288) The Court shall pass sentence of death by stoning.

“If a young woman who is a virgin is betrothed to a husband, and a man finds her in the city and lies with her, then you shall bring them both out to the gate of that city, and you shall stone them to death with stones, the young woman because she did not cry out in the city, and the man because he humbled his neighbor’s wife; so you shall put away the evil from among you. (Deuteronomy 22:23-24)

As usual, this has virtually nothing to do with the authority of the Sanhedrin. This is one of several places, however, where death by stoning was the divinely prescribed punishment. Other instances include the overt worship (or merely the advocating of such worship) of false gods like Molech or Ba’al, and “cursing” Yahweh (which in one instance literally manifested itself in simply ignoring His Sabbath rest instructions—demonstrating the guilty party’s flippant attitude toward God). In the present case, the punishment is, once again, in response to adultery, since a “betrothed virgin” was legally married, even though the union had not yet been consummated.

In a fascinating display of wisdom, Yahweh built in a safeguard against a virgin being unfairly executed for being the victim of a rapist. If she were “in the city” when the sexual attack/encounter occurred, she would have been obligated to cry out for help. If she did not, it was to be presumed that she was a willing participant—hence an adulteress. (This system wouldn’t work in New York, you understand. It was designed for “cities” like bronze-age Beersheba or Shechem, close-knit communities where if you cried out for help, half a dozen guys would instantly come to your aid.) But what if the attack/encounter took place where no one was likely to hear her cries? Yahweh gave the virgin a get-out-of-stoning-free card:

“But if a man finds a betrothed young woman in the countryside, and the man forces her and lies with her, then only the man who lay with her shall die. [Note that rapists get the death penalty.] But you shall do nothing to the young woman; there is in the young woman no sin deserving of death, for just as when a man rises against his neighbor and kills him, even so is this matter. For he found her in the countryside, and the betrothed young woman cried out, [it is presumed] but there was no one to save her.” (Deuteronomy 22:25-27)

As far as Yahweh’s metaphor of adultery/fornication equating to the worship of false gods is concerned, it is clear that it isn’t the sexual contact per se that condemns someone (because that can be forced), but rather the willing offering of one’s affection to an illicit lover. To me, this just screams that it’s not so much one’s mode of religious observance (or lack of it) that God is looking at, but the attitude of the heart. Note further that Yahweh’s justice, when administered by men, is supposed to err on the side of mercy if it errs at all. One wonders why Maimonides was so fixated on the Court’s legal authorization to impose the death penalty.

(300) Impose a penalty of fifty shekels upon the seducer of an unbetrothed virgin and enforce the other rules in connection with the case.

“If a man entices a virgin who is not betrothed, and lies with her, he shall surely pay the bride-price for her to be his wife. If her father utterly refuses to give her to him, he shall pay money according to the bride-price of virgins. (Exodus 22:16-17)

The case of pre-marital sex between a man and an unbetrothed virgin is covered here and in the next two mitzvot. There doesn’t seem to be much of a distinction drawn between seduction and statutory rape in this case, presumably because the Inventor of hormones knows how it all works. As far as Yahweh is concerned, sex consummates a marriage; the physical union completes the spiritual union that betrothal initiates. So in the case described, though the beautiful picture a wedding presents has been goofed up, life goes on.

Though Maimonides calls it a “penalty,” the fifty shekels (specified in Deuteronomy 22) is actually a “bride-price,” in other words, a dowry. Any prospective husband would pay this sum to his father-in-law-to-be. However, in this case, the girl’s father has the option of forbidding the marriage, while keeping the dowry. This provision allows him to save his daughter from marriage to a total loser, or, of course, to an actual rapist. But normally, he would be prone to let mere sexual imprudence between his infatuated daughter and her amorous boyfriend—a rash and impulsive love match—proceed into marriage, for finding a mate for a daughter who wasn’t a virgin was difficult in that culture.

(301) The violator of an unbetrothed virgin shall marry her.

“If a man finds a young woman who is a virgin, who is not betrothed, and he seizes her and lies with her, and they are found out, then the man who lay with her shall give to the young woman’s father fifty shekels of silver, and she shall be his wife because he has humbled her.” (Deuteronomy 22:28-29)

There was no option on the part of the young man, however. If the girl’s father allowed it to proceed, he would have to marry the young woman—it’s the prototypical shotgun wedding. This provision would have tended to keep casual or experimental sex to a minimum. Under the Torah, there was no such thing as I’m not ready to make a commitment, but you’re pretty hot, so let’s get it on. No, it’s either chastity or marriage (or stoning, if either lover were already betrothed).

We should note the radically different consequences Yahweh delineated for what to some might seem almost identical offenses—the case of sexual contact (whether presumed rape or consensual) with a betrothed virgin (as in Mitzvah #288) as opposed to with an unbetrothed virgin—death versus marriage. This makes it clear to me that it isn’t sex per se that Yahweh objects to, but rather betrayal. Sex within marriage is right and good; outside of marriage, it is treachery, treason, and deceit.

(302) One who has raped a damsel and has then, in accordance with the law, married her, may not divorce her.

“...and she shall be his wife because he has humbled her; he shall not be permitted to divorce her all his days.” (Deuteronomy 22:28-29)

It gets even better, in a divine retribution sort of way. Not only must the young man pay the dowry and marry the young lady he has slept with, it’s what you might call a no-cut contract. If it “doesn’t work out,” tough toenails. There’s no divorce for you—ever. As one who has been married for over forty years, I can vouch for the concept of choosing your mate carefully.

Beyond the obvious practical implications of this precept, there is a far more serious side to this. There is a reason the Church, the Ekklesia, is called the “Bride of Christ,” and Israel was once characterized as Yahweh’s unfaithful wife. It is God’s pattern that a husband and wife are to be “one flesh”—they are not to be “put asunder.” When we become betrothed to Yahweh, we are His forever. But in the same way, those who foolishly jump into bed with Satan are doomed to share his fate forever—you can’t change your mind and divorce him. Like I said, choose your mate carefully.

God's point is apparently, "If you think you're old enough to have sex, then you're also old enough to live as responsible monogamous married people. You can't have it both ways."

Am I missing any Torah instructions that cover these apparent omissions?

One problem I see in doing so is that in the DSS Deutornomy 22 runs only from verses 1-19. Should the the MT, LX or other source text be used? Is there an inter-linear source that covers already covers it avialable online?

Theophilus

28 If (kiy - surely and indeed, rather, instead, but, except for, but if, because, for, for the reason of, when, and if) a man (ish) finds (motsa – discovers, uncovers, learns the location of, obtains, and comes to posses) a young woman (bethulah - a mature young woman that has never had sexual intercourse, and under the authority and protection of the father, a class of young female, though the class may be virgins, the focus is on the youth group, dear one, one cared for, loved one, formally, virgin daughter, a young woman who is loved by the father, with the associated meaning of being pure, innocent, and under the protection and care of the father), a female child (naarah – female of any age between infancy and adulthood) which relationally (asher) is not betrothed (aras – pledged to be married), and takes hold of (taphas – seizes, captures, dishonors, and profanes) her, and lays (shakab – sleeps, or has sexual intercourse) with her and they are found (motsa – discovered, uncovered, arrested), 29and the man (ish) who laid (shakab – slept, or had sexual intercourse) with her, gives (nathan – places, sets, commits, entrusts, delivers, and bestows in a healthy and enduring fashion) unto the female child’s (naarah – female of any age between infancy and adulthood) father, fifty (chamishshim) silver (keseph – silver metal, money, property or belongings), then to him she will exist (hayah) as a wife and woman (`issah), under (tachath – beneath, underneath) her who relationally (asher) he afflicted (anah – disturbed, oppressed, afflicted suffering, raped, humbled, violated sexually), he will not be capable of (yakol – be able to, succeed in, overcome in, prevail in) sending her out (shalach) all of (kol) his days (yowm).