Women and the Legal Code

I. Protection for women in the ancient world

A. Women had challenges, but they were protected with some rights and learned
to assert themselves in other areas
1. marriage contracts were common (ketubah)
a. written by the bride’s father or legal guardian
b. the contracts typically included the amount of the dowry with
the assurance that amount, together with interest, in the rare event
of divorce, would be returned to the bride
c. these contracts assured necessary support
d. these contracts prohibited a husband’s taking other wives
2. Bride Price
a. worked out by suitor & father/guardian
b. part of dowry
c. paid to bride’s father
1) compensation for protecting virginity
2) symbolic for lost services
3) women were not chattel (property)
4) groom shows his ability to support wife
3. Dowry
a. 1/10 of father’s estate
b. better off than male heirs
c. wife held legal title, husband usually controlled and managed it
d. if marriage ended, most legal codes required dowry be returned,
even with penalties
e. if husband managed poorly, he would have to restore loss
B. Women exerted influence and worked the law to their advantage
C. Amazing consistency existed between contemporaneous legal codes and the
Bible
D. Family Support
1. First born son received a double portion of inheritance because he was
responsible for the women in the family
2. divorce was permitted but was clearly understood to be against the
diving mandate (Deut 24:1-4; Matt. 19:1-10). The law neither commands
nor condones divorce
3. gleaning practiced- widows and orphans Lev. 19:9-10; Deut 24:19-21
4. regulations of practices
a. Ex. 21:7-11- father sold daughter as concubine
1) daughter has legal rights of marriage- maintenance,
protection, right to bear children
2) if husband took second wife, first wife’s allotment could not
be reduced- food, clothing, marital duty
b. Deut. 21:10-14 only Hebrew law protected women captured in war
5. Law of Levirate Marriage (Deut. 25:5-10)
a. for a widow without a male heir to marry one of his brothers was
allowed and even prescribed
b. the first son born to a Levirate union was to bear the name of the
deceased husband
c. this son inherited all the property of the deceased husband
 d. the child became a link in the genealogical chain as if he were son of
deceased husband
e. Obed carried on name of Mahlon and Ruth
E. Unique Circumstances were considered
Daughters of Zelophehad
1. roles recognized
a. men primary heirs
b. women built families
2. these sisters had no brothers- daughters wanted to preserve father’s name and
inheritance
3. Moses amended the law to allow this exception for the daughters of
Zelophehad if they married within father’s tribe
II. Challenging Passage to Consider
A. Purification after childbirth (Lev. 12:1-8)
1. Son (vv. 1-4)
a. mother is unclean 7 days
b. son- circumcision on 8th day
c. 33 days of purification
2. Daughter (vv 5-6)
a. mother unclean 15 days
b. 66 days of purification
3. Sacrificial Offerings (vv 6-8)
a. not sinfulness of mother but issuance of blood (17:1), loss of blood
demanded purification to acknowledge sanctity of life
b. sacrifice for male and female identical
4. Theories on differences
a. females inferior
b. more time for form female embryo
c. blood discharge lasts longer with daughter
d. sin curse of pain in childbirth
e. interruption of length of uncleanness after birth of son dictated by time
of circumcision- mother would be clean to enter temple
B. Bodily discharges (Lev. 15:19-30)
1. during menstruation, impure 7 days (15:19)
2. anyone touched was unclean (15:20-23
3. sexual intercourse unclean (15:20-23)
a. restraint was part of sexual activity
b. sexual involvement should not be obsession
4. isolation provided break from housework, children, marital duties
5. no sacrifices were required
6. these laws made Israel distinct from other nations and surely provided good
hygiene
7. an abnormal discharge left a woman unclean as long as is lasted and called for
addition of 7 days to be ceremonially clean plus an offering, same as abnormal
male discharge
8. principle behind purity laws: call to holiness, set apart 2 Cor. 6:14
C. Sexual regulations and the family (Lev. 18:6-18)
1. Incest laws were detailed and inclusive
a. Israelites could not intermarry reducing the number of possible
candidates
b. family lands were to remain within family or tribe
 c. “se’er” or “close relative” includes nuclear family
d. technical phrase “legallot ‘erwa” or literally “uncovering nakedness”
e. OT incestuous accounts Gen. 19:30-38; 20:12; 35:22; 49:2; 2 Sam.
13:1-14
2. sexual relations prohibited during menstruation 18:19
a. sacredness of blood
b. lowest estrogen level of woman often meant emotional upheaval
3. adultery prohibited Lev. 18:20; likened to infidelity to the Lord Jer. 7:9; 23:10
4. No offspring sacrificed to Molech
5. homosexuality prohibited (Lev. 18:22)
a. abomination
b. not disease or viable life style
c. cross-dressing forbidden (Deut. 22:5)
D. Lying with slave Lev. 19:20-22
1. man had to give guilt offering
2. female had no requirement because she had little defense against man
E. protecting the family (Lev. 20:9-21)
Central issue in each example is proper conduct with in family
F. peace in the home (Num. 5:11-28)
1. trial by ordeal
a. if wife is suspected of adultery by husband
b. husband brought suspicions before judges, priesthood
c. wife forced to drink water with bitter herbs
d. innocent woman had God’s protection
e. Law of the “Satah” or “seber ‘at ha ‘ala” “oath of cursing”
in this exception, God allows His name to be dissolved to rebuild trust
between couple
G. Vows Num. 30
1. could dedicate herself as Nazarite
2. vow could be nullified by husband or father
H. Women & Religious festivals
1. women can participate in Passover, Shaverat, Succoth, etc
2. only men were required to keep festivals (Ex. 23:17; 34:23; Deut. 16:16)