23. Let the Hebrews marry, at the age fit for it, virgins that are free,
and born of good parents. And he that does not marry a virgin, let him
not corrupt another man's wife, and marry her, nor grieve her former
husband. Nor let free men marry slaves, although their affections should
strongly bias any of them so to do; for it is decent, and for the
dignity of the persons themselves, to govern those their affections. And
further, no one ought to marry a harlot, whose matrimonial oblations,
arising from the prostitution of her body, God will not receive; for by
these means the dispositions of the children will be liberal and
virtuous; I mean, when they are not born of base parents, and of the
lustful conjunction of such as marry women that are not free. If any one
has been espoused to a woman as to a virgin, and does not afterward find
her so to be, let him bring his action, and accuse her, and let him make
use of such indications 24 to prove his accusation as he is furnished
withal; and let the father or the brother of the damsel, or some one
that is after them nearest of kin to her, defend her If the damsel
obtain a sentence in her favor, that she had not been guilty, let her
live with her husband that accused her; and let him not have any further
power at all to put her away, unless she give him very great occasions
of suspicion, and such as can be no way contradicted. But for him that
brings an accusation and calumny against his wife in an impudent and
rash manner, let him be punished by receiving forty stripes save one,
and let him pay fifty shekels to her father: but if the damsel be
convicted, as having been corrupted, and is one of the common people,
let her be stoned, because she did not preserve her virginity till she
were lawfully married; but if she were the daughter of a priest, let her
be burnt alive. If any one has two wives, and if he greatly respect and
be kind to one of them, either out of his affection to her, or for her
beauty, or for some other reason, while the other is of less esteem with
him; and if the son of her that is beloved be the younger by birth than
another born of the other wife, but endeavors to obtain the right of
primogeniture from his father's kindness to his mother, and would
thereby obtain a double portion of his father's substance, for that
double portion is what I have allotted him in the laws,—let not this be
permitted; for it is unjust that he who is the elder by birth should be
deprived of what is due to him, on the father's disposition of his
estate, because his mother was not equally regarded by him. He that hath
corrupted a damsel espoused to another man, in case he had her consent,
let both him and her be put to death, for they are both equally guilty;
the man, because he persuaded the woman willingly to submit to a most
impure action, and to prefer it to lawful wedlock; the woman, because
she was persuaded to yield herself to be corrupted, either for pleasure
or for gain.
Public-domain text, read in full here on John Shaqi.
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