By Wendell Tenison
Literal laws of adultery under the law of Moses:
The word adultery is not found in the laws to the fathers in the book of Genesis and the first half of Exodus. However, the law against adultery is there and still binding today. Unlike the laws to the fathers, the law of Moses was written with the idea that we can and should make comparisons from it to the law of Christ, as from carnal to spiritual. We will only notice what is said in the testament of Moses; notwithstanding, his law has been done away by the crucifixion of Christ.
In the old testament and the prophets, the word adultery appears seventeen times; adulterer, three times; adulteress, three times; adulterous, one time. Thou shalt not commit adultery is one of the ten commandments of the law.
It appears by the usage, adultery was committed by the married, or at least by one spouse. However, spiritual adultery was attributed to the entire Hebrew nation as neuter gender as is the bride of Christ.
In the law of Moses, adultery was not a consideration for putting away (divorce.)
Leviticus 20:10 "And the man that committeth adultery with another man's wife, even he that committeth adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to death."
John 8:3-11 "And the scribes and Pharisees brought unto him a woman taken in adultery; and when they had set her in the midst,.....They say unto him, Master, this woman was taken in adultery, in the very act......Now Moses in the law commanded us, that such should be stoned: but what sayest thou?.....This they said, tempting him, that they might have to accuse him. But Jesus stooped down, and with his finger wrote on the ground, as though he heard them not......So when they continued asking him, he lifted up himself, and said unto them, He that is without sin among you, let him first cast a stone at her......And again he stooped down, and wrote on the ground......And they which heard it, being convicted by their own conscience, went out one by one, beginning at the eldest, even unto the last: and Jesus was left alone, and the woman standing in the midst......When Jesus had lifted up himself, and saw none but the woman, he said unto her, Woman, where are those thine accusers? hath no man condemned thee?.....She said, No man, Lord. And Jesus said unto her, Neither do I condemn thee: go, and sin no more."
Under Roman rule the Jews could not put anyone to death for any reason. Therefore, a Jew could commit adultery and get away with it. In view of this prohibition, that is why the Jews said to Jesus, what do you say?
The cause for Moses allowing the putting away of the wife is found in:
Deuteronomy 24:1-4 "When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house......And when she is departed out of his house, she may go and be another man's wife......And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife;.....Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD: and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance."
The word uncleanness in the Hebrew is "ervah", which means,"indecency" or "improper behavior." Under these loosely given laws, a husband could trump up any charge he so pleased and the wife was helpless.