I've heard it proposed that divorce was a more merciful alternative to execution when adultery occurred. Here is how that could play out.

Imagine a case in Israel under Moses. A man named Manasseh takes a wife Mara and they end up hating each other. Manasseh starts complaining (untruthfully) that Mara was not a virgin on their wedding night. Mara's father's reputation being maligned in this as well, he comes to the judges and proves his daughter's innocence in this area as Deuteronomy 22 commands. Manasseh is ordered to pay 100 shekels of silver to Mara's father and forbidden from ever divorcing her. Years later Mara, still hating Manasseh, hits it off with another fool and commits adultery. When it comes to sentencing, Manasseh is asked if he would divorce Mara rather than insisting on execution. Manasseh, whose heart has changed recently says that he would chose divorce as a mercy on Mara, but he is forbidden from doing so due to his past offense. Mara is therefore put to death.

The way this plays out, what should be a punishment on Manasseh for his false accusation, turns out to be a punishment on Mara who can now not be shown mercy. The idea that divorce is an alternative to execution for adultery, I think fails when it comes to this statute and the other one regarding no divorce in a marriage that is entered because of rape/seduction at the end of Deuteronomy 22.

Thoughts?