Deuteronomy 22.13-29 & Adultery (Prof. Weren)

In the Bible, however, adultery is in fact punishable by stoning (Deut. 22:20-24; see Lev. 20:10), whereas the Qur‘an prescribes a lighter punishment for this offence, namely a hundred lashes (Q. 24:2). Stoning as a punishment for adultery is not mentioned in the Qur‘an itself, but can be found in the tradition literature (hadith) and is included in the sharia, in which it is stated that this cruel punishment can only be imposed if a number of conditions are met: there must be four male witnesses, who must be reliable; they must have caught the adulterous couple in the act (graphically described as that they must have actually seen ―that the pen was dipped in the inkwell‖), and their statements must agree (N. Abu-Zahra, ―Adultery and Fornication‖, in Encyclopaedia of the Qur’an 1 (ed. J.D. McAuliffe; Leiden: Brill, 2001), 28-30, and D.V. Frolov, ―Stoning‖, in Encyclopaedia of the Qur’an 5 (ed. J.D. McAuliffe; Leiden: Brill, 2006), 129-130). These conditions are of such a nature that, in practice, it is almost impossible that stoning can ever be imposed as a punishment.

Rules in Deuteronomy 22:13-29 Concerning Sexual Relations

The heaviest sanction, the death penalty, is imposed for adultery or infidelity. In the Bible, this includes every form of voluntary sexual relations of a married or betrothed woman with any man other than her husband (E.A. Goodfriend, ―Adultery‖, in The Anchor Bible Dictionary 1). Sexual intercourse between a married man and an unmarried woman is not seen as infidelity but as fornication. The marriage bond broken by adultery is the bond between the woman and the man with whom she is married, and not the marriage bond between the adulterous man and his wife. This definition shows that adultery primarily infringes on the husband‘s exclusive right to sexual relations with his partner. Sexual intercourse of a third party with a betrothed or married woman is perceived as an injury to the honour of her husband or her future husband; his honour is closely linked to her chastity. The views described here are reflected in Deuteronomy 22:22-27. Adultery is punishable by death, in the man‘s case because his intimacy with another man‘s wife also undermines society; whereas in the woman‘s, only if she voluntarily engaged in an adulterous affair.