Rebuttal to Brian Chilton's interpretation of Deuteronomy 22:28-29

Brian Chilton has posted an audio message to his blog trying to refute the "rape" interpretation of Deuteronomy 22:28-29.  See here.

 28 "If a man finds a girl who is a virgin, who is not engaged, and seizes her and lies with her and they are discovered,
 29 then the man who lay with her shall give to the girl's father fifty shekels of silver, and she shall become his wife because he has violated her; he cannot divorce her all his days.
 30 "A man shall not take his father's wife so that he will not uncover his father's skirt. (Deut. 22:28-30 NAU)

Chilton's motive is clear.  This passage is forcing the maiden to marry her sex partner.  If the passage is talking about "rape", then this makes God sound like a sadistic idiot.  Chilton is a Christian bible believer:  There is nothing bad about his god, end of story, have a nice day.  And that's all the presupposition he needs in order to become automatically suspicious of any bible passage that seems to imply God's morals are different than those held by modern-day Americans.

I'm a skeptic, and for the following reasons I'm "reasonable" to view Deuteronomy 22:28-29 to be addressing the issue of non-consensual sex or "rape".  I also challenge Chilton to a live in person or written debate on whether it is reasonable to classify the OT YHWH as  "good".

The following arguments are from a study I did years ago, and I will respond in a future post to Chilton's specific arguments.

(you need to remember that because reasonableness doesn't always demand correctness, you are not demonstrating this skeptical interpretation to be 'unreasonable' merely because you've proven that a different interpretation remains logically possible.  If you are going to uphold the negative inferences you always draw out of Psalm 14:1 and Romans 1:20, you must do more than show your view of Deut. 22:28-29 is possible, as "possible" isn't enough to show that the opposing view is unreasonable.  You must show that the skeptics who are interpreting Deut. 22:28-29 as addressing "rape" are "foolish" and "without excuse" for seeing rape therein).

First, commentators admit there is no agreement among commentators as to whether this passage addresses rape or merely "seduction": 

There is no agreement among commentators as to whether Deuteronomy 22:28–29 treats seduction (and is therefore an expansion of the case in Exod. 22:16–17) or rape. If the New International Version is correct in interpreting the passage as addressing rape, the monetary increase (fixed at fifty shekels) may be seen as a penalty exacted against the offender because he shamed her (v. 29). Whereas the former case (Exod. 22:16–17) would have been subject to conventional divorce procedure (Deut. 24:1–4), an additional provision is made for the woman’s economic security in the latter case: the man can never divorce her, whatever she does (Deut. 22:28–29). The concern for the woman is also reflected in the distinctions between the two rape cases described in Deuteronomy 22:23–27: the betrothed woman raped in the city would have been heard if she had cried for help, but the woman raped in the country is presumed to have cried out, whether she did or not. In the latter case, only the man is put to death.

Elwell, W. A., & Elwell, W. A. (1997, c1996). Evangelical dictionary of biblical theology (electronic ed.). Baker reference library; Logos Library System.

Grand Rapids: Baker Book House.

This means there is a stark possibility that the passage is not sufficiently clear as to render the 'rape' interpretation unreasonable.  It might be sufficiently ambiguous as to allow either interpretation to be reasonable. Christian professor Joe Sprinkle highlights commentator uncertainty in his 1997 JETS article on the subject:

Similarly Deut 22:28–29 describes a case of what appears to be rape 8 in which the woman is subsequently given to the offender as wife (after a fifty-shekel marriage gift/fine to the father). In such a case the man “cannot divorce her as long as she lives.” Again, were it not for the original offense it would be assumed that he could divorce her.
---fn.8. The usual interpretation of “seize” (tāpas) is that the text implies that the man seizes the woman by force and rapes her. G. P. Hugenberger (Marriage as Covenant: A Study of Biblical Law and Ethics Governing Marriage Developed from the Perspective of Malachi [VTSup 52; Leiden: Brill, 1994] 255-260), on the other hand, argues that Deut 22:28–29 is a case of seduction rather than rape. One argument in favor of the seduction view is the expression “they are found,” which suggests that both the man and the woman are involved, whereas in the case of rape one would expect it to say “he is found.” Another argument is that it seems unfair to force the woman to marry her rapist, whom she may well hate. Against Hugenberger, however, it seems hard to reconcile this being only a case of seduction with the extremely high bride price of fifty shekels, in contrast with Exod 22:16–17 where no such high price is set and no forfeiture of the right of divorce is mentioned.

Old Testament Perspectives On Divorce  And Remarriage, Joe M. Sprinkle

JETS 40/4 (December 1997) 533 

 * Joe Sprinkle is associate professor of Old Testament at Toccoa Falls College, P.O. Box 800236, Toccoa Falls, GA 30598–0236. 

The Journal of the Evangelical Theological Society. 1998 (electronic edition.). Garland, TX: Galaxie Software.

Second, the fact that I'm reasonable to view Deut. 22:28-29 as talking about non-consensual sex is proven from the fact that even conservative Christian commentators, whose love for god gives them high motivation to avoid any "god is immoral" implication, nonetheless insist this passage is talking about rape.  E. H. Merrill is an inerrantist, and writes as follows for the inerrancy-driven New American Commentary.  IF there was any grammatical justification for him to avoid the "god is immoral" implication and restrict this passage to mere seduction, he likely would have.  He did not, he candidly admitted this was violent coercion:

22:28–29 At first glance the next example, the rape of an unbetrothed girl, might appear to have been a lesser offense than those already described, but this was not the case at all. First, he seized (Heb. tāpaś, “lay hold of”) her and then lay down (šākab) with her, a clear case of violent, coercive behavior.

Merrill, E. H. (2001, c1994). Vol. 4: Deuteronomy (electronic ed.). Logos Library System; The New American Commentary (Page 305). Nashville: Broadman & Holman Publishers.

The NET bible (“Our passion is to see every person become mature in Christ and competent to teach and train others.”) makes the rape connotation in 22:28 explicit, which this team of Christian scholars would hardly have done had the grammar and context reasonably indicated the virgin was willing: 

Suppose a man comes across a virgin who is not engaged and overpowers and rapes her and they are discovered.

The ESV makes the rape connotation explicit: 

Deu 22:28 Suppose a man comes across a virgin who is not engaged and overpowers and rapes51 her and they are discovered.
Deu 22:29 The man who has raped her must pay her father fifty shekels of silver and she must become his wife because he has violated her; he may never divorce her as long as he lives. 

The Brenton’s English translation of the Septuagint makes it clear this was rape: 

And if any one should find a young virgin who has not been betrothed, and should force her and lie with her, and be found, (Deut. 22:28 LXE)

ISBE agrees:

RAPE.
[חָזַק, chazak] = “to seize,” “bind,” “restrain,” “conquer, “force,” “ravish.” The punishment for this crime was greater when the act was committed against a betrothed woman (Deuteronomy 22:25-29).

Orr, J., M.A., D.D. (1999). The International standard Bible encyclopedia : 

1915 edition (J. Orr, Ed.). Albany, OR: Ages Software.

Third, “seize” in v. 28 in the Hebrew is taphas and means “to lay hold of, weild”, it is the same Hebrew word used in Deut. 21:19 to describe the way parents of a rebellious son force him in front of the elders to receive the death penalty; the same Hebrew word used in Deut. 20:19 to signify how the Hebrews will capture a city after warring against it; also used in Deut 9:17 to describe how the angry Moses seized the two tablets of stone and smashed them.  It is also used in 1st Samuel 23:26 (capturing an enemy) and in 1st Kings 18:40 (Elijah commanding seizure of the Baal prophets for purposes of execution).

Fourth, the Greek word in the Lxx here is βιασάμενος, and means “to force, dominate”.  Friberg says it is “always with a component of force”, and all other standard lexicons agree: UBS says

“exercise force (if midd.) or suffer violence (if pass.)” citing Mt 11.12 and “enter by force (Lk 16.16)”.  LNIDA says “to experience a violent attack…”.  LSCOTT says “force, an act of violence…against one's will”.  THAYER says “to force, inflict violence on…”.  TDNT,  “The reference of the term is always to “forced” as distinct from voluntary acts. The middle means “to compel,” “overpower” (sometimes sexually), the passive “to be constrained.” BDAG, “to gain an objective by force” (citing Dt. 22:28).

In the NT, this Greek word appears in of Matt 11:12 where the kingdom of God is controversially said to suffer ‘violence’, and Luke 16:16, where people ‘force’ their way into it.  

Fifth, 22:28 further describes the sex act as “he has violated her”, the Hebrew word for ‘violated’ is anah, and while cognate usage is not dispositive, this word is used in at least 5 other OT passages where forcible rape is clear, making it reasonable to demand very good contrary evidence before we say Deut 22:28 is an exception to the rule: 

And when Shechem the son of Hamor the Hivite, the prince of the land, saw her, he took her and lay with her by force (Hebrew: anah). (Gen 34:2 NAS)
It shall be, if you are not pleased with her, then you shall let her go wherever she wishes; but you shall certainly not sell her for money, you shall not mistreat her, because you have humbled (Hebrew: anah)  her. (Deut. 21:14 NAU)
But the men of Gibeah rose up against me and surrounded the house at night because of me. They intended to kill me; instead, they ravished (Hebrew: anah) my concubine so that she died. (Jdg 20:5 NAS)
However, he would not listen to her; since he was stronger than she, he violated (Hebrew: anah) her and lay with her. (2Sa 13:14 NAS)
Jonadab, the son of Shimeah, David's brother, responded, "Do not let my lord suppose they have put to death all the young men, the king's sons, for Amnon alone is dead; because by the intent of Absalom this has been determined since the day that he violated (Hebrew: anah) his sister Tamar. (2 Sam. 13:32 NAU)
They ravished (Hebrew: anah )the women in Zion, The virgins in the cities of Judah. (Lam 5:11 NAS)

Sixth, 3rd century church father Tertullian thought this was about rape: 

The Creator, however, except on account of adultery, does not put asunder what He Himself joined together, the same Moses in another passage enacting that he who had married after violence to a damsel, should thenceforth not have it in his power to put away his wife. Now, if a compulsory marriage contracted after violence shall be permanent, how much rather shall a voluntary one, the result of agreement!

(Five Books against Marcion, Book 4, ch. 34,

Schaff, P. (2000). The Ante-Nicene Fathers (electronic ed.).

Garland, TX: Galaxie Software.

Seventh, that 22:28 describes a virgin who was forced or raped, may also be inferred by noting that v. 29 requires the man to pay a specified sum for the bride price that is very high in light of average earnings of the average man in those days, while the price the man had to pay in the similar circumstance described in Exodus 22 was not specified:

Exodus 22:16-17	Deuteronomy 22:28-29
16 "If a man seduces a virgin who is not engaged, and lies with her, he must pay a dowry for her to be his wife.  17 "If her father absolutely refuses to give her to him, he shall pay money equal to the dowry for virgins.	28 "If a man finds a girl who is a virgin, who is not engaged, and seizes her and lies with her and they are discovered,  29 then the man who lay with her shall give to the girl's father fifty shekels of silver, and she shall become his wife because he has violated her; he cannot divorce her all his days.

Therefore, it is reasonable to assume a presumption attaches that the bride-price was left unexpressed in Exodus because the sexual situation in Exodus was less severe of a crime than the case described in Deut. 22:28-29. But even conservative commentators admit Exodus was talking about "rape", and since I'm a skeptic who doesn't believe in biblical inerrancy, I have no problems with the bible giving inconsistent solutions to the single crime of "rape":

In the event that a man raped a single woman, he was to pay the bride-price and marry her (Exodus 22:16–17).

Vos, H. F. (1999). Nelson's new illustrated Bible manners & customs : How the people of the Bible really lived (Page 104). Nashville, Tenn.: T. Nelson Publishers.

If a girl was already betrothed and was raped by another man she could not become that other man’s wife, as would normally be the case (Deuteronomy 22:28–29), because she already belonged to her husband–to–be. Such violation involved the death penalty (Deuteronomy 22:23–27).

Gower, R., & Wright, F. (1997, c1987). The new manners and customs of Bible times. Updated and rewritten version of Manners and customs of Bible lands, by Fred Wright.; Includes indexes. Chicago: Moody Press.

   "Reasonableness" doesn't require that we check out the lexical meanings of the Hebrew words in question, otherwise, nobody would be reasonable to interpret the bible they way they do unless they first conducted a scholarly level inquiry into its original languages.  Ok...do you forbid sinners from accepting Christ until they do a scholarly study of 2,000 years of Christian differences on soteriology?  Are you suspicious that the salvation of biblically illiterate people who nevertheless "accepted Jesus as their savior"?  If not, then unless you wish to tell the skeptic they can safely delay the day of their repentance as long as they are studying the original languages of scripture, you are going to have to admit that conducting a scholarly study of the Hebrew words is not necessary, before the skeptic's interpretation can be "reasonable".

Eighth, D.L. Christensen in the Word Biblical Commentary considers this to be seduction, but he calls it "rape" and allocates the "seduction" classification to how the event is viewed "legally":

If a man rapes an unbetrothed woman in the city, it is considered seduction, requiring marriage and paying the girl’s father fifty pieces of silver (vv 28–29), as a dowry.

Christensen, D. L. (2002). Vol. 6B: Word Biblical Commentary : Deuteronomy 21:10-34:12. 

Word Biblical Commentary (Page 523). Dallas: Word, Incorporated.

Let's consider some objections:  

God would never force a woman to marry the man who raped her
Let me guess...you were born and raised in a democratic nation where lots of people fight for individual rights, correct?  But apologists argue that this requirement was morally good because, in the ANE, if the woman's virginity was taken, her value was diminished in the eyes of her village, so that forcing her to marry the rapist was a loving way to ensure that she could have restored status in the community through marriage and child-bearing.  Some apologists will speculate the forced marriage forbade sexual relations, but there is no evidence that sexual relations in such marriages were forbidden.

The fact that Deut. 22:24 requires the woman to be killed and 22:28-29 doesn't, proves these are two different situations

I'm not seeing the argument.  Yes, v. 24 doesn't express or imply rape:

 23 "If there is a girl who is a virgin engaged to a man, and another man finds her in the city and lies with her,
 24 then you shall bring them both out to the gate of that city and you shall stone them to death; the girl, because she did not cry out in the city, and the man, because he has violated his neighbor's wife. Thus you shall purge the evil from among you.

In that in 22:24, the woman is to be killed because she did not cry out, implying she had consented, and yet it still says the man “violated” (anah) his neighbor’s wife.  Apologists will seize on this as if this less forceful sense of anah in v. 24 must be read back into the anah appearing in v. 28.  But there are several problems with this knee-jerk method of exegesis so common among apologists:  

---a) vv. 23-24 are missing the ‘seize’ comment that appears in v. 28, which is significant especially for inerrantists who think only one human being authored the entire book of Deuteronomy (why didn’t Moses assert in 23-24 that the man had “seized” the virgin, if Moses was willing to use that word later in v. 28?).  The implication is that the sex act in 23-24 was consensual, in which case it is for sheer grammatical necessity that the anah of v. 24 would take the nuance of positional disgrace or dishonor (i.e., the woman’s consent doesn’t negate the moral disgrace of the man’s initiating such act on a betrothed virgin, indeed, consenting extra-marital sexual relations are disgraceful);  

---b) context determines the precise nuance a biblical author intended for his chosen word, and since it was already shown that v. 28’s ‘seize’ (taphas/βιασάμενος) means rape, the anah of v. 28 is governed more closely by the other word in the same verse, than it is governed by the sense anah takes 4 verses earlier.  Yes, Moses could very easily be giving anah in v. 24 a nuance not quite as popular as the nuance of “force” that it takes in v. 28 and most other cases.  

---c) anah literally means “bowed down”, and since most agree that vv. 23-24 do not describe rape but consenting sex, the author could have simply been referring to the physical position the woman took in her choice to have extra-marital sex.

---d) I do not believe Moses is the only author of Deuteronomy, nor do I believe the redactors did a perfect job of making that book teach morals and laws consistently.  I accept a hypothesis that is taught in all but the must fundagelical bible colleges and seminaries:  the documentary hypothesis.  Therefore, I have no reasonable basis to worry that the way I interpret 22:28-29 might contradict what the same book says elsewhere about a debateably similar subject.  Bible inerrancy is so controversial even among those who espouse it, that it is reasonable to say it does not deserve to be exalted in our minds to the status of governing hermeneutic (i.e., automatically cite the interpretation's contradicting another part of the bible as the only reason needed to trash it and look for another).   It just might be more reasonable to view two passages in one book as contrary to each other, than to pretend that any harmonization scenario is going to be "better".

Finally, the fact that the slave-owner is the only person required to do anything to atone for "his" sin of sex with a slave betrothed to another man (Leviticus 19:20-22), when in fact it is clear the passage is addressing "rape" (and it is clear that this is adultery that would, absent the girl's slave status, be punishable by death) makes it reasonable for those who accept Mosaic authorship of the Pentateuch to say the person who wrote out Deut. 22:28-29, also wrote Leviticus 19:20-22, and had a very low view of woman, and such a man wasn't likely to view "forced to marry her rapist" in the shocking horrifically unacceptable way that it is viewed by modern-day democratic American Christians.

Much more could be said, but "reasonableness" doesn't require anybody, whether Christian or skeptic, to knock the opposing interpretation all the way out of the ballpark.  How much scholarly study of Mormonism do you suppose the average Catholic and Protestant fundamentalist did, before deciding that it was a false form of Christianity?  Isn't it likely they did little more than read a book or two written by an anti-Mormon (i.e., the way most creationist Christians read a few blogs written by creationists and become certain that evolution is a lie of the devil?)

If you aren't going to label Christians "unreasonable" for reaching confident conclusions before they've conducted a thorough scholarly review, fairness dictates that you also refrain from labeling skeptics unreasonable should they reach confident conclusions before they've conducted a thorough scholarly review.

But if you are this objective, then you leave yourself no basis to insist that Psalm 14:1 and Romans 1:20 correctly broad-brush skeptics and atheists.  When you tangle with me, you soon find out that poets that lived thousands of years ago aren't exactly the best sources of information about today's unbelievers.  But you cannot really be blamed for being impressed with empty rhetoric.  Just look at the pastors of fundamentalist churches.  The pastor's deep bellowing or screechy voiced confidence makes their trusting congregation positively certain that they should babble incoherently...or adopt KJV onlyism...or accept 5-point Calvinism, or jump around the church in voo-doo like stupor, etc, etc.


Since apologists find life is easier for themselves by quietly deleting my rebuttals from their blogs, here's a screenshot showing I posted news of my rebuttal at Chilton's blog, just in case that post disappears.  If he chooses to ignore my rebuttal, it won't be because he "didn't know about it":