Adultery is wrong. But the Rabbis, masters of nuance and detail, saw layers upon layers within those words.
What exactly does “cohabited with by a husband” really mean?
The Sifrei Devarim, a collection of early rabbinic legal interpretations on the Book of Deuteronomy, digs deep into this very question. It suggests that the phrase includes a woman who is "cohabited with in her father's house," meaning a woman who is betrothed but not yet fully married. This might seem like a minor point, but it has huge implications for understanding the boundaries of marriage and fidelity in Jewish law. : Betrothal, or kiddushin, wasn't quite the same as marriage as we understand it today. It was a binding agreement, a formal commitment, but it didn't necessarily mean the couple was living together or had the full rights and responsibilities of a married couple. So, the Sifrei Devarim is telling us that even within this in-between state, the bond of commitment was taken incredibly seriously.
But that's not all! The Sifrei Devarim offers another intriguing interpretation, attributed to Rabbi Yishmael. He reads the phrase "cohabited with by a husband" as teaching us something about a yevamah. What’s a yevamah? That's a woman awaiting yibbum, or levirate marriage. This is where, if a man dies without children, his brother is obligated to marry his widow. It’s a complex, and sometimes controversial, mitzvah (commandment) designed to continue the deceased brother’s lineage.
Rabbi Yishmael explains that if a man has relations with a yevamah before the yibbum ceremony is complete, he is not liable to the death penalty that applies to adultery. According to this interpretation, the verse is teaching us that the laws of adultery don't fully apply until the yavam (the brother obligated to perform yibbum) actually consummates the levirate marriage.
Why is this important? It highlights the specific nature of the yibbum relationship. Until the act of marriage is completed, the yevamah is in a unique legal and social position. She's not entirely single, but she's not yet fully married either. The Torah, through the lens of rabbinic interpretation, recognizes this liminal space.
So, what started as a seemingly simple verse about adultery opens up into a fascinating exploration of the nuances of Jewish law, the complexities of marriage, and the importance of understanding the specific contexts in which these laws apply. It reminds us that the Torah isn't just a set of rules, but a rich tapestry of wisdom, ethics, and human understanding. And the Rabbis, through their diligent study and insightful interpretations, help us to unravel its many layers.