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Let the Hebrews marry, at the age fit for it, virgins that are free,
and born of good parents. And he that does not marry a virgin, let him
not corrupt another man's wife, and marry her, nor grieve her former husband.
Nor let free men marry slaves, although their affections should strongly
bias any of them so to do; for it is decent, and for the dignity of the
persons themselves, to govern those their affections. And further, no one
ought to marry a harlot, whose matrimonial oblations, arising from the
prostitution of her body, God will not receive; for by these means the
dispositions of the children will be liberal and virtuous; I mean, when
they are not born of base parents, and of the lustful conjunction of such
as marry women that are not free. If any one has been espoused to a woman
as to a virgin, and does not afterward find her so to be, let him bring
his action, and accuse her, and let him make use of such indications
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to prove his accusation as he is furnished withal; and let the father or
the brother of the damsel, or some one that is after them nearest of kin
to her, defend her If the damsel obtain a sentence in her favor, that she
had not been guilty, let her live with her husband that accused her; and
let him not have any further power at all to put her away, unless she give
him very great occasions of suspicion, and such as can be no way contradicted.
But for him that brings an accusation and calumny against his wife in an
impudent and rash manner, let him be punished by receiving forty stripes
save one, and let him pay fifty shekels to her father: but if the damsel
be convicted, as having been corrupted, and is one of the common people,
let her be stoned, because she did not preserve her virginity till she
were lawfully married; but if she were the daughter of a priest, let her
be burnt alive. If any one has two wives, and if he greatly respect and
be kind to one of them, either out of his affection to her, or for her
beauty, or for some other reason, while the other is of less esteem with
him; and if the son of her that is beloved be the younger by birth than
another born of the other wife, but endeavors to obtain the right of primogeniture
from his father's kindness to his mother, and would thereby obtain a double
portion of his father's substance, for that double portion is what I have
allotted him in the laws, - let not this be permitted; for it is unjust
that he who is the elder by birth should be deprived of what is due to
him, on the father's disposition of his estate, because his mother was
not equally regarded by him. He that hath corrupted a damsel espoused to
another man, in case he had her consent, let both him and her be put to
death, for they are both equally guilty; the man, because he persuaded
the woman willingly to submit to a most impure action, and to prefer it
to lawful wedlock; the woman, because she was persuaded to yield herself
to be corrupted, either for pleasure or for gain. However, if a man light
on a woman when she is alone, and forces her, where nobody was present
to come to her assistance, let him only be put to death. Let him that hath
corrupted a virgin not yet espoused marry her; but if the father of the
damsel be not willing that she should be his wife, let him pay fifty shekels
as the price of her prostitution. He that desires to be divorced from his
wife for any cause
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whatsoever, (and many such causes happen among men,) let him in writing
give assurance that he will never use her as his wife any more; for by
this means she may be at liberty to marry another husband, although before
this bill of divorce be given, she is not to be permitted so to do: but
if she be misused by him also, or if, when he is dead, her first husband
would marry her again, it shall not be lawful for her to return to him.
If a woman's husband die, and leave her without children, let his brother
marry her, and let him call the son that is born to him by his brother's
name, and educate him as the heir of his inheritance, for this procedure
will be for the benefit of the public, because thereby families will not
fail, and the estate will continue among the kindred; and this will be
for the solace of wives under their affliction, that they are to be married
to the next relation of their former husbands. But if the brother will
not marry her, let the woman come before the senate, and protest openly
that this brother will not admit her for his wife, but will injure the
memory of his deceased brother, while she is willing to continue in the
family, and to hear him children. And when the senate have inquired of
him for what reason it is that he is averse to this marriage, whether he
gives a bad or a good reason, the matter must come to this issue, That
the woman shall loose the sandals of the brother, and shall spit in his
face, and say, He deserves this reproachful treatment from her, as having
injured the memory of the deceased. And then let him go away out of the
senate, and bear this reproach upon him all his life long; and let her
marry to whom she pleases, of such as seek her in marriage. But now, if
any man take captive, either a virgin, or one that hath been married,
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and has a mind to marry her, let him not be allowed to bring her to bed
to him, or to live with her as his wife, before she hath her head shaven,
and hath put on her mourning habit, and lamented her relations and friends
that were slain in the battle, that by this means she may give vent to
her sorrow for them, and after that may betake herself to feasting and
matrimony; for it is good for him that takes a woman, in order to have
children by her, to be complaisant to her inclinations, and not merely
to pursue his own pleasure, while he hath no regard to what is agreeable
to her. But when thirty days are past, as the time of mourning, for so
many are sufficient to prudent persons for lamenting the dearest friends,
then let them proceed to the marriage; but in case when he hath satisfied
his lust, he be too proud to retain her for his wife, let him not have
it in his power to make her a slave, but let her go away whither she pleases,
and have that privilege of a free woman.