If a man seizes a woman who is a maiden and not betrothed and lies with her, is she automatically his wife?
Answer From The Annual Reading Schedule - Week 46 Notes For Deuteronomy: No. A woman cannot enter into a betrothal or marriage on her own if her Father is still alive. If her Father is alive, he must agree to the betrothal or marriage for it to actually take place. This is because according to Exodus 22:16-17 the Father legally has a "right of refusal" which he must be permitted to exercise before it can be said that the marriage is finalized. This right of refusal would also apply to the same situation mentioned again in Deuteronomy 22:28-29. The Father always has this right. It is an inherent right given to a man by Yahweh. The woman in Deuteronomy 22:28-29 only automatically becomes the man's wife if the Father does not exercise his right of refusal when he hears of the matter.
As a side note: This shows that the physical act of intercourse in and of itself does not create a binding covenant, but there also must be an agreement. The agreement in marriage is between the man who is seeking to be married and the Father of the woman. Those two men must come to an agreement. If the Father is not alive, then the man and woman must come to an agreement.
When the Father of a maiden who was lain with hears of the situation occurring, he would have to exercise his right of refusal at that time to prevent his daughter from being married to the man who had lain with her. It is only after hearing of the situation and failing to exercise his right of refusal that the marriage could be considered official. Therefore, it cannot be said that the marriage was official simply based upon the act of intercourse alone, otherwise the Father of the girl would have no way to prevent the marriage from taking place.
Related Topics
- Torah Reading Notes & Related Verses For Week 46 of The Annual Reading Schedule
- Week 080 of Sabbath Assembly Reading Schedule Covering Exodus 22:1-22:31
- Week 213 of Sabbath Assembly Reading Schedule Covering Deuteronomy 22:1-22:30
- Week 308 of Sabbath Assembly Reading Schedule Covering Exodus 22:1-22:31