And it came to pass about three months after, that it was told Judah, saying, Tamar thy daughter in law hath played the harlot; and also, behold, she is with child by whoredom. And Judah said, Bring her forth, and let her be burnt. (Genesis 38:24)
Judah gave this order by virtue of his authority as head of the family. This probably seemed to him a fortunate opportunity, furthermore, to extricate himself from his obligation to provide her with a husband. Tamar was regarded as the bride of Shelah, and as such was to be punished for a breach of chastity. The Mosaic law provided for stoning under such circumstances (Deut. 22:20-24). Only in the case of a priest’s daughter, or of certain forms of incest, was burning enjoined (Lev. 21:9; 20:14). Judah’s sentence, therefore, was more harsh than later Israelite law required. Whether he acted according to the custom of his time, or on other grounds, cannot be determined. The Code of Hammurabi lists two crimes for which the punishment is burning. Section 110 of the code states that a “devoted one” (see on Gen. 38:21) who opens a wineshop or enters a wineshop for a drink shall be burned alive, and sec. 25 provides that a thief shall be cast into the burning house from which he had attempted to steal property.