verses 16-17
The seduction of a girl, who belonged to her father as long as she was not betrothed (cf. Exo 21:7), was also to be regarded as an attack upon the family possession. Whoever persuaded a girl to let him lie with her, was to obtain her for a wife by the payment of a dowry (מהר see Gen 34:12); and if her father refused to give her to him, he was to weigh (pay) money equivalent to the dowry of maidens, i.e., to pay the father just as much for the disgrace brought upon him by the seduction of his daughter, as maidens would receive for a dowry upon their marriage. The seduction of a girl who was betrothed, was punished much more severely (see Deu 22:23-24).
verses 18-19
The laws which follow, from Exo 22:18 onwards, differ both in form and subject-matter from the determinations of right which we have been studying hitherto: in form, through the omission of the כּי with which the others were almost invariably introduced; in subject-matter, inasmuch as they make demands upon Israel on the ground of its election to be the holy nation of Jehovah, which go beyond the sphere of natural right, not only prohibiting every inversion of the natural order of things, but requiring the manifestation of love to the infirm and needy out of regard to Jehovah. The transition from the former series to the present one is made by the command in Exo 22:18, “Thou shalt not suffer a witch to live;” witchcraft being, on the one hand, “the vilest way of injuring a neighbour in his property, or even in his body and life” (Ranke), whilst, on the other hand, employment of powers of darkness for the purpose of injuring a neighbour was a practical denial of the divine vocation of Israel, as well as of Jehovah the Holy One of Israel. The witch is mentioned instead of the wizard, “not because witchcraft was not to be punished in the case of men, but because the female sex was more addicted to this crime” (Calovius). תחיּה לא (shalt not suffer to live) is chosen instead of the ordinary יוּמת מות (shall surely die), which is used in Lev 20:27 of wizards also, not “because the lawgiver intended that the Hebrew witch should be put to death in any case, and the foreigner only if she would not go when she was banished” (Knobel), but because every Hebrew witch was not to be put to death, but regard was to be had to the fact that witchcraft is often nothing but jugglery, and only those witches were to be put to death who would not give up their witchcraft when
