Cohabitation

Cohabitation The delicacy of this subject did not prevent its being a subject of Mosaic legislation. SEE CHILDBIRTH. The following are some of the most important Scriptural notices respecting it. SEE MARRIAGE; SEE CONCUBINE.

1. Every concubitus, even conjugal and legitimate subjected both parties to a state of ceremonial impurity until evening (Le 15:18; Joseph. Apion. 2:24; comp. Strabo, 16:745), a regulation which certainly served not merely to restrain polygamy, but was also useful in a sanitary point of view. A similar statute originally prevailed among the Babylonians (Herod, 1:198; see Wesseling, in loc.). SEE UNCLEANNESS.

2. Whoever corrupted a maiden, either by deceit or force, was compelled to marry her, and pay her father a fine (properly 50 shekels, De 22:28 sq.); the latter must still be paid even when the father refused to permit the marriage (Ex 22:17; comp. Philo, Opp. 2:311; Mishna, Chetub 3). If the man used violence he forfeited the right of divorcing the woman ever after (the Egyptian law was still more severe on this point, Diod. Sic. 1:78). SEE TRESPASS.

3. In the case of seduction or rape occurring to a betrothed female in an inhabited spot, she must cry for help, or be considered as assenting to the debauchment, and thus subjected to the same punishment of stoning as the male party; but if she was in a lonely field, where her screams for assistance could be of no avail, she was presumed to have been forced, and the ravisher alone was stoned (De 22:23 sq.; comp. Joseph. Ant. 4:8, 23; Philo, 2:312); yet even in these cases the later interpreters of the law understood a repudiation by a bill of divorce as allowable (comp. Mt 1:19; see Paulus, Comment. 1:123). A priest's daughter thus playing the courtesan was (stoned and) burnt (Le 21:9). (See generally Michaelis, Mos. Recht. 2:315 sq.; 4:298 sq.; v. 303 sq.) SEE FORNICATION.