Legal in the view of the absence of casuistic or case law or even apodictic law, no and I will explain below. But since God’s charges against Israel were often metaphorically connected to “prostitution,” the act of relations with a prostitute were not sanctioned by God, only tolerated. The men were also included in the pejorative view and not just the women.
Tolerated = legal. That's all I'm saying. We're talking about laws here, and how God allegedly stated how their society should be run. Even if we incorporate morality into the laws and say, "Okay, love your neighbor is a law", that means there is a law with no punishment or deterrent to breaking it at all. So let's just stick to actual laws and not how people back then should have interpreted other parts of the Bible.
God defined marriage as one man and one woman in which the act of sexual intercourse was becoming one flesh. Adultery was a sin and if a married man had sexual relations with someone other than his first wife, he was guilty of adultery. The law was broken and just because the Israelites didn’t punish the offender as they should have, doesn’t make the act legal.
He defined it this way, sort of, in the NT. Not the old. See my other post about your verse in Exodus that contradicts this claim.
In the case of the single man, sex with a prostitute was also punishable but was ignored. Who was the prostitute? Was she divorced? Was she a ruined virgin? If she was divorced, the law is still broken because God never intended that divorce would be practiced and if one had relations with such a person, then adultery was still committed but the Israelites declined to treat it as the sin that it was.
Visiting a prostitute was
not punishable. There was
no punishment ascribed to visiting a prostitute. There is
no law on the books that they ignored.
And if you claim that God did indeed write Mosaic Law Himself, then God wrote this:
When a man takes a wife and marries her, if then she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce and puts it in her hand and sends her out of his house, and she departs out of his house Deuteronomy 24:1
So, yes, Divorce was and is part of God's plan because even the NT gives reasons to allow for a divorce. And no, it is not adultery to sleep with a divorced person.
If the woman was a ruined virgin, it means that she was raped or consensually involved in the act and the civil act of marriage was not completed. If she was raped, she and the rapist had still become one flesh and if another man had relations with her, then he was an adulterer. The sexual union is the determiner of becoming joined as one flesh and if one joins with another who is one flesh with someone else, the act of adultery is on those who engage in the act. The original plan for man and woman to become one was initiated in the act of sexual intercourse and it was the signifier of becoming one flesh/husband and wife.
If a woman is raped, then in God's eyes she is married to her rapist? Are you kidding me?
Just because the nation of Israel did not determine these specific acts as sins of adultery does not negate the fact that they were adultery. That is why these details are revisited in the NT as God brings mankind closer to the completion of His plan for us. The sin is on Israel for not holding itself to the original standards of sin that God outlined and allowing the sins to grow until she was cast into the era of dispersion.
Who wrote Mosaic Law? God or Moses? Moses claims it was God who wrote the details. Do you believe that? If you don't believe God designed Mosaic Law then we have nothing to argue about.
Solomon was not within God’s plan when he accumulated the concubines and multiple wives and in fact, he was in violation of God’s command cf Deu 17:17. Solomon garnered these wives as a means of acquiring national advantages in the Ancient Near East (ANE). In the ANE it was customary to seal the deal with a lesser king by the greater king (Solomon) marrying the lesser king’s daughter. This was not sanctioned by God and was sin which Solomon would indeed suffer for in his later years. God allowed this polygamy the same way that He allowed divorce but Jesus reminded Israel that it was because of the hardness of man’s heart that He allowed the practice and not because God sanctioned the practice of divorce or polygamy cf Matt 19:8.
I brought up Solomon to illustrate how the ancient Israelites viewed sexual conquest, not God. Solomon was revered, and as far as his subjects were concerned, he was blessed by God with his riches and wives and concubines. The OT seems to be a lot about punishment and reward occurring on Earth for being bad or good, respectively. The NT shifts things to punishment and reward occurring
after you're done on Earth.
As I have already pointed out, divorce was not God’s plan and it only existed because of man’s hardness of heart. So, any marriage to a divorced woman would be acts of adultery. Christ addresses the problem in Matt 19 as well. The law and intent was always there in the OT laws but man’s determination to be autonomous led him away from God’s intent and Christ brought it back into focus.
You can marry a divorced woman and it not be adultery even in the NT...
Rape: The legal texts show that rape was the equivalent to murder (Deut 22:26) and as seducing a woman physically (Deut 22:25-27) or psychologically (Deut 22:28-29; Exod 22:16) into sexual intercourse. In those same verses, the legal texts value the consent and value of the woman’s voice.
No, as I pointed out, those laws are about
adultery. Does the man get a worse punishment if it was rape than he would if it was consensual? No. Does the law apply to anyone other than married women or single virgins? No. There is no protection from rape unless you're married.
In the case of the wife: The act of rape is what is judged and is not viewed as punishable by death because of the object of the crime. It is the crime itself that is abhorrent which means that the husband should treat his wife with the same concern for her value as God’s created being and this is why the NT expands on the idea of the husband treating the wife the same way he treats his own body.
But the wife is supposed to be obedient as well, even in the NT. If the wife refuses to be obedient and comply with sex, then she is a sinner. We can look at some other verses that talk about soldiers taking wives from cities they just got done butchering. Do you think those captive wives were happily consenting to sex? Even if they didn't say, "No" most of them were assuredly afraid of the sword they watched their families killed with. That isn't consent either and results in the same psychological trauma of violent rape.
As demonstrated, finer details are provided in the NT by Christ and the authors of the epistles and it was also determined that these finer details were provided as a reminder that the original intent of the law was ignored. Finer detail is only provided as one violates the original spirit and intent of the law. For example, when Christ taught about loving your neighbor as yourself the next question was “who is my neighbor?” (
Luke 10:29). However, rape was not overlooked and even though the laws that we have looked at only name the virgin they would also take into consideration the wife. This is because, since it is the act that is judged, it follows that the same respect is due for the wife’s desire for or against sexual advances.
Finer detail... Why so many details about theft and so few about rape? Why is rape less important to enforce than theft?
The NT reboots the laws of the OT and reminds us of what the original intent was in God’s plan for mankind. Your assumption that the more detail that is in the law is a sign of evolving morality, but it is just the opposite. We make laws more detailed because we are trying to deny our sins by only committing parts of the sin in question. We deny the intent of the law and demand that details be provided so that we can get close to sin but just miss the judgment for going too far. This is why Christ defined adultery as “looking at a woman” with adulteress intent. The heart is the originator of sin and the body is the tool for its completion. In reality, the plethora of laws that accumulate over time define the culture in decline and not an evolutionary ascending culture.
I bolded the really important part. Slavery is considered morally wrong now. Women get to choose their husband based on love now. Girls who are too young to make the decision themselves aren't blamed if they volunteer to have sex with a much older man now. These are all good morals that evolved
after the Bible.