Harlots before king Solomon in 1 Kings 3:16

Question

Then two women who were harlots came to the king and stood before him.

Should not the harlots have been killed by law? However, far from executing them, Solomon judged between them!

But if this charge is true, that the girl was not found a virgin, then they shall bring out the girl to the doorway of her father's house, and the men of her city shall stone her to death because she has committed an act of folly in Israel by playing the harlot in her father's house; thus you shall purge the evil from among you. Deut 22:20, 21

Therefore, why weren't the harlots executed under the law?

Answer 1

Deut. 22:20 is not about harlotry but about deceiving a man that he is about to marry a virgin when in fact she is not. Virginity in the ANE was highly prized, and tricking someone by selling him an unchaste bride was considered a serious offense. Harlotry however was not punishable by death in Ancient Israel,

No Israelite man or woman is to become a shrine prostitute. (Deut. 23:17)

So you see, harlotry was banned and forbidden by Mosaic law but was not considered a capital crime punishable by death.

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The case of Judah and Tamar is an exception to the rule. Tamar was bound by the law of Levirate (Deut. 25) to marry her brother in law Shelah, when she slept with Judah she violated this law and the people considered it a crime akin to adultery which was punishable by being burnt alive. See commentary of Nahmanides Gen. 38:24. But it is clear that in normal circumstances prostitutes were not executed.

Hope this helps.

Answer 2

Prostitution in Israel was not illegal. In fact, it was only illegal to put the earnings of a prostitute into the temple treasury (Deut 23:18). The book of Hosea also discusses open prostitution. Temple and shrine prostitution was illegal which involved the disgusting practice of members of the public offering themselves for sex once per year (on a rotational basis) at the temple for ritual sex.

There were some famous prostitutes in Israel such as the Judge Jephthah's mother (Judges 11:1) and Rahab (Josh 6:17, 22) who became a progenitor of Christ (Matt 1:5).

The law listed in Deut 22:20, 21 not against prostitution but is against a bride being found to be unchaste (not a virgin).

Therefore, Solomon had no basis be executing the two prostitutes and treated them justly under the law of the Torah.