(2) but, if he has no such intention, he is not entitled to retain her in the event of any other person of the Israelites being willing to purchase her of him for the same purpose (Jdg_8:8);
(3) he might, however, assign her to his son, and in this case she was to be treated as a daughter, and not as a slave (Jdg_8:9);
(4) if either he or his son, having married her, took another wife, she was still to be treated as a wife in all respects (Jdg_8:10); and, lastly, if neither of the three contingencies took place (i.e. if he neither married her himself, nor gave her to his son, nor had her redeemed), then the maiden was to become absolutely free without waiting for the expiration of the six years or for the year of jubilee (Jdg_8:11).
(2.) In the other case (Deu_21:10-14) we must assume that the wife assigned was a non-Israelitish slave; otherwise the wife would, as a matter of course, be freed along with her husband in the year of jubilee. In this case the wife and children would be the absolute property of the master, and the position of the wife would be analogous to that of the Roman contubernalis, who was not supposed capable of any connubium. The issue of such a marriage would remain slaves in accordance with the maxim of the Talmudists, that the child is liable to its mother's disqualification (Kiddush. 3, 12). Josephus (Ant. 4:8, 28) states that in the year of jubilee the slave, having married during service, carried off his wife and children with him: this, however, may refer to an Israelitish maid- servant. SEE CAPTIVE.
(c.) The third object of the Mosaic statutes on this subject was to bring divorce under some restriction; and this was effected by rendering divorce a formal proceeding, not to be done by word of mouth as heretofore, but by a “bill of divorcement” (Deu_24:1), which would generally demand time and the intervention of a third party, thus rendering divorce a less easy process, and furnishing the wife, in the event of its being carried out, with a legal evidence of her marriageability: we may also notice that Moses wholly prohibited divorce in case the wife had been seduced prior to marriage (22, 29), or her chastity had been groundlessly impugned (22, 19).
(d.) The fourth object, which was to enforce purity of life during the maintenance of the matrimonial bond, forms the subject of one of the ten commandments (Exo_20:14), any violation of which was punishable with death (Lev_20:10; Deu_22:22), even in the case of a betrothed person (Deu_22:23-24). SEE ADULTERY.
The practical results of these regulations may have been very salutary, but on this point we have but small opportunities of judging. The usages themselves to which we have referred, remained in full force to a late period. We have instances of the arbitrary exercise of the paternal authority in the cases of Achsah (Jdg_1:12), Ibzan (Jdg_12:9), Samson (Jdg_14:20; Jdg_15:2), and Michal (1Sa_17:25). The case of Abishag, and the language of Adonijah in reference to her (1Ki_1:2; 1Ki_2:17), prove that a servant was still completely at the disposal of his or her master. Polygamy also prevailed, as we are expressly informed in reference to Gideon (Jdg_8:30), Elkanah (1Sa_1:2), Saul (2Sa_12:8), David (2Sa_5:13), Solomon (1Ki_11:3), the sons of Issachar (1Ch_7:4), Shaharaim (1Ch_8:8-9), Rehoboam (2Ch_11:21), Abijah (2Ch_13:21), and Joash (2Ch_24:3); and as we may also infer from the number of children in the cases of Jair, Ibzan, and Abdon (Jdg_10:4; Jdg_12:9; Jdg_12:14). It does not, however, follow that it was the general practice of the country: the inconveniences attendant on polygamy in small houses or with scanty incomes are so great as to put a serious bar to its general adoption, and hence in modern countries where it is fully established the practice is restricted to comparatively few (Niebuhr, Voyage, p. 65; Lane, 1, 239). The same rule holds good with regard to ancient times: the discomforts of polygamy are exhibited in the jealousies between the wives of Abraham (Gen_16:6), and of Elkanah (1 Samuel 1, 6); and the cases cited above rather lead to the inference that it was confined to the wealthy. Meanwhile it may be noted that the theory of monogamy was retained, and comes prominently forward in the pictures of domestic bliss portrayed in the poetical writings of this period (Psa_128:3; Pro_5:18; Pro_18:22; Pro_19:14; Pro_31:10-29; Ecc_9:9). The sanctity of the marriage- bond was but too frequently violated, as appears from the frequent allusions to the “strange woman” in the book of Pro_2:16; Pro_5:20, etc., and in the denunciations of the prophets against the prevalence of adultery (Jer_5:8; Eze_18:11; Eze_22:11).
In the post-Babylonian period monogamy appears to have become more prevalent than at any previous time; indeed, we have no instance of polygamy during this period on record in the Bible, all the marriages noticed being with single wives (Tobit 1, 9; Tobit 2, 11; Susan. 29, 63; Mat_18:25; Luk_1:5; Act_5:1). During the same period the theory of monogamy is set forth in Sirach 26, 1-27. The practice of polygamy nevertheless still existed; Herod the Great had no less than nine wives at one time (Josephus, Ant. 17, 1, 3); the Talmudists frequently assume it as a well-known fact (e.g. Ketub. 10, 1; Yebam. 1, 1); and the early Christian writers, in their comments on 1Ti_3:2, explain it of polygamy in terms which leave no doubt as to the fact of its prevalence in the apostolic age. Michaelis (Laws of Moses, 3, 5, § 95) asserts that polygamy ceased entirely after the return from the Captivity; Selden. on the other hand, that polygamy prevailed among the Jews until the time of Honorius and Arcadius (cir. A.D. 400), when it was prohibited by an imperial edict (Ux. Ebr. 1, 9). SEE MARRIAGE.