Genesis 29:13-30 reads,

It should be noted that a woman's father indeed has capacity to give her to a man as his wife, for Laban had capacity to give his daughters as wife to whomever he chose.

It should be noted from 29:21 that Jacob considered Rachel his wife after he had served the agreed seven years for her. In other words, his agreement with her father was that she would become his wife after he had served her father seven years. Once he had fulfilled his service Rachel became his wife. All that remained was for he and his wife to become one sexually.

At the time appointed for Jacob to sexually lie with Rachel her father did not release her for this purpose, but instead released her less attractive sister Leah, unbeknown to Jacob. Jacob therefore sexually lay with Leah, thinking all along that he had sexually lain with Rachel. He therefore found himself to have unwittingly married Leah, who had been duly given as his wife by her father, and had apparently acquiesced in the matter.

It should be noted that a woman can become a man's wife even when the man has been deceived as to her identity. For Leah became Jacob's wife after she sexually lay with Jacob yet Jacob had not at that point in time been aware that she was the one he lay with.

It should therefore be noted that just as a man can sin against Yahweh by unwittingly taking as his wife a woman who is already another man's wife, so can a man unwittingly take as his wife a woman he thought was another woman. For provided the woman he unwittingly takes as his wife has been given to him as his wife by those with capacity to do so, and he sexually lies with her, she indeed becomes his wife!

It should be noted that even though Jacob did not sexually lie with Rachel at the originally appointed time, her betrothal to him continued to exist. She was therefore still his betrothed wife, even though he had yet to sexually lie with her, and waited another seven years before so doing.

It therefore appears that the postponement of the time a husband and wife ought to sexually lie together does not in any way sever the betrothal, even a postponement lasting seven years, as in the case of Jacob and Rachel.

Genesis 30:1-4 reads,

It should be noted that a woman can be given as wife to a man by one with capacity to give her away as wife. Those with such capacity include Yahweh, a woman's father or a woman's master or mistress if she is a slave woman or maid. In Bilhah's case, being a maid, her mistress Rachel had capacity to give her as wife to a man.

It should be noted that in the case of Sarah with her maid Hagar, and that of Rachel with her maid Bilhah, the mistresses gave their maids as wives to their husbands. The mistresses did not give their maids to another man. Why was this?

In both cases what motivated them to give their maids to their husbands as wives was for their husbands to sire children who would be credited to them. In other words, by the maids being given as wives to their husbands the maids would not cease to be maids to them, but would continue to be of service to them. The children borne by the maids would be considered the children of their households and not those of separate households pertaining to the maids.

Is it the case that if a mistress gives her maid as wife to a man not her husband that she effectively releases her maid from service to her? For by being wife to a man not her husband she comes under the authority of that man and outside her authority? But if she is to retain authority over the maid, thereby not releasing her from her service, is she restricted to giving her as wife only to her husband, thereby ensuring that no conflict of authority takes place? With respect to their relationship to her husband the mistress has superior status, seeing that the maid is still under her mistress's authority.

Genesis 30:9 reads,

Leah also did as her sister Rachel had done, having capacity to give her handmaid to her husband as a wife. It should therefore be very clear that mistress can indeed give as wife any maid under her authority.

Genesis 34 reads,

It is evident from 34:2-4 that even though Shechem had sexually lain with Dinah she was still not his wife. It is therefore the case that a woman who is not wife to a man who sexually lies with a man does not automatically become that man's wife by that sexual action. Therefore sex on its own, without other relevant factors, does not make a man and woman husband and wife, even a woman who is not wife to another man.

What are the relevant factors that make a man and woman husband and wife?

Earlier on it was seen that the woman must be given as the man's wife by one with capacity to so give her away as wife. Her consent is also required. The man's consent, either by word or sexual intercourse, is also required. Once these relevant consents exist the man and woman become husband and wife.

In Shechem and Dinah's case the only consent clearly evident is that of Shechem. Her father had not consented to her being Shechem's wife, nor had Dinah consented to being Shechem's wife. It should therefore be clear why both Shechem and his father Hamor understood that Dinah was not Shechem's wife, despite Shechem having sexually lain with her.

It should be noted that the Hivites also understood that is indeed appropriate for a father to procure a wife for his son, even as Abraham procured Rebekah for his son Isaac.

34:7 shows that Jacob's sons understood that a man should not sexually lie with a woman who is not his wife, especially when he forces himself upon her.

34:8 reiterates Hamor's understanding that Dinah was not Shechem's wife, despite Shechem having sexually lain with her. On the strength of this understanding he sought to persuade Jacob's household to give Dinah to Shechem as a wife. It should therefore be clear that a woman who sexually lies with a man does not become wife to that man simply on account of that sex between them. The critical factors facilitating her being his wife must indeed be fulfilled before she becomes his wife, notwithstanding that she has sexually lain with a man.

It should be noted from 34:12 and from the earlier cases of Abraham's household and Bethuel's household, and Jacob and Laban, that the amount of dowry paid by the man's household to the woman's household is not a critical factor in ratifying a husband and wife relationship. For in Abraham's case no formal dowry is noted as paid, only presents given to the woman, her mother and her brother. In Jacob's case he served the women's father seven years for each of his two wives. In Shechem's case he expressed his willingness to pay whatever dowry that Jacob's household named. The amount of dowry therefore does not appear to be critical in ratifying a husband and wife relationship.

In Jacob and Laban's case and in the Jacob and Hamor's households' case, it appears that the amount of dowry is significant for purposes of persuading the woman's family to give her as a wife to the man. But if the woman's family is not insistent on dowry then no dowry really needs to be paid except for a token amount. For the important matter is the consent of the woman's family, including that of her father and her own, together with the consent of the man. Once these are present then the woman indeed becomes wife to the man.

34:17 again reiterates that Dinah was not Shechem's wife, even after having sexually lain with him. For had she been his wife her brothers would have had no authority to take her away from Shechem. But that her brothers clearly understood that they could clearly shows that she was not yet Shechem's wife, despite having sexually lain with Shechem.

34:31 clearly shows that it is indeed prostitution for a woman to willingly sexually lie with a man while she is not wife to that man. And a man who sexually lies with a woman not his wife is indeed partaking of prostitution, dealing with that woman as with a prostitute.

Genesis 38 reads,

It should be noted from Judah's life that a man has capacity to take a wife for himself. He also has capacity to take a wife for his son. A son should therefore be willing to participate in his father procuring a wife for him.

It should also be noted that if a man dies leaving behind a widow, and does not yet have descendants, his widow is automatically betrothed as wife to one of his surviving brothers. She is to be married by one of his brothers and not by a man not closely related to his brother. The purpose of this law is to raise seed for the dead brother, seed that will inherit property that was due to pass onto the dead brother.

It should be noted that there wasn't a doubt that Tamar had played the prostitute, for she had willingly sexually lain with a man not her husband, yet she was indeed the wife of Shelah. Nevertheless, Shelah had not yet sexually lain with her as his father had yet to authorise their sexual union.

It should be noted that 38:11 refers to Tamar as Judah's "daughter-in-law", and 38:25 refers to Judah as Tamar's "father-in-law". Yet at the times they are so referred Shelah had not sexually lain with Tamar, Tamar only being betrothed as Shelah's wife. It should therefore be clear that once a woman has been betrothed to a man she is indeed that man's wife. The time she sexually lies with that man could be several years after her betrothal to him. Nevertheless, delay in her sexually lying with her husband does not negate her being her husband's wife!

Why did Tamar play the prostitute?

Because Judah had been unfaithful to her, in that he did not honour to her his word to her. For he had assured her that she would be given in sexual union to Shelah once Shelah was grown up. Nevertheless, once Shelah was grown up, Judah did not honour his word to her. Judah's failure to keep his word to Shelah is what contributed to Tamar's prostitution. For had Judah kept his word Tamar would have had no cause to play the prostitute.

It should be noted that the penalty for playing the prostitute is death!

It should also be noted from 38:26 that between Judah and Tamar the one with the greater sin was Judah! For it was Judah's unfaithfulness to Tamar, by failing to keep his word to her to give her in sexual union to Shelah once Shelah was grown up that contributed to Tamar playing the prostitute. Judah's unfaithfulness to Tamar therefore caused Tamar to play the prostitute, and for so being unfaithful he bore responsibility for Tamar's sin!

This did not excuse Tamar of all responsibility for her sin. For she willingly played the prostitute and was not raped. Nevertheless, had Judah been faithful she would have had no cause to play the prostitute. She therefore had lesser responsibility in the matter of her prostitution.

Seeing that the penalty for prostitution is death, and that Judah's sin was worse than Tamar's sin, it is indeed the case that Judah deserved to die for his sin of violating Tamar's betrothal. In other words, the penalty for violating a betrothal is death!

38:26 notes that Judah did not sexually lie with Tamar again. The reason is that Tamar was his daughter-in-law, and not his wife, despite his having sexually lain with her without knowing that she was his daughter-in-law! For 38:16 shows that the reason Judah sexually lay with Tamar was that he did not know that she was his daughter-in-law, implying that had he known he would not have sexually lain with her. It should therefore be clear that just because Judah unwittingly sexually lay with Tamar did not make Tamar his wife. Tamar was already his daughter-in-law, being the betrothed wife of Shelah. A woman betrothed to one man does not become wife to another man when the other man sexually lies with her prior to her husband sexually lying with her. She remains the wife of the man she is betrothed to, despite having sexually lain with another man!

It should also be remembered from the case of Judah's sister, Dinah, that just because a woman sexually lies with a man does not make her that man's wife, even if she is not betrothed at the time the man sexually lies with her. For her to be wife to that man critical consents must first be obtained, after which she becomes his wife. And seeing that a betrothed woman is already wife to a man, any other man who sexually lies with her sins against Yahweh, thereby bringing upon his household guilt, until such time as Yahweh forgives him his sin.

Learning from Judah and Tamar's case, it should be appreciated that once the appointed time for a woman betrothed to a man to sexually lie with him has come, she should indeed sexually lie with him. She should not be unduly prevented from so sexually lying with him. So preventing her may lead her to seek sexual gratification with another man, thereby playing the prostitute, and the man with whom she plays the prostitute unwittingly bringing guilt upon his household by his sin! In Jacob and Rachel's case it was indeed by Yahweh's grace that Rachel did not sexually lie with another man over the seven years after the time originally appointed for her to sexually lie with her husband Jacob. But if Yahweh does not intervene to prevent a betrothed woman sexually lying with another man, a man not her husband, it is indeed likely that she will do so, if the time appointed for her to be sexually united with her husband is unduly delayed.

Exodus 20:17 reads,

As seen in the cases of Pharaoh and Abraham's wife, Abimelech and Abraham's wife and Judah and Shelah's wife, a man can unwittingly covet his neighbour's wife! To avoid unwitting sin, especially that of coveting a neighbour's wife, a man should pray to Yahweh to lead and guide him to the woman or women he has appointed as wife or wives to him. These are the ones the man should take as wife. And by following this procedure the man will not unwittingly sin against Yahweh in taking as wife a woman already wife to another, whether already married to another or betrothed to another.

Exodus 21:2-5 reads,

It should be noted that when a master or mistress gives his or her maid as wife to a man in his household that maid is not released from her slavery or service. She continues to be under the authority of her master or mistress. Her children also, whom she bears, belong to her master or mistress, even as she belongs to her master or mistress.

It is in this context that Sarah gave her slave Hagar as wife to her husband. Hagar was not released from slavery by her being wife to Abraham, even as Abraham noted in his comments to Sarah in Genesis 16:6,

Hagar's son Ishmael therefore legally belonged to Sarah.

Also, by the same token, the children born to Leah and Rachel's maids respectively belonged to Leah and Rachel, as Zilpah and Bilhah were their maids and therefore had no legal right to their own biological children.

Seeing that a slave woman is not released from her slavery when given as wife to a man, it appears prudent that her master or mistress should give her as wife only to a man in his or her household, in order to avoid conflict of authority. Her master should give her to either a son or a male slave in his household. Her mistress should give her to her husband or to her son or to a male slave in her household, that is her husband's household.

It seems that the distinction between a wife who is a free woman and one who is a slave woman concerns their respective legal rights. The children of a slave woman do not legally belong to her, these belonging to either her master or mistress. Therefore even if she is married to a man outside her master or mistress's household the children she bears through this man's seed do not legally belong to this man but legally belong to her master or mistress.

A man who desires to have legal ownership of his biological children should not take as wife a woman who is another's slave. He should seek either a free woman or a woman who is his own slave, thereby ensuring that his biological children legally belong to him.

Exodus 22:16-17 reads,

It should be noted that a virgin who isn't pledged to be married does not become wife to any man until such time as her father consents to give her as wife to a man. It is irrelevant that a man has enticed her and sexually lain with her, showing that both the consent of the man and the woman exist. For if the other critical consent, that of the father, does not exist then she does not become wife to the man.

Yahweh's law here is seen to be in harmony with the understanding of the Hamor and Shechem the Hivites, and that of Jacob's household, when Shechem had sexually forced himself upon Dinah. In other words, a virgin who isn't pledged to be married does not become wife to the first man she gives herself to sexually. Such conduct is prostitution, as Jacob's children clearly understood. She becomes the man's wife only after her father has given her as wife to that man!

22:17 specifies dowry of a particular category - that of virgins. It appears that there are different valuations of dowry depending on circumstances.

A man who takes away a woman's virginity must pay dowry to her father according to the valuation of dowry for virgins. If the woman is not a virgin it appears that the valuation is less.

That Yahweh has specified that a dowry must be paid shows that it is indeed necessary for one to pay dowry when taking a woman as one's wife. But the valuation of dowry varies with the categorisation of woman one is taking as wife, depending on her circumstances.

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