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Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Exodus 22:16–24. His three-level outline is real structure in the source text, so it is rendered as structure.
Here is, I. A law that he who debauched a young woman should be obliged to marry her, Exo 22:16, Exo 22:17. If she was betrothed to another, it was death to debauch her (Deu 22:23, Deu 22:24); but the law here mentioned respects her as single. But, if the father refused her to him, he was to give satisfaction in money for the injury and disgrace he had done her. This law puts an honour upon marriage and shows likewise how improper a thing it is that children should marry without their parents' consent: even here, where the divine law appointed the marriage, both as a punishment to him that had done wrong and a recompence to her that had suffered wrong, yet there was an express reservation for the father's power; if he denied his consent, it must be no marriage.
II.A law which makes witchcraft a capital crime, Exo 22:18.
Witchcraft not only gives that honour to the devil which is due to God alone, but bids defiance to the divine Providence, wages war with God's government, and puts his work into the devil's hand, expecting him to do good and evil, and so making him indeed the god of this world; justly therefore was it punished with death, especially among a people that were blessed with a divine revelation, and cared for by divine Providence above any people under the sun. By our law, consulting, covenanting with, invocating, or employing, any evil spirit, to any intent whatsoever, and exercising any enchantment, charm, or sorcery, whereby hurt shall be done to any person whatsoever, is made felony, without benefit of clergy; also pretending to tell where goods lost or stolen may be found, or the like, is an iniquity punishable by the judge, and the second offence with death. The justice of our law herein is supported by the law of God recorded here.
III.Unnatural abominations are here made capital; such beasts in the shape of men as are guilty of them are unfit to live (Exo 22:19): Whosoever lies with a beast shall die.
IV.Idolatry is also made capital, Exo 22:20.
God having declared himself jealous in this matter, the civil powers must be jealous in it too, and utterly destroy those persons, families, and places of Israel, that worshipped any god, save the Lord: this law might have prevented the woeful apostasies of the Jewish nation in after times, if those that should have executed it had not been ringleaders in the breach of it.
V.A caution against oppression.
Because those who were empowered to punish other crimes were themselves most in danger of this, God takes the punishing of it into his own hands.
1.Strangers must not be abused (Exo 22:21), not wronged in judgment by the magistrates, not imposed upon in contracts, nor must any advantage be taken of their ignorance or necessity; no, nor must they be taunted, trampled upon, treated with contempt, or upbraided with being strangers; for all these were vexations, and would discourage strangers from coming to live among them, or would strengthen their prejudices against their religion, to which, by all kind and gentle methods, they should endeavour to proselyte them. The reason given why they should be kind to strangers is, "You were strangers in Egypt, and knew what it was to be vexed and oppressed there," Note,
(1.)Humanity is one of the laws of religion, and obliges us particularly to be tender of those that lie most under disadvantages and discouragements, and to extend our compassionate concern to strangers, and those to whom we are not under the obligations of alliance or acquaintance. Those that are strangers to us are known to God, and he preserves them, Psa 146:9.
(2.)Those that profess religion should study to oblige strangers, that they may thereby recommend religion to their good opinion, and take heed of doing any thing that may tempt them to think ill of it or its professors, Pe1 2:12.
(3.)Those that have themselves been in poverty and distress, if Providence enrich and enlarge them, ought to show a particular tenderness towards those that are now in such circumstances as they were in formerly, doing now by them as they then wished to be done by.
2.Widows and fatherless must not be abused (Exo 22:22): You shall not afflict them, that is, "You shall comfort and assist them, and be ready upon all occasions to show them kindness." In making just demands from them, their condition must be considered, who have lost those that should deal for them, and protect them; they are supposed to be unversed in business, destitute of advice, timorous, and of a tender spirit, and therefore must be treated with kindness and compassion; no advantage must be taken against them, nor any hardship put upon them, from which a husband or a father would have sheltered them. For,
(1.)God takes particular cognizance of their case, Exo 22:23. Having no one else to complain and appeal to, they will cry unto God, and he will be sure to hear them; for his law and his providence are guardians to the widows and fatherless, and if men do not pity them, and will not hear them, he will. Note, It is a great comfort to those who are injured and oppressed by men that they have a God to go to who will do more than give them the hearing; and it ought to be a terror to those who are oppressive that they have the cry of the poor against them, which God will hear. Nay,
(2.)He will severely reckon with those that do oppress them. Though they escape punishments from men, God's righteous judgments will pursue and overtake them, Exo 22:24. Men that have a sense of justice and honour will espouse the injured cause of the weak and helpless; and shall not the righteous God do it? Observe the equity of the sentence here passed upon those that oppress the widows and fatherless: their wives shall become widows, and their children fatherless; and the Lord is known by these judgments, which he sometimes executes still.
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Summary
Exodus 22:16 presents a specific legal statute within ancient Israel's civil code, addressing the scenario where an unbetrothed woman is enticed into sexual relations. This law mandates that the man responsible must pay the customary bride-price and marry her. This provision served to protect the woman's honor and social standing, ensure her financial security, and reinforce the sanctity of marriage as the divinely ordained context for sexual intimacy and the foundation of family within the covenant community.
Context
Literary Context
Exodus 22:16 is situated within the "Book of the Covenant" (Exodus 20:22-23:33), a foundational collection of civil and social laws delivered by God to Moses immediately following the Ten Commandments. This section marks a transition from broad moral principles to detailed casuistic (case-by-case) legislation governing daily life in Israel. Chapter 22, in particular, addresses various offenses against property, personal injury, and social order, before delving into regulations concerning sexual conduct, cultic purity, and social responsibilities. The "if...then" structure of this law is characteristic of casuistic legal formulations prevalent in ancient Near Eastern law codes. This specific statute concerning enticement is part of a broader legal framework designed to uphold sexual purity, protect vulnerable members of society, particularly women, and maintain the moral and social integrity of the Israelite community, emphasizing the consequences of actions that disrupt divinely established order.
Historical & Cultural Context
In the patriarchal societies of the ancient Near East, including Israel, a woman's virginity prior to marriage was of paramount importance, directly linked to her family's honor and her own eligibility for a respectable union. To "entice" (Hebrew: pathah) an unbetrothed woman and engage in sexual intercourse with her outside of marriage brought significant shame upon her and her family, potentially jeopardizing her future marriage prospects and social standing. This law distinguishes between an unbetrothed woman and a betrothed woman; sexual relations with a betrothed woman by another man constituted adultery, which was a capital offense (as detailed in Deuteronomy 22:23-24). The requirement for the man to "endow her" (Hebrew: mahar) refers to the payment of a bride-price, a customary sum given by the prospective groom to the bride's father as compensation for the loss of his daughter's labor and as a demonstration of his commitment and ability to provide for her. This legal provision, therefore, functioned as a form of restorative justice, aiming to mitigate the dishonor and economic vulnerability of the woman by compelling the man to legitimize the relationship through marriage and financial provision, thereby reinforcing the foundational principle of marriage as the divinely ordained context for sexual intimacy and procreation. It also stands distinct from the law concerning rape in Deuteronomy 22:28-29, where the emphasis is on violent coercion rather than enticement.
Key Themes
This verse contributes to several major theological and narrative themes found throughout the Book of Exodus and the broader Pentateuch. Firstly, it underscores the theme of Divine Justice and Equity, demonstrating God's meticulous concern for fair and equitable treatment within the covenant community, particularly for the vulnerable. Secondly, it highlights the Sanctity of Human Sexuality and Marriage, establishing clear boundaries for sexual expression within the covenant of marriage and emphasizing its sacred nature as a reflection of God's design for human flourishing. Thirdly, the law speaks to the theme of Personal Responsibility and Consequences, illustrating that actions, especially those that violate social and moral norms, carry significant and divinely mandated repercussions. Finally, it reinforces the concept of Restoration and Protection, as the law's aim is not merely punitive but also restorative, seeking to provide security and dignity for the wronged party and to maintain the purity and order of the community, reflecting God's desire for His people to live in holiness before Him, as seen in the broader call to be a holy nation in Exodus 19:5-6.
Exposition and Analysis
Key Word Analysis
This term, derived from an unused root meaning "to separate," refers to a virgin, emphasizing her privacy and unviolated status. In this context, it specifically denotes a young, unmarried woman who has not yet experienced sexual intercourse, making her particularly vulnerable and her virginity a significant aspect of her honor and eligibility for marriage. The law's concern is precisely for the protection of such an individual.
A primitive root meaning "to open" or "to make roomy," this verb is often used figuratively to mean "to persuade," "to deceive," or "to delude." In Exodus 22:16, it implies a deliberate act of seduction or persuasion by the man that leads the woman into sexual relations, distinguishing it from violent coercion. The nuance suggests that while the woman may have been led astray, the man initiated the illicit encounter and bears the primary moral and legal culpability.
This primitive root, possibly related to the idea of "readiness in assent," specifically means "to bargain for a wife" or "to wed." It refers to the payment of the mohar or bride-price by the groom to the bride's father. This payment was a crucial element in legitimizing a marriage in ancient Israel, serving as a form of compensation to the family for the loss of their daughter's labor and as a demonstration of the groom's commitment and ability to provide. The law's mandate for the man to "surely endow her" underscores the compulsory nature of this restitution and marriage.
Verse Breakdown
"¶ And if a man entice a maid that is not betrothed,"
This initial clause establishes the specific conditions for the legal case. The "man" (H376, ʼîysh), as the active agent, initiates the "enticement" (H6601, pâthâh) of a "maid" (H1330, bᵉthûwlâh). The crucial qualifier "that is not betrothed" (H781, ʼâras) is vital, as it differentiates this offense from adultery, which involved a woman already legally bound to another man. The term "maid" here strongly implies virginity, highlighting the violation of her purity and social standing.
"and lie with her,"
This second clause describes the consummation of the enticement, the sexual act itself. The phrase "lie with her" (H7901, shâkab) is a common biblical euphemism for sexual intercourse. Together, the first two clauses define the complete offense: a deliberate act of seduction followed by the illicit sexual encounter.
"he shall surely endow her to be his wife."
This final clause prescribes the mandatory legal consequence. The man is not given an option but is legally obligated to "surely endow her" (H4117, mâhar), meaning he must pay the customary bride-price to the woman's father, and then "to be his wife" (H802, ʼishshâh). This serves as both a penalty for the man's sin and a form of vital restitution for the woman, ensuring her future social standing, dignity, and financial security within the community, thereby restoring order.
Literary Devices
Exodus 22:16 is a quintessential example of Casuistic Law, a common legal form in the ancient Near East. This is evident in its "if...then" structure (implied by "And if a man...he shall..."), which presents a specific hypothetical case and prescribes its corresponding legal outcome. This contrasts with Apodictic Law (e.g., the Ten Commandments), which consists of absolute, unconditional commands. The verse also functions as a Legal Precedent, establishing a clear ruling for similar future cases, thus contributing to the comprehensive legal framework of Israelite society. Furthermore, there is an implicit Contrast at play, distinguishing this offense from other sexual transgressions within the Mosaic Law, such as rape (Deuteronomy 22:28-29) or adultery involving a betrothed woman (Deuteronomy 22:23-24). This contrast highlights the nuanced legal and social implications based on the woman's marital status and the nature of the man's action (enticement versus violent coercion), demonstrating the Law's detailed and differentiated approach to justice.
Theological and Thematic Connections
This ancient law, while rooted in the specific societal norms of Israel, reveals enduring theological principles concerning human sexuality, justice, and the sanctity of covenant. It profoundly underscores God's deep concern for the protection of the vulnerable, especially women, and His unwavering desire for purity, order, and righteousness within His covenant community. The mandatory marriage and bride-price are not merely punitive but serve as a powerful form of restorative justice, designed to mitigate the profound damage caused by sexual sin and to provide security and dignity for the wronged party. This reflects God's character as a just and compassionate Judge who seeks not only to punish wrongdoing but also to restore brokenness and uphold the integrity of His people. The overarching theological theme is that sexual intimacy is a sacred gift, intended solely for the covenant of marriage, and any deviation from this divine design carries significant consequences, impacting not only individuals but the entire community's relationship with a holy God.
Reflection and Application
While the specific legal enforcement of compulsory marriage and bride-price is a feature of the Mosaic civil code not directly applicable to modern societies, the profound underlying principles of Exodus 22:16 remain profoundly relevant and spiritually nourishing for believers today. This passage compels us to cultivate a deep sense of personal responsibility for our actions, particularly in the realm of sexual purity, recognizing that our choices carry lasting and often devastating consequences for ourselves, for others, and for the purity of the community. It challenges us to uphold the sanctity of marriage as God's exclusive design for sexual intimacy, viewing it as a sacred and unbreakable covenant rather than a casual or temporary arrangement. Furthermore, this law powerfully reminds us of God's unwavering heart for justice and His steadfast commitment to protect the vulnerable. As followers of Christ, we are called to embody this divine concern, actively advocating for and protecting those whose honor, dignity, or well-being is compromised, especially in matters of sexual integrity. It encourages us to pursue righteousness in all our relationships and to seek pathways of restorative grace when sin causes harm, thereby reflecting the very character of God to a broken world.
Questions for Reflection
FAQ
Does this law apply to Christians today, and how should we interpret it?
While Exodus 22:16 is part of the Mosaic civil law given specifically to ancient Israel, and its direct legal enforcement (mandatory marriage and bride-price) is not binding on Christians today, the underlying moral and theological principles are profoundly relevant. Christians are not under the Mosaic Law as a covenant of salvation or a daily civil code, but the Law serves as an indispensable revelation of God's holy character, His unchanging standards of righteousness, and His heart for justice and purity. We interpret this passage by discerning its eternal principles: the high value God places on sexual purity, the sanctity of marriage as the proper and exclusive context for sexual intimacy, the importance of personal responsibility for one's actions, and God's compassionate concern for the protection and welfare of the vulnerable. New Testament teachings consistently affirm these principles, emphasizing the call to sexual purity (e.g., 1 Corinthians 6:18) and the honor due to marriage (Hebrews 13:4).
What is the difference between "entice" in Exodus 22:16 and "rape" as described elsewhere in the Old Testament?
The fundamental distinction lies in the nature of the man's action and the presence or absence of the woman's consent. In Exodus 22:16, "entice" (Hebrew: pathah) implies persuasion, seduction, or leading astray, suggesting that the woman, though unbetrothed and potentially naive, was ultimately persuaded into the sexual act. While still illicit and harmful, this scenario does not involve physical force or violent coercion. In contrast, "rape" (as described in Deuteronomy 22:28-29) involves a man seizing or violating a woman by force, without her consent. The legal consequences also differ significantly: for enticement, the man must marry the woman and pay the bride-price. For rape, the man is also compelled to marry the woman (and is forbidden from divorcing her) and must pay a substantial fine to her father, reflecting the greater severity of the violent act and the profound violation of the woman's person. Both laws, however, underscore God's concern for the wronged woman and aim to provide a measure of protection and restitution in a society where her honor and future were deeply tied to her sexual purity.
Christ-Centered Fulfillment
Exodus 22:16, like all the Mosaic Law, ultimately points to Christ by revealing humanity's profound need for a perfect redeemer and by illuminating God's unwavering standards of righteousness and justice. While the specific legal mandate of compulsory marriage for enticement is part of the Old Covenant's civil code, its underlying principles find their ultimate fulfillment and transformative power in Jesus Christ. The law highlights the sacredness of sexual purity and the covenant of marriage, themes that Jesus elevates by addressing not merely outward acts but the very intentions of the heart (Matthew 5:28). Christ, through His perfect life, atoning death, and glorious resurrection, perfectly fulfills the Law's righteous demands, offering complete forgiveness for all sexual sin and empowering believers to live lives of purity and holiness through the indwelling Holy Spirit (1 Corinthians 6:9-11). Furthermore, Jesus supremely embodies God's compassionate concern for the vulnerable and marginalized, extending grace, healing, and restoration to those ostracized by societal norms or burdened by sin, as powerfully demonstrated in His merciful interaction with the woman caught in adultery (John 8:1-11). Ultimately, the Law's emphasis on marriage as a sacred covenant foreshadows the profound spiritual union between Christ and His Church, depicted as the spotless Bride for whom He gave His life (Ephesians 5:25-27), culminating in the joyous and eternal marriage supper of the Lamb (Revelation 19:7-9).