And whoever lies carnally with a woman, that is a female slave, betrothed to an husband, and not at all redeemed, nor freedom given her…
It will be said, and truly, that by this law slavery and concubinage are to a certain extent recognised by the law; and upon this fact has been raised an objection bearing on the holiness of the lawgiver, and, by consequence, on the Divine origin and inspiration of the law. Is it conceivable that the holy God should have given a law for the regulation of two so evil institutions? The answer has been furnished us, in principle, by our Lord (Matthew 19:8), in that which He said concerning the analogous case of the law of Moses touching divorce; which law, He tells us, although not according to the perfect ideal of right, was yet given "because of the hardness of men's hearts." That is, although it was not the best law ideally, it was the best practically, in view of the low moral tone of the people to whom it was given. Precisely so it was in this case. Abstractly, one might say that the case was in nothing different from the case of a free woman, mentioned Deuteronomy 22:23, 24, for which death was the appointed punishment; bat practically, in a community where slavery and concubinage were long-settled institutions, and the moral standard was still low, the cases were not parallel. A law which would carry with it the moral support of the people in the one case, and which it would thus be possible to carry into effect, would not be in like manner supported and carried into effect in the other; so that the result of greater strictness in theory would, in actual practice, be the removal thereby of all restriction on license. On the other hand, by thus appointing herein a penalty for both the guilty parties such as the public conscience would approve, God taught the Hebrews the fundamental lesson that a slave-girl is not regarded by God as a mere chattel; and that if, because of the hardness of their hearts, concubinage was tolerated for a time, still the slave-girl must not be treated as a thing, but as a person, and indiscriminate license could not be permitted. And thus, it is of greatest moment to observe, a principle was introduced into the legislation, which in its ultimate logical application would require and effect — as in due time it has — the total abolition of slavery wherever the authority of the living God is truly recognised. The principle of the Divine government which is here illustrated is one of exceeding practical importance as a model for us. We live in an age when, everywhere in Christendom, the cry is "Reform"; and there are many who think that if once it be proved that a thing is wrong, it follows by necessary consequence that the immediate and unqualified legal prohibition of that wrong, under such penalty as the wrong may deserve, is the only thing that any Christian man has a right to think of. And yet, according to the principle illustrated in this legislation, this conclusion in such cases can by no means be taken for granted. That is not always the best law practically which is the best law abstractly. That law is the best which shall be most effective in diminishing a given evil, under the existing moral condition of the community; and it is often a matter of such exceeding difficulty to determine what legislation against admitted sins and evils may be the most productive of good in a community whose moral sense is dull concerning them, that it is not strange that the best men are often found to differ. Remembering this, we may well commend the duty of a more charitable judgment, in such cases, than one often hears from such radical reformers, who seem to imagine that in order to remove an evil all that is necessary is to pass a law at once and for ever prohibiting it; and who, therefore, hold up to obloquy all who doubt as to the wisdom and duty of so doing, as the enemies of truth and of righteousness.
(S. H. Kellogg, D. D.)
Parallel VersesKJV: And whosoever lieth carnally with a woman, that is a bondmaid, betrothed to an husband, and not at all redeemed, nor freedom given her; she shall be scourged; they shall not be put to death, because she was not free.
WEB: "'If a man lies carnally with a woman who is a slave girl, pledged to be married to another man, and not ransomed, or given her freedom; they shall be punished. They shall not be put to death, because she was not free.