The Seducer and the Rapist: Divergent Qumranic and Rabbinic Interpretations of Deut 22:28–29

The rule of Exod 22:15–16 refers unequivocally to an act of seduction and its legal ramifications. Its cognate rule in Deut 22:28–29 is regularly interpreted as referring to an act of rape and its legal ramifications. 11Q19 (11QTa) LXVI:8–11, however, integrates the two biblical decrees, applying the legal implications from Deuteronomy to the seducer. This paper examines the terms in the deuteronomic decree, demonstrating that they do not absolutely indicate violent rape; this, in turn, explains the Temple Scroll’s treatment of the text as referring to an act of seduction. A variety of practical differences result from the two disparate interpretations. Finally, the paper examines the conceptual distinctions between modern criminal law and ancient Israelite divine law.