engaged, and he grabs her and has sexual relations with her, and they are caught in the act,

Berean Standard Bible

If a man encounters a virgin who is not pledged in marriage, and he seizes her and lies with her, and they are discovered,

American Standard Version

If a man find a damsel that is a virgin, that is not betrothed, and lay hold on her, and lie with her, and they be found;

Commentary

### SUMMARY
Deuteronomy 22:28 presents a specific legal case within ancient Israelite society concerning the sexual encounter between a man and an unbetrothed virgin. This verse details the initial discovery of the act, serving as the foundational premise for the legal consequences and restitution outlined in the subsequent verse. It underscores the profound value placed on a woman's virginity and honor, as well as the family's standing, within the covenant community, highlighting the societal and legal ramifications of sexual misconduct outside of marriage.

### CONTEXT
* **Literary Context:** Deuteronomy 22:28 is situated within a larger section of the book (chapters 12-26) that comprises the Deuteronomic Code, a collection of laws and statutes given to Israel as they prepared to enter the Promised Land. These laws serve as a foundational constitution for their life as God's covenant people, covering civil, criminal, and moral matters. Specifically, [Deuteronomy 22](/deuteronomy/22 "Deuteronomy 22 - Laws Concerning Sexual Purity and Social Order") addresses a variety of social regulations, including those pertaining to sexual purity, marriage, and family honor. Verses [22:23-27](/deuteronomy/22-23 "Deuteronomy 22:23-27 - Laws for Betrothed Virgins") deal with the distinct case of a betrothed virgin, where the penalty for sexual violation is death for both parties, reflecting the gravity of violating a pre-existing marital covenant. In contrast, [Deuteronomy 22:28-29](/deuteronomy/22-28 "Deuteronomy 22:28-29 - Laws for Unbetrothed Virgins") addresses the scenario of an unbetrothed virgin, where the legal outcome is different, emphasizing restitution and forced marriage, thus setting up the legal framework for the following verse.
* **Historical & Cultural Context:** Ancient Israel was a patriarchal society where family honor, lineage, and the purity of women were paramount. A woman's virginity was a crucial aspect of her value and her family's social standing, directly impacting her marriage prospects and the family's reputation. Marriage was not merely a romantic union but a vital social and economic institution, often arranged to secure alliances, property, and continuation of the family line. In this context, sexual activity outside of marriage was a serious transgression, bringing shame upon the woman and her family. The laws in Deuteronomy reflect a society where women, especially unbetrothed virgins, were vulnerable to exploitation. These statutes aimed to provide a measure of protection and a framework for justice and restitution in cases of sexual misconduct, ensuring social order and upholding the community's moral standards as defined by the Mosaic Law.
* **Key Themes:** This verse, and the surrounding laws, contribute to several key themes within Deuteronomy and the broader Pentateuch. Firstly, it underscores the **protection of the vulnerable**, as unbetrothed virgins, lacking the legal protection of a husband or a betrothal covenant, were particularly susceptible to exploitation. The law provides a legal recourse for such situations. Secondly, the passage emphasizes **sexual purity and honor**, foundational principles throughout the Mosaic Law that define acceptable sexual boundaries within the covenant community. Virginity before marriage and fidelity within marriage were upheld as divine standards, crucial for maintaining a holy people set apart for God. Thirdly, it highlights the theme of **justice and restitution**, as the law aims to provide a clear legal framework for addressing transgressions, ensuring a form of compensation or resolution for the wronged party, even if the specific outcomes differ from modern legal systems. Finally, these laws contribute to the overall theme of **societal order and holiness**, demonstrating how God's commands were designed to establish a just, stable, and morally upright society that reflected His character.

### EXPOSITION AND ANALYSIS

#### Key Word Analysis
* **Damsel (Hebrew, _na'arah'_):** This term refers to a young, unmarried woman, typically of marriageable age. Its use here specifies the age and marital status of the female involved, distinguishing her from a child or a married woman. The emphasis on her being "a virgin, which is not betrothed" further clarifies her specific legal status, which is critical for understanding the distinct legal ramifications outlined in this and the subsequent verse.
* **Lay hold on her (Hebrew, _taphas'_):** The verb _taphas_ literally means "to seize, grasp, or take hold of." In this context, it carries a strong connotation of physical appropriation or forceful action. While some commentators debate whether it implies outright rape or a forceful seduction, the phrase "lay hold on her, and lie with her" strongly suggests an act initiated by the man, involving an element of compulsion or aggressive pursuit rather than mutual consent. It indicates that the man is the active agent in the transgression.
* **Lie with her (Hebrew, _shakhav'_):** This is a common biblical euphemism for sexual intercourse. When combined with "lay hold on her," it clearly describes the physical act of sexual relations. The legal weight of the verse hinges on this act having occurred, regardless of the precise level of force, as it represents a violation of the woman's virginity and the established social and moral order concerning premarital sexual conduct.

#### Verse Breakdown
* **"If a man find a damsel [that is] a virgin, which is not betrothed,"**: This opening clause establishes the specific conditions under which the law applies. The "man" is the initiator. The "damsel" is a young woman. The crucial qualifiers are "virgin" (בְּתוּלָה, _betulah_), indicating her untouched sexual status, and "not betrothed," signifying that she is not yet legally bound to another man through a formal engagement. These two conditions are paramount, as they differentiate this case from other sexual offenses with different penalties (e.g., adultery with a married woman or a betrothed virgin).
* **"and lay hold on her, and lie with her,"**: This clause describes the prohibited action. "Lay hold on her" suggests an act of seizing, taking possession, or exerting control, implying a lack of full consent or an aggressive initiation on the man's part. "And lie with her" explicitly states that sexual intercourse occurred. Together, these phrases describe the physical act of sexual violation or seduction that results in the loss of the woman's virginity outside of marriage. The phrasing places the responsibility squarely on the man for initiating and completing the act.
* **"and they be found;"**: This final clause indicates that the act has been discovered or brought to public attention, triggering the legal process. The discovery could be through the woman's outcry, her family's investigation, or public knowledge. The legal system in ancient Israel required evidence or public awareness for a case to proceed, and this phrase signifies that the conditions for legal intervention have been met, setting the stage for the penalties detailed in [Deuteronomy 22:29](/deuteronomy/22-29 "Deuteronomy 22:29 - Consequences for Sexual Violation").

#### Literary Devices
Deuteronomy 22:28 employs several literary devices characteristic of legal texts in the Old Testament. The primary device is **Casuistic Law**, which presents laws in a conditional "if... then..." format. This verse provides the "if" clause, detailing the specific scenario ("If a man find a damsel... and lay hold on her, and lie with her, and they be found"), with the "then" clause and its consequences following in [Deuteronomy 22:29](/deuteronomy/22-29 "Deuteronomy 22:29 - The Legal Outcome"). This structure is typical of ancient Near Eastern legal codes, providing clear, case-by-case rulings. The phrase "lay hold on her, and lie with her" utilizes **Euphemism** for the sexual act, a common practice in biblical texts to describe sensitive matters without explicit detail. Furthermore, the repeated emphasis on the woman's status as "a virgin, which is not betrothed" serves as a form of **Emphasis** or **Repetition**, highlighting the crucial legal distinction that determines the specific penalty, underscoring the value placed on her premarital purity and legal status.

### THEOLOGICAL AND THEMATIC CONNECTIONS
Deuteronomy 22:28, while detailing a specific legal case, resonates with profound theological and thematic principles central to God's character and His covenant with Israel. It reveals God's concern for justice, particularly for the vulnerable, and His unwavering commitment to holiness and the sanctity of human relationships, especially within the context of marriage. The law underscores that sexual purity is not merely a social construct but a divine standard, reflecting God's own purity and His design for human flourishing. The violation of an unbetrothed virgin represents a transgression against the individual, her family, and the moral order of the community, necessitating a legal response that seeks to restore a measure of justice and deter future offenses. This highlights God's demand for accountability for actions that cause harm and disrupt the peace and purity of His people.

* [Exodus 22:16-17](/exodus/22-16 "Exodus 22:16-17 - Law Concerning Seduction of a Virgin")
* [Leviticus 18:20](/leviticus/18-20 "Leviticus 18:20 - Prohibition of Adultery")
* [Hebrews 13:4](/hebrews/13-4 "Hebrews 13:4 - Marriage and Purity")

### REFLECTION AND APPLICATION
While the specific legal mandates of Deuteronomy 22:28-29 belong to an ancient covenant context, the underlying principles remain profoundly relevant for believers today. This passage calls us to reflect on the enduring value God places on sexual purity, the sanctity of human bodies, and the importance of consent and respect in all relationships. It challenges us to champion the vulnerable, advocating for justice and protection for those who are exploited or abused. For individuals, it serves as a stark reminder of the serious consequences of sexual sin and the call to live lives of holiness, honoring God with our bodies. For the church, it underscores our responsibility to create communities that are safe, where victims are supported, and where biblical standards of sexual ethics are taught and upheld, mirroring God's heart for justice and His desire for a pure and holy people.

#### Questions for Reflection
* **How does this ancient law challenge modern perspectives on sexual consent and responsibility?**
* **In what ways can the church today better protect the vulnerable and advocate for justice in cases of sexual exploitation?**
* **What does this passage teach us about the enduring value of sexual purity and the sanctity of marriage in God's eyes?**
* **How should believers respond when faced with situations where individuals have been sexually wronged, balancing justice, grace, and restoration?**

### FAQ

**Is Deuteronomy 22:28-29 about rape or seduction?**

Answer: The Hebrew phrasing "lay hold on her, and lie with her" (תָּפַשׂ... וְשָׁכַב) is ambiguous enough to allow for both interpretations, and scholars have debated this for centuries. The verb _taphas_ ("to seize" or "take hold of") can imply force or coercion, suggesting rape. However, the absence of an explicit "outcry" clause (as seen in [Deuteronomy 22:23-27](/deuteronomy/22-23 "Deuteronomy 22:23-27 - Laws for Betrothed Virgins"), where the woman's failure to cry out implies consent in a city) leads some to believe it could also refer to a seduction that results in sexual intercourse where the man is the aggressor and initiator, taking advantage of an unbetrothed woman. The key distinction from the betrothed virgin case is the absence of a death penalty, indicating a lesser offense than violating a marital covenant. Regardless of the precise nature of the encounter (rape or seduction), the law holds the man fully responsible for the act and its consequences, highlighting the gravity of sexual activity outside of marriage and the violation of an unbetrothed virgin's honor.

**Why is the man compelled to marry the woman in Deuteronomy 22:29?**

Answer: [Deuteronomy 22:29](/deuteronomy/22-29 "The Consequences of Sexual Violation") stipulates two main consequences: a financial penalty of 50 shekels of silver paid to the woman's father, and the man's mandatory marriage to the woman, with the prohibition against ever divorcing her. This compulsion served multiple purposes in ancient Israelite society. Firstly, it provided **restitution** for the woman and her family. Her virginity was a key component of her honor and her value in the marriage market; its loss significantly diminished her prospects. The forced marriage and financial penalty aimed to compensate for this loss and prevent her from becoming an outcast. Secondly, it offered **protection and provision** for the woman, ensuring she would not be left destitute or shamed without a husband in a society where a woman's security was largely tied to her marital status. Thirdly, it served as a **deterrent** for men, as the financial penalty and the lifelong, indissoluble marriage were severe consequences for such an act. It underscored the seriousness of violating a woman's purity and the societal order.

### CHRIST-CENTERED FULFILLMENT
While Deuteronomy 22:28-29 addresses a specific legal scenario in ancient Israel, its underlying principles find profound Christ-centered fulfillment. The law, by exposing the gravity of sexual sin and the vulnerability of the wronged, reveals humanity's deep need for a perfect deliverer and a new covenant. Jesus, through His life and teachings, perfectly upholds the sanctity of sexual purity, not merely as an external legal requirement, but as a matter of the heart ([Matthew 5:27-28](/matthew/5-27 "Matthew 5:27-28 - Lust and Adultery")). He consistently championed the vulnerable and marginalized, offering compassion and justice to those exploited by sin and societal structures, as seen in His interaction with the woman caught in adultery ([John 8:1-11](/john/8-1 "John 8:1-11 - The Woman Caught in Adultery")) or the woman at the well ([John 4:1-42](/john/4-1 "John 4:1-42 - Jesus and the Samaritan Woman")). Ultimately, the law's inability to fully restore the brokenness caused by sin points to Christ's atoning sacrifice, which provides true forgiveness for sexual sin and empowers believers to live in newness of life, free from its dominion ([1 Corinthians 6:9-11](/1_corinthians/6-9 "1 Corinthians 6:9-11 - Warning Against Immorality")). In Christ, the church is presented as a pure and spotless bride ([Ephesians 5:25-27](/ephesians/5-25 "Ephesians 5:25-27 - Christ's Love for the Church")), reflecting God's ultimate desire for a people cleansed and made holy, fulfilling the spirit of purity and honor that the Old Testament law sought to instill.

Note: Commentary is generated by AI with a directive for Biblical fidelity. Always rely on the Holy Spirit for discernment. The Scripture text and cross-references are from verified, non-AI sources.

Cross-References

Exodus 22:16

¶ And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.

Exodus 22:17

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