2017-09-07

Comparing Biblical Laws on Marriage, Inheritance and Sexual Relations with Other Ancient Codes

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by Neil Godfrey

As per the previous posts, the table here is a simplified summary of some of the points Russell Gmirkin discusses in Plato and the Creation of the Hebrew Bible. It is far from being a complete representation of his discussion. It is best read as an easy reference guide in conjunction with the detail covered in the book. The table is only a starting guide: it will be expanded and modified as the details of laws are further explored. I expect to do a few more similar tables for other types of laws. (Still putting on hold the discussion of the final chapter of Plato and the Creation of the Hebrew Bible as I backtrack to sections I covered too briefly earlier or inadvertently omitted altogether.)

ANE = Ancient Near Eastern laws

Greece/Plato = Laws as implemented in Athens and/or Laws presented as ideals by Plato in Laws

MARRIAGE & INHERITANCE Bible ANE Greece/Plato
Two wives permitted X*
Bride-price custom (groom paid the father of bride) X
Dowry custom (bride had property from father, managed by her husband)
State cared for widows and orphans without near kin X
Bride could be won by heroic deeds (in myth and legend) X
Heiresses (where there are no sons to inherit) X
Levirate marriage (deceased husband’s next of kin to marry widow) X
!
PERMISSIBLE SEXUAL RELATIONS (Some acts tolerated though frowned upon)  Bible  ANE Greece/Plato 
With spouse
Husband with his concubine or servant/slave girl
Man with prostitutes
Man with companion (hetaira) X X
Married woman or betrothed virgin, with husband
Foreign women permitted to be prostitutes
Temple prostitution X  ?  
!
 PROHIBITED SEXUAL RELATIONS Bible ANE Greece/Plato
Consensual male homosexuality X X/
—- Penalty: death    /X
Homosexual rape and/or seduction/rape of minors     ✓
Bestiality
—- Penalty for bestiality: death   X/^
Cross-dressing X^^ X^^
Incest and other inter-familial relations
Prostitution of priest’s daughter, death by burning
Prostitution by native free woman and men X
—- Penalty for being prostitute, “cut off from people” / loss of civic rights    X  
Adultery, meaning sex with another man’s wife
Caught in the act, death # #
Suspicion of wife, wife to undergo Trial by Ordeal X 
Other extra-marital sex
— If consensual with another’s betrothed virgin still living with father pending marriage
—- Death penalty for both parties above  X
— If in city (or house), and girl/married woman did not cry for help    
—- Both were stoned  
— If in country, assumed girl/married woman was raped  
—- and the man was executed
— If the girl was not betrothed,    
—- man had to pay bride price and marry her and never divorce    @
— If the betrothed virgin was a slave,  
—- she was scourged and man had to offer trespass offering of a ram  X@@
Other Penalties
—- Parent could slay a pregnant daughter whose seducer was unknown X%
—- Adulteresses subject to public shaming  
— False accusation that bride was not a virgin – financial penalty to father  
— True accusation that bride was not a virgin – the bride was stoned for prostituting herself in father’s house

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* 4i3 BCE Athenian assembly voted to allow men to have concubines for legitimate children (to compensate for war losses)

Hittites ruled sexual acts with some animals was capital crime; otherwise, disqualified from priesthood or palace service
^^ Transvestites had special positions in temples or religious rituals

Husband permitted but not obligated to kill the adulterer

@ Man agreed to marry the daughter or give her a dowry
@@ Man paid financial penalty

% Father or brothers could sell the girl into prostitution

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