As we’ve just discussed with the law concerning mixing wool and linen, it’s imperative that we examine these laws in Deuteronomy through the lens of other laws. Deuteronomy is just a restatement of these laws, after all; it’s a sermon expounding on the nuances of what’s already been set in stone.
And, as Psalm 119 states, “the sum of Thy word is truth.”
So when you see a passage like Deuteronomy 22:13-21, where it seems like there is a double standard concerning husbands and wives, it’s a little disconcerting.
On the surface, this is how it reads: If a man and woman get married, and the man accuses the wife of not being a virgin, when in fact she is a virgin, then he is fined and flogged. If, however, it can be proven that she is not a virgin, she’s executed.
That seems almost unfair. Why on earth would the penalty for a false accusation, which could lead to a woman’s execution, only be a fine and physical punishment?
First things first: These are two separate laws, not vice versa in the same situation.
For the man, the issue is slander and defamation. He’s trying to get rid of the woman by something that is notoriously hard to prove (more on that in a minute). As such, the punishment is not just a hefty fine (double the bride price), but severe flogging and the commitment to marry that woman for life. No divorces allowed for him.
For the woman, the issue is a defilement of the marriage covenant. Contrary to what it looks like, this verse is not about simple premarital sex. Exodus 22:16-17 covers that, and explains that if someone seduces a woman who is not engaged, he pays a dowry and marries her.
Because of that, Deuteronomy 22:20-21 is interpreted as the seduction of a woman who is engaged. Conveniently, Deuteronomy 22:23-24 addresses this penalty more clearly: Not only is the woman stoned to death, but the man who committed the adultery is as well. Deuteronomy 22:22, right before it, preaches the same punishment if the woman is married.
The issue is not unequal, then. If a woman is engaged to a man, and cheats on her fiancé with another man who takes her virginity from her, then she is executed, as is the man she cheated with.
Furthermore, it needs to be stated that proving non-virginity is exceptionally difficult. The ancient Israelites knew this, and usually mandated some kind of ironclad proof that the woman was in fact not a virgin. This usually meant witnesses, since sometimes the “proof” in the marriage bed wasn’t a slam dunk.
For this reason, judges almost always sided with the woman in these types of disputes. The burden of proof was on the husband to show, beyond a shadow of a doubt, that his new wife wasn’t a virgin. If he couldn’t do that, the penalty for his slander was severe.
Usually, it was just enough to deter him from accusing her to begin with.