Does the Bible teach ...?

Maybe I'll do a series here. Maybe an irregular series. I've heard too many of these accusations that the Bible teaches what you and I know to be wrong. Sometimes this stuff can be ignored as too stupid to visit, and sometimes it needs a response. So, does the Bible teach that a rapist is required to marry his victim?

If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her. He may not divorce her all his days. (Deut 22:28-29 ESV)

And, of course, there it is in black and white. Or ... is it?

In the text at hand, there is a word used that may suggest, but does not require "rape". The text uses taphas -- to manipulate, that is, seize; chiefly to capture, wield; specifically to overlay; figuratively to use unwarrantably. It can merely mean "to overlay" (to lay on) or even "to use unwarrantably" or "to handle". Several commentators seize on "to manipulate" and suggest that the man simply seduces her. Compare this with verse 25:

But if in the open country a man meets a young woman who is betrothed, and the man seizes her and lies with her, then only the man who lay with her shall die. (Deut 22:25 ESV)

Both texts are translated in the ESV as "seize", but this is not the same word. The reference in verse 25 uses chazaq -- to fasten upon; hence to seize, to bind, restrain, conquer. It is a harsher word, indicating seizing by force. Thus, it would appear that what happens in verse 25 is not the same as what happens in verse 28. These are not the same words. They do not carry the same force. Further, if the author intended for them to be the same, he likely would have used the same word. Apparently, then, the intent is different.

Beyond the terminology, however, is the other text. Here is it in full.

But if in the open country a man meets a young woman who is betrothed, and the man seizes her and lies with her, then only the man who lay with her shall die. But you shall do nothing to the young woman; she has committed no offense punishable by death. For this case is like that of a man attacking and murdering his neighbor, because he met her in the open country, and though the betrothed young woman cried for help there was no one to rescue her (Deut 22:25-27).

Why is the rapist (for in this case he is clearly that) executed but not the woman? In a previous scenario (adultery) both were executed. Why not in this case? In this case the man attacked and the woman resisted. That's what the text says. Thus, it is reasonable to surmise that in the case of Deut 22:28-29 the woman did not resist, the man did not attack, and this is not the same thing as either adultery or rape. Neither the text nor the context support the accusation that this text requires that a rapist marry his victim.

There is one more reason to think that this is not talking about a rapist marrying his victim. Deuteronomy is intended to be a repeat. The word means "second law" and you'll find that it echoes many sections of the Law from earlier accounts. Thus, this part, Deut 22:28-29, is an echo of an earlier account. As such, they should match. Do they?

If a man seduces a virgin who is not betrothed and lies with her, he shall give the bride-price for her and make her his wife. If her father utterly refuses to give her to him, he shall pay money equal to the bride-price for virgins (Exo 22:16-17).

First, note that this doesn't even hint at rape. In this case, it is seduction. This is why John Gill says of the Deuteronomy passage that she is "yielding to it, and so is not expressive of a rape, as Deut 22:25 where a different word from this is there used; which signifies taking strong hold of her, and ravishing her by force; yet this, though owing to his first violent seizure of her, and so different from what was obtained by enticing words, professions of love, and promises of marriage, and the like, as in Exo 22:16 but not without her consent." Notice also that in the Exodus account the permission to do such a thing (marry) is in the hands of the father. He can deny it. The point, then, is protection of the daughter either by payment or by marriage without divorce.

One other minor point. Some of the older (medieval) commentators do call this rape. "There, see? They disagree with you!" Maybe. But keep in mind that the older, medieval use of the term "rape" made an unbreakable connection between "rape" and "seduction". That is, "rape" in medieval terms was defined as any unlawful sex. Thus, for a medieval commentator to refer to this passage in terms of "rape" is simply to affirm that such sex is unlawful. And one other minor point. There are no records anywhere in Jewish history of any woman who was raped and married her rapist. There are stories of women who were raped but did not marry their rapists, but none that would corroborate that this was the law.

Summarizing, then, text, context, parallel passages, and commentaries all say that this reference is not to rape as we understand it today. It would seem, then, that those who say it is either prove that God is immoral in His commands or that God is not reliable. Oh, wait, that's the same thing, isn't it? So why would someone who claims to trust God make such a claim? That's a question for someone else to answer.