Deuteronomy 22:23-27

(3) DEFILEMENT OF A MAIDEN BETROTHED (Deuteronomy 22:23-27)

23 If there be a damsel that is a virgin betrothed unto a husband, and a man find her in the city, and lie with her; 24 then ye shall bring them both out unto the gate of that city, and ye shall stone them to death with stones; the damsel, because she cried not, being in the city; and he man, because he hath humbled his neighbor's wife: so thou shalt put away the evil from the midst of thee.
25 But if the man find the damsel that is betrothed in the field, and the man force her, and lie with her; then the man only that lay with her shall die: 26 but unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbor, and slayeth him, even so is this matter; 27 for he found her in the field, the betrothed damsel cried, and there was none to save her.

AMPLIFIED TRANSLATION 22:23-27

23 If a maiden who is a virgin is engaged to be married, and a man find her in the city, and lie with her;
24 Then you shall bring them both out to the gate of that city and shall stone them to death, the young woman because she did not cry for help though she was in the city, and the man because he has violated his neighbor's [promised] wife. So shall you put away evil from among you.
25 But if a man finds the betrothed maiden in the open country, and the man seizes her and lies with her, then only the man who lay with her shall die.
26 But you shall do nothing to the young woman; she has committed no sin punishable by death, for this is as when a man attacks and slays his neighbor;
27 For he came upon her in the open country, and the betrothed girl cried out, but there was not one to save her.

COMMENT 22:23-27

In the case of the maiden in the city, it is assumed assistance and help is available to the girl if she wants it. Therefore both are held responsible for the crime. But with the maiden in the country no such assistance is likely to be available. It is assumed that the damsel cried, and there was none to save her. In this case only the man shall die. She is compared to the victim of a murderer (Deuteronomy 22:26).

Note the sanctity and sacredness of the engagement period. The betrothed man and maid are referred to already as husband and wife. To be sure, it was a much more firm and binding contract than today. Indeed, it was esteemed a part of the transaction of marriage, and that the most binding part. Its central feature was the dowry (mohar), which was paid to the parents, not to the bride. It may take the form of service (Genesis 29; 1 Samuel 18:25). Among the Jews the betrothal was so far regarded as binding that, if marriage should not take place, owing to the absconding of the bridegroom or the breach of contract on his part, the young woman could not be married to another man until she was liberated by a due process and a paper of divorce. A prolonged interval between betrothal and marriage was deemed undesirable on many accounts, though often an interval was needed that the groom might render the stipulated service or pay the pricesay a year or two, or as in the case of Jacob, it might be seven years. The betrothed parties were legally in the position of a married couple, and unfaithfulness was -adultery,-' (Deuteronomy 22:23; Matthew 1:19). (I.S.B.E.)