For me, I have always take a rather simple view of this because I do think we can hyper analyze stuff like this way too often.
I was disagreeing with a fellow man over whether Joseph was acting properly according to the Torah by wanting to give Mary a certificate of divorce when he learned she was pregnant. He thought not as the penalty for adultery, even if the marriage is only in the betrothal stage and thus not consummated (regardless of what the Mideast above says...), is death.
I pointed out, however, that in terms of Torah judgement, you need two to 3 witnesses. Now, Joseph knew she wasn't pregnant. He also knew he hadn't done it, but he was never, ever, going to find any witnesses that she had been sleeping around.
You will also need someone to bring up the accusation, witnesses beed to be examined, and someone else to judge.
Another interesting case was when the 2 prostitutes/adulteresses came before Solomon for judgement regarding the living versus the dead son. We know their status, but all that was judged was the matter of accusation, the matter to which there were 2 (conflicting, in this case) witnesses. Thus, the only matter judged was that if the child. Their status as prostitutes/adulteresses was not on trial. No one was their bearing witness before the king to that matter... no one was even laying accusation of it.
I highly doubt David and Bathsheba (sure, both witnessed the event in their own right) had a couple of people sitting in on their tryst to bear witness to the actual deed later in court.
Also, did anyone lay a formal charge against either of then, of which any of us are aware?
No. It seems, much like in the incident between Cain and Abel, there were not the witnesses to follow a proper procedure, etc., but the Almighty still chooses to intervene. Besides, Cain and David both received the death penalty... Adam did also. Did it happen that very moment? No, but it did happen. We may not all be struck down in the exact instant we sin... if we were, the world would be empty of humans, but we do eventually die.
Long story short: for my part, I think it is a matter of ancient Israelite jurisprudence.
Heck, even today, we dont see people magically appear in prison the moment after they commit a crime. Some never wind up there and those who do first have to be proven guilty in a court of law. "Everybody knows he did it" kind of arguments are simply not enough to condemn a person in a properly run society.
I was disagreeing with a fellow man over whether Joseph was acting properly according to the Torah by wanting to give Mary a certificate of divorce when he learned she was pregnant. He thought not as the penalty for adultery, even if the marriage is only in the betrothal stage and thus not consummated (regardless of what the Mideast above says...), is death.
I pointed out, however, that in terms of Torah judgement, you need two to 3 witnesses. Now, Joseph knew she wasn't pregnant. He also knew he hadn't done it, but he was never, ever, going to find any witnesses that she had been sleeping around.
You will also need someone to bring up the accusation, witnesses beed to be examined, and someone else to judge.
Another interesting case was when the 2 prostitutes/adulteresses came before Solomon for judgement regarding the living versus the dead son. We know their status, but all that was judged was the matter of accusation, the matter to which there were 2 (conflicting, in this case) witnesses. Thus, the only matter judged was that if the child. Their status as prostitutes/adulteresses was not on trial. No one was their bearing witness before the king to that matter... no one was even laying accusation of it.
I highly doubt David and Bathsheba (sure, both witnessed the event in their own right) had a couple of people sitting in on their tryst to bear witness to the actual deed later in court.
Also, did anyone lay a formal charge against either of then, of which any of us are aware?
No. It seems, much like in the incident between Cain and Abel, there were not the witnesses to follow a proper procedure, etc., but the Almighty still chooses to intervene. Besides, Cain and David both received the death penalty... Adam did also. Did it happen that very moment? No, but it did happen. We may not all be struck down in the exact instant we sin... if we were, the world would be empty of humans, but we do eventually die.
Long story short: for my part, I think it is a matter of ancient Israelite jurisprudence.
Heck, even today, we dont see people magically appear in prison the moment after they commit a crime. Some never wind up there and those who do first have to be proven guilty in a court of law. "Everybody knows he did it" kind of arguments are simply not enough to condemn a person in a properly run society.
