Did what David do to Batsheba and Uriah technically legal (not sin?)

Says that David is technically not sinning because Batsheba is "technically" divorced.

It seems that in ancient Israel, where Torah is actual law rather than just religious opinions, sinning and committing a crime are the exact same thing. One guy is sinning if and only if he breaks the law of the land at that time, which at that time, is the exact religious laws.

That misses a big elephant question. If sex outside marriage is always sin, and Batsheba is definitely not David's wife, then how come there is even any question if David is technically sinning or not?

The converse.

If David may technically not sin because at that time Batsheba is not married, then why are there any rabbi that think sex outside marriage is not sin.

Even their king have sex outside marriage, have concubines, and well, to push the boundary, sleep with someone's else wife.

And that's not sin.

And now sex outside marriage is?

Does Judaism permit sexual relationships outside of marriage?

  • 1
    Where is your Torah proof that sex outside marriage is a sin?
    – Aaron
    Commented Jun 20, 2016 at 4:05
  • None. That's precisely where the problem is. None in the torah but so many jews think it's sin.
    – user4951
    Commented Jun 20, 2016 at 4:12

2 Answers 2


Note that the discussion of King David not having sinned means that he did not commit adultery because she was divorced as shown in Anyone who says these people sinned is mistaken. For real? It does not mean that he did not do wrong but that since she was not married, he was allowed to marry her and their son, Shlomo, was able to become king. Also note that Shlomo was born after they were married as the child of that initial union died.

We also see that he did repent for his action and accepted the rebuke of the prophet. However, he was guilty of "abuse of authority" not adultery.


Regarding your question about sex outside marriage. According to Maimonides, sex outside marriage is prohibited by Deut. 23:18. According to other opinions(responsa 425), it is a Rabbinical prohibition as it is understood that if the Court of David prohibited one to remain alone with an unmarried woman, certainly sex with her is prohibited. Regardless, at least as far back as the 11th century, it was already prohibited for unmarried women to ritually immerse, rendering them impure by menstruation (see previous citation, end of responsa). So pre-marital sex is currently a Biblical prohibition according to all opinions.

  • So it's sin if peasants do it, but not sin if Dave Hamelek did it. Now I am sensing pattern here.
    – user4951
    Commented Jun 22, 2016 at 3:28
  • So is that the same maimonides that think David didn't sin?
    – user4951
    Commented Jun 22, 2016 at 3:48
  • According to the latter authorities, David was actually the one who initiated the prohibition. But even according to Maimonides, the prohibition is for sex for the sake of sex. As per A"Z 4b and M"K 16b, David had no evil inclination at this point, and his intent was to teach repentance to Israel.
    – Y K
    Commented Jun 22, 2016 at 4:41

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