A distinction is drawn between adultery with a free woman, or a betrothed free virgin, which was punishable with death (Leviticus 20:20; Deuteronomy 22:23), and with a slave betrothed to another man (probably a slave also).
In the latter ease a lesser punishment, no doubt that of scourging (according to the Mishna to the extent of forty stripes), was to be inflicted on one or both, according to the circumstances of the ease.
The words, she shall he scourged, should be translated, there shall be investigation, followed, presumably, by the punishment of scourging, for both parties if both were guilty, for one if the woman was unwilling.
The man is afterwards to offer a trespass offering. As the offense has been a wrong as well as a sin, his offering is to be a trespass offering (see on Le Leviticus 5:14). In this case the fine of one-fifth could not be inflicted, as the wrong done could not be estimated by money, and the cost of the ram seems to be regarded as the required satisfaction.
No mention is made of damages to be paid to the man to whom the slave-girl was betrothed, probably because he was himself a slave, and had not juridical rights against a freeman.