OT Daughters Part III: Daughters as Property

One of the glaring omissions of the Ten Commandments (both versions or all three depending on how you count) is the fact that "don't rape" does not number among the prohibitions listed. Yahweh's record on rape in the Bible is not great. Here is one example of a troubling law related to rape from the OT.


Deuteronomy 22:28-9
28 If a man meets a virgin who is not engaged, and seizes her and lies with her, and they are caught in the act, 29 the man who lay with her shall give fifty shekels of silver to the young woman’s father, and she shall become his wife. Because he violated her he shall not be permitted to divorce her as long as he lives.

The OT law has a lot to say about sexual sins. One of the things that makes this particular law stand out from the rest is that is is apparently a rape. The woman has not given consent. We know this for a fact because there are scenarios in which a consenting woman has sex with a man outside of wedlock and she is put to death by community stoning. In this scenario, she is an unwilling victim.

Daughters in the Old Testament were not recognized as persons with legal rights. A daughter was the property of her father who had the right to sell his daughter into slavery or to a husband. The woman, as a victim of rape, was not compensated in any way according to the OT law. The assailant pays a penalty to the father of his victim.... because he has damaged the father's property. Now that the daughter's virginity is gone, the father will never get a bridal price. Since the father can't give away his daughter (after all, who wants a non-virgin for a wife?) so the woman must marry her rapist. I'm not sure which is worse; the fact that the woman has no rights, or the fact that the act of raping someone is only apparently a sin in so far as it devalues a man's human property, not the fact that it is a violent act perpetrated on a weaker person and inflicts serious physical and psychological harm.

We, in western culture are removed from this kind of violence and misogynistic legal structure, so it is easy to gloss over these passages in the Bible without pausing to think about what this would actually be like for the women. However, there are modern cultures in which women still suffer this kind of abuse, and in which they have no recognized rights. Women are forced to marry men they don't know and men who are abusive. They often have no legal recourse or safe place to retreat, and those who attempt to flee are often harshly punished. Here is one example of a young woman named Sanaa El Amin in Sudan.



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Orthodox Christian theology teaches that these laws were handed down to the Israelites by a holy and perfect god who loves us in the most pure and complete way possible. If Yahweh's laws were truly just, on what grounds can we criticize acts of violence against women like Sanaa El Amin? If OT law represents true justice, then our modern conception of justice and equal human rights is distorted, and we ought to change our laws and stop recognizing women's rights and revoke their status as equal citizens so our laws are at the very least, a closer representation of justice. I am inclined to believe that our recognition of women's rights is superior to a system that does not recognize women's rights. We are more just, more kind, and more compassionate than Yahweh. Yahweh, like the other ancient gods and goddesses was a creation of the human imagination and a tool of powerful men to keep a population under their control.

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Gavagai

Comments

  1. i wonder how, where and when the women´s right began what is the original thinking, which country supported those lows, what is the dominant religion of that country, today with countries are worse women protection countries? which are dominant religion over those countries? what responsibilities have men with their wifes in OT? is there any protection law for women in OT? can a women heiress in OT ? are the laws mentions applicable to foreigners ? where is the first case of rape in OT? what happened then? is this law mentioned applied? sorry i'm not here to debate, i'll tring to find out the truth too !

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  2. Those are all good questions, 朱家煌. I don't have the answers specifically about the history of women's rights, but there was a recent presentation given through TED talks that addressed the issue of the progression of morality through the course of history that I think speaks to the questions you have asked. Here is the link.
    https://www.youtube.com/watch?v=uk7gKixqVNU

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