Deuteronomy 22:20-21

There is no more tragic and pathetic experience on record, illustrative of the heart-tearing contentions between ancient and time-honored religious customs and the contrary demands of advancing civilization, than the Hebrew narrative of Jephthah and his only daughter. As was common custom, this well-meaning man had made a foolish vow, had bargained with the “god of battles,” agreeing to pay a certain price for victory over his enemies. And this price was to make a sacrifice of that which first came out of his house to meet him when he returned to his home. Jephthah thought that one of his trusty slaves would thus be on hand to greet him, but it turned out that his daughter and only child came out to welcome him home. And so, even at that late date and among a supposedly civilized people, this beautiful maiden, after two months to mourn her fate, was actually offered as a human sacrifice by her father, and with the approval of his fellow tribesmen. And all this was done in the face of Moses’ stringent rulings against the offering of human sacrifice. But men and women are addicted to making foolish and needless vows, and the men of old held all such pledges to be highly sacred.

The Old Testament records one of these ordeals, a marital guilt test: If a man suspected his wife of being untrue to him, he took her to the priest and stated his suspicions, after which the priest would prepare a concoction consisting of holy water and sweepings from the temple floor. After due ceremony, including threatening curses, the accused wife was made to drink the nasty potion. If she was guilty, “the water that causes the curse shall enter into her and become bitter, and her belly shall swell, and her thighs shall rot, and the woman shall be accursed among her people.” If, by any chance, any woman could quaff this filthy draught and not show symptoms of physical illness, she was acquitted of the charges made by her jealous husband.

Since the chastity taboo had its origin as a phase of the property mores, it applied at first to married women but not to unmarried girls. In later years, chastity was more demanded by the father than by the suitor; a virgin was a commercial asset to the father—she brought a higher price. As chastity came more into demand, it was the practice to pay the father a bride fee in recognition of the service of properly rearing a chaste bride for the husband-to-be. When once started, this idea of female chastity took such hold on the races that it became the practice literally to cage up girls, actually to imprison them for years, in order to assure their virginity. And so the more recent standards and virginity tests automatically gave origin to the professional prostitute classes; they were the rejected brides, those women who were found by the grooms’ mothers not to be virgins.

2. Stoning the death house.

What really happened was this: Early the third morning of the feast, as Jesus approached the temple, he was met by a group of the hired agents of the Sanhedrin who were dragging a woman along with them. As they came near, the spokesman said: “Master, this woman was taken in adultery — in the very act. Now, the law of Moses commands that we should stone such a woman. What do you say should be done with her?”

Sacrificial redemption and temple prostitution were in reality modifications of human sacrifice. Next came the mock sacrifice of daughters. This ceremony consisted in bloodletting, with dedication to lifelong virginity, and was a moral reaction to the older temple harlotry. In more recent times virgins dedicated themselves to the service of tending the sacred temple fires.

3. You shall not be unchaste.

Jesus, looking over the crowd, saw her husband standing behind the others. He knew what sort of man he was and perceived that he was a party to the despicable transaction. Jesus first walked around to near where this degenerate husband stood and wrote upon the sand a few words which caused him to depart in haste. Then he came back before the woman and wrote again upon the ground for the benefit of her would-be accusers; and when they read his words, they, too, went away, one by one. And when the Master had written in the sand the third time, the woman’s companion in evil took his departure, so that, when the Master raised himself up from this writing, he beheld the woman standing alone before him. Jesus said: “Woman, where are your accusers? did no man remain to stone you?” And the woman, lifting up her eyes, answered, “No man, Lord.” And then said Jesus: “I know about you; neither do I condemn you. Go your way in peace.” And this woman, Hildana, forsook her wicked husband and joined herself to the disciples of the kingdom.

In olden days many practices now regarded as immoral were encouraged. Primitive wives not infrequently took great pride in their husbands’ affairs with other women. Chastity in girls was a great hindrance to marriage; the bearing of a child before marriage greatly increased a girl’s desirability as a wife since the man was sure of having a fertile companion.

It is not to be wondered that the Hebrews and other semicivilized tribes practiced such primitive techniques of justice administration three thousand years ago, but it is most amazing that thinking men would subsequently retain such a relic of barbarism within the pages of a collection of sacred writings. Reflective thinking should make it clear that no divine being ever gave mortal man such unfair instructions regarding the detection and adjudication of suspected marital unfaithfulness.