Interesting argument. Are you basing that on Leviticus 19:20?
The woman in this verse is not a concubine. It clearly states that she was "betrothed" only. Yes, in other circumstances sleeping with a betrothed woman would merit the death penalty, and in this case it does not. But it's not talking about a concubine, but rather a betrothed slave - not yet a concubine. As I read it, from this status she could either become a concubine, or be freed and released from both her bondage and her betrothal (and become available for another man).
I see this as talking about the case where, for example, a man purchases a slave for himself or another male in the household (e.g. his son) with the intention of her becoming their concubine. If he'd just purchased her as a generic slave, not for anybody in particular, she might be fair game for the first man in the household that wanted to claim her. But in this case she's off limits because she's promised to a specific man - though the punishment is less because as a slave, sleeping with her is not considered quite as terrible as sleeping with a free woman, though still wrong. If after actually having her in the household for a while they decide they don't want to actually take her as a concubine, they could free her as per Lev 19:20, and she'd then be available for another man. But until and unless she is freed, she's off limits, even though she's a slave, because she's promised to somebody already.
I could be wrong, this might be about a concubine. But to show from this verse that a concubine is not married to her man, you have to assume:
The woman in this verse is not a concubine. It clearly states that she was "betrothed" only. Yes, in other circumstances sleeping with a betrothed woman would merit the death penalty, and in this case it does not. But it's not talking about a concubine, but rather a betrothed slave - not yet a concubine. As I read it, from this status she could either become a concubine, or be freed and released from both her bondage and her betrothal (and become available for another man).
I see this as talking about the case where, for example, a man purchases a slave for himself or another male in the household (e.g. his son) with the intention of her becoming their concubine. If he'd just purchased her as a generic slave, not for anybody in particular, she might be fair game for the first man in the household that wanted to claim her. But in this case she's off limits because she's promised to a specific man - though the punishment is less because as a slave, sleeping with her is not considered quite as terrible as sleeping with a free woman, though still wrong. If after actually having her in the household for a while they decide they don't want to actually take her as a concubine, they could free her as per Lev 19:20, and she'd then be available for another man. But until and unless she is freed, she's off limits, even though she's a slave, because she's promised to somebody already.
I could be wrong, this might be about a concubine. But to show from this verse that a concubine is not married to her man, you have to assume:
- The woman described here is a concubine (debatable as outlined above), and
- It did not result in death specifically "because she was not married to her master", and not for any other hypothetical reason.
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