Exodus 22:16
And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
And if a man entice a maid, that is not betrothed,.... For one might be betrothed according to the custom of those times, and not be married, or the nuptials consummated, and so be yet a maid or virgin; but being betrothed, it made the case different, because such an one was as a wife to a man: but the case here supposed is of a maid not betrothed, and also not forced, but yielding to the solicitations of a man, as is implied by her being enticed; which signifies his gaining upon her affections, and obtaining her consent by expressing strong affection for her, and making large promises to her, and so both by words and gestures prevailing with her to yield to his desire:
and lie with her; in a way of carnal copulation; and such an action between two single persons, by consent, is what is called simple fornication: if this was done in a field, the maid was supposed to be forced, since there she might cry out, and not be heard; but if in a city, she is supposed to be enticed, and consent, since if she cried out she might be heard; this the Jewish writers gather from
Deuteronomy 22:23, though the law there respects a betrothed damsel:
he shall surely endow her to be his wife; give her a dowry in order to be his wife, or, however, such an one as he would or must give if she became his wife, even one suitable to her rank and dignity, whether he married her or not; for he was not obliged to it whether he would or not, and in some cases could not if he would, as follows.