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1When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.ab
2And when she is departed out of his house, she may go and be another man’s wife.
3And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife;
4Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD: and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance.
5¶ When a man hath taken a new wife, he shall not go out to war, neither shall he be charged with any business: but he shall be free at home one year, and shall cheer up his wife which he hath taken.c
6¶ No man shall take the nether or the upper millstone to pledge: for he taketh a man’s life to pledge.
7¶ If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die; and thou shalt put evil away from among you.
8¶ Take heed in the plague of leprosy, that thou observe diligently, and do according to all that the priests the Levites shall teach you: as I commanded them, so ye shall observe to do.
9Remember what the LORD thy God did unto Miriam by the way, after that ye were come forth out of Egypt.
10¶ When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge.d
11Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee.
12And if the man be poor, thou shalt not sleep with his pledge:
13In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the LORD thy God.
14¶ Thou shalt not oppress an hired servant that is poor and needy, whether he be of thy brethren, or of thy strangers that are in thy land within thy gates:
15At his day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the LORD, and it be sin unto thee.e
16The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers: every man shall be put to death for his own sin.
17¶ Thou shalt not pervert the judgment of the stranger, nor of the fatherless; nor take a widow’s raiment to pledge:
18But thou shalt remember that thou wast a bondman in Egypt, and the LORD thy God redeemed thee thence: therefore I command thee to do this thing.
19¶ When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, thou shalt not go again to fetch it: it shall be for the stranger, for the fatherless, and for the widow: that the LORD thy God may bless thee in all the work of thine hands.
20When thou beatest thine olive tree, thou shalt not go over the boughs again: it shall be for the stranger, for the fatherless, and for the widow.f
21When thou gatherest the grapes of thy vineyard, thou shalt not glean it afterward: it shall be for the stranger, for the fatherless, and for the widow.g
22And thou shalt remember that thou wast a bondman in the land of Egypt: therefore I command thee to do this thing.
Footnotes:
1 a24.1 some…: Heb. matter of nakedness
1 b24.1 divorcement: Heb. cutting off
5 c24.5 neither…: Heb. not any thing shall pass upon him
10 d24.10 lend…: Heb. lend the loan of any thing to, etc
15 e24.15 setteth…: Heb. lifteth his soul unto it
20 f24.20 go…: Heb. bough it after thee
21 g24.21 afterward: Heb. after thee
The Blueprint of Your Home
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(Through the Bible) Deuteronomy 21-25
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(Through the Bible) Jeremiah 3-5
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The Insanity of Sin - Part 1
By Joy Dawson1.2K41:16SinEXO 20:5DEU 24:16JHN 8:11ACT 24:16ROM 6:231CO 4:52TI 1:7In this sermon, the preacher emphasizes the importance of having a clear conscience before God and men. He shares a story about a man who sent telegrams to influential people, causing eight of them to leave town out of fear. The preacher highlights the insanity of sin and urges listeners to come to their right mind and sin no more. He explains that sin is a choice and that we cannot blame others for our own sins. The sermon is filled with references to scripture, emphasizing the authority of the Word of God in teaching about sin.
Ill-Gotten Gain - Part 2
By Alistair Begg1.1K36:07FalsehoodDEU 24:14PRO 14:31In this sermon, the preacher discusses the theme of injustice and greed in society. He uses vivid imagery to describe the consequences of employers withholding wages from their workers. The preacher also references a song called "Mr. Businessman" that criticizes those who prioritize material wealth over more important things. He then goes on to talk about the Russian oligarchs and how their immense wealth has been acquired at the expense of the impoverished. The sermon concludes with a reminder that God, as the ultimate judge, will ultimately bring justice to all.
Parent Abuse Faith Bible Church 28
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On Eagles' Wings Pt 134
By Don Courville31827:49Radio ShowDEU 24:14PSA 143:8ISA 40:28MAT 6:33In this sermon, the speaker emphasizes the importance of waiting on God. He shares his personal experience of being in a season where all invitations and opportunities stopped, and he was forced to spend time with God. The speaker explains that waiting on God means attaching ourselves to Him and trusting in His loving kindness. He also highlights the dangers of not waiting on God and the benefits that come from patiently waiting for His guidance and direction. The sermon references the psalmist's plea to hear God's loving kindness and to know the way to walk, emphasizing the need to lift up our souls to God in trust and surrender.
Opposing Views on the Death of Jesus
By Art Katz0Historical Accuracy of the GospelsJewish ResponsibilityDEU 24:16MAT 27:24MRK 15:15LUK 23:4JHN 19:10Art Katz addresses the contentious issue of Jewish culpability in the death of Jesus, referencing Leo M. Abrami's argument that the majority of Jews lived outside Palestine and thus cannot be held responsible. He critiques Robert Urekew's assertion that the Passion accounts are fictional, emphasizing that the execution was a Roman decision based on Jesus' claim to be the Messiah, independent of Jewish influence. Katz warns against the dangers of dismissing the Gospels as mere propaganda, highlighting the faith of millions that relies on their historical validity. He argues that such revisionism not only undermines the truth of the Gospel but also perpetuates a misunderstanding of the events surrounding Jesus' death.
Confiding Trust and Patient Submission
By J.C. Philpot0DEU 24:20JOB 16:8PSA 139:23ISA 6:5ISA 17:6ISA 24:16JER 15:10EZK 1:10MIC 7:8MRK 9:24PHP 1:11J.C. Philpot preaches about the journey of a believer through afflictions, temptations, and darkness, highlighting the need for patient submission to God's righteous dealings. The sermon focuses on the believer's assurance in God's advocacy, leading to a firm trust in the Lord's deliverance and the eventual manifestation of His righteousness. Philpot emphasizes the importance of bearing the Lord's indignation due to sin, trusting in God's faithful and righteous character, and looking forward to the light of His countenance and the revelation of Christ's righteousness.
Jewish Commentary on the Issues Raised by the Passion Film
By Art Katz0Historical Accuracy of the GospelsJewish IdentityDEU 24:16MAT 27:24MRK 15:15LUK 23:4JHN 19:10Art Katz addresses the controversial topic of Jewish culpability in the death of Jesus, emphasizing that many Jews lived outside of Palestine during that time and cannot be held responsible for the crucifixion. He critiques the arguments presented by scholars who dismiss the Gospel accounts as fictional, asserting that such views undermine the faith of millions who believe in the historical significance of Jesus' suffering and sacrifice. Katz argues that the narrative of Jewish guilt is not only historically unfounded but also perpetuates harmful revisionism that ignores the true nature of the events surrounding Jesus' death.
How to Keep Poor People Poor
By David Servant0DEU 24:19David Servant shares a powerful message on the importance of not enabling dependency but encouraging self-sufficiency, drawing from personal experiences in Romania and biblical principles. He emphasizes the need for noble motivations in work and charity, highlighting the detrimental effects of handouts without requiring effort. The sermon delves into the biblical commandment that those who are able to work should do so to earn their keep, echoing the apostle Paul's example of working diligently to set a good model. David Servant also explores the balance between providing immediate relief and fostering long-term development for the poor, advocating for wise and sustainable solutions.
Jesus Heals a Man Born Blind John 9:1-41
By David Servant0DEU 24:16JHN 9:31CO 12:9David Servant delves into the topic of birth defects and why God allows suffering, using the story of the blind man healed by Jesus to illustrate that physical ailments are not always a result of sin, but can be a means for God's power to be displayed. He emphasizes that while we may not have all the answers to suffering, Christians find comfort in the promise of a new, perfect body in eternity and the availability of healing in this life through faith. Servant highlights the importance of faith in experiencing God's healing power, drawing attention to the blind man's obedience in following Jesus' instructions for healing.
Scriptural Teaching on Generational Curses
By Zac Poonen0DEU 24:16EZK 18:1GAL 3:13GAL 5:1EPH 1:3Zac Poonen emphasizes the truth from Ezekiel 18 that refutes the misconception of generational curses, clarifying that children do not suffer for the sins of their parents. He highlights how misinterpretations of Scripture can lead to bondage and fear, but the Lord's word declares that each soul is accountable for their own actions. Poonen explains that when we surrender to Christ, we are disconnected from ancestral curses and connected to the blessings in Christ, freeing us from any inherited curses. He challenges believers not to be swayed by false teachings that instill fear and bondage, but to stand firm in the truth of God's Word.
Jesus Teaches About Divorce and Remarriage Matthew 19:1-9
By David Servant0DEU 24:1MAT 19:31CO 6:9EPH 4:321JN 1:9David Servant delves into the topic of divorce and remarriage, exploring the differing views among religious teachers during Jesus' time and Jesus' teachings on the matter. He emphasizes God's original intention for marriage to be lifelong and undivided, with divorce being a result of human sinfulness. Servant discusses Jesus' stance on divorce, highlighting the seriousness of adultery as the only valid reason for divorce. He also addresses the misconception around Jesus' words on remarriage and adultery, stressing the importance of considering the broader context of God's forgiveness and grace in interpreting these teachings.
John 9:1-5
By St. John Chrysostom0DEU 24:16EZK 18:3JHN 9:3JHN 12:36ROM 5:20ROM 13:121CO 12:16John Chrysostom preaches about Jesus healing a man born blind, emphasizing that the man's blindness was not a punishment for sin but an opportunity for God's glory to be revealed. Chrysostom explains that Jesus' miracles, like restoring sight to the blind, demonstrate His power as the Creator and the Light of the world. He contrasts the temporary nature of earthly dwellings with the eternal glory of heavenly homes, urging believers to invest in building their spiritual houses in heaven through acts of charity and faith. Chrysostom encourages his audience to prioritize their eternal dwelling place in God's kingdom, where there is no envy, malice, or decay, and where the presence of saints and angels brings eternal joy.
(Reformers and Their Stepchildren) Kommunisten! - Part 2
By Leonard Verduin0DEU 24:10PRO 19:17MAT 25:35LUK 3:11ACT 2:44ROM 12:132CO 9:7GAL 6:2JAS 2:151JN 3:17Leonard Verduin discusses the economic principles and practices of the Anabaptist pioneers, highlighting their emphasis on communal sharing of resources to provide for those in need and their rejection of usury and excessive accumulation of wealth. The Anabaptists believed in helping the less fortunate out of brotherly love and without coercion, advocating for a Christian view of ownership that prioritizes compassion and stewardship. Despite facing persecution and being misunderstood, they stood firm in their belief in assisting those in need and promoting a more equitable distribution of resources.
Day 75, Mark 10
By David Servant0DEU 24:1MAL 2:16MAT 19:14MAT 19:24MRK 10:17MRK 10:251CO 6:91CO 7:11JAS 2:14David Servant addresses the contentious topic of divorce and remarriage, urging listeners to carefully consider all that Scripture teaches on the subject and to avoid interpretations that contradict other scriptures. He highlights the importance of understanding the true reasons behind God's view on divorce and remarriage, emphasizing the heart behind the actions rather than just the outward behavior. Servant points out the misuse of loopholes by corrupt religious leaders in Jesus' time and distinguishes between those who divorce for selfish reasons and those who genuinely try to save their marriage but fail. He stresses the necessity of holiness for entering heaven, citing Jesus' teachings on obeying commandments and the challenge for the rich to enter God's kingdom.
- Jamieson-Fausset-Brown
- John Gill
- Keil-Delitzsch
- Matthew Henry
- Tyndale
Introduction
OF DIVORCES. (Deu. 24:1-22) When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes--It appears that the practice of divorces was at this early period very prevalent amongst the Israelites, who had in all probability become familiar with it in Egypt [LANE]. The usage, being too deep-rooted to be soon or easily abolished, was tolerated by Moses (Mat 19:8). But it was accompanied under the law with two conditions, which were calculated greatly to prevent the evils incident to the permitted system; namely: (1) The act of divorcement was to be certified on a written document, the preparation of which, with legal formality, would afford time for reflection and repentance; and (2) In the event of the divorced wife being married to another husband, she could not, on the termination of that second marriage, be restored to her first husband, however desirous he might be to receive her.
Verse 5
When a man hath taken a new wife, he shall not go out to war--This law of exemption was founded on good policy and was favorable to matrimony, as it afforded a full opportunity for the affections of the newly married pair being more firmly rooted, and it diminished or removed occasions for the divorces just mentioned.
Verse 6
No man shall take the nether or the upper millstone to pledge--The "upper" stone being concave, covers the "nether" like a lid; and it has a small aperture, through which the corn is poured, as well as a handle by which it is turned. The propriety of the law was founded on the custom of grinding corn every morning for daily consumption. If either of the stones, therefore, which composed the handmill was wanting, a person would be deprived of his necessary provision.
Verse 7
If a man be found stealing any of his brethren--(See Exo 21:16).
Verse 8
Take heed in the plague of leprosy--(See Lev 13:14).
Verse 10
When thou dost lend thy brother anything, thou shalt not go into his house to fetch his pledge--The course recommended was, in kind and considerate regard, to spare the borrower's feelings. In the case of a poor man who had pledged his cloak, it was to be restored before night, as the poor in Eastern countries have commonly no other covering for wrapping themselves in when they go to sleep than the garment they have worn during the day.
Verse 14
Thou shalt not oppress an hired servant that is poor and needy--Hired servants in the East are paid at the close of the day; and for a master to defraud the laborer of his hire, or to withhold it wrongfully for a night, might have subjected a poor man with his family to suffering and was therefore an injustice to be avoided (Lev 19:13).
Verse 16
The fathers shall not be put to death for the children--The rule was addressed for the guidance of magistrates, and it established the equitable principle that none should be responsible for the crimes of others.
Verse 19
When thou cuttest down thine harvest in thy field--The grain, pulled up by the roots or cut down with a sickle, was laid in loose sheaves; the fruit of the olive was obtained by striking the branches with long poles; and the grape clusters, severed by a hook, were gathered in the hands of the vintager. Here is a beneficent provision for the poor. Every forgotten sheaf in the harvest-field was to lie; the olive tree was not to be beaten a second time; nor were grapes to be gathered, in order that, in collecting what remained, the hearts of the stranger, the fatherless, and the widow might be gladdened by the bounty of Providence. Next: Deuteronomy Chapter 25
Introduction
INTRODUCTION TO DEUTERONOMY 24 This chapter contains various laws concerning divorces, Deu 24:1; the discharge of a newly married man from war and business, Deu 24:5; about taking pledges, Deu 24:6; man stealing, Deu 24:7; the plague of leprosy, Deu 24:8; and giving servants their hire in due time, Deu 24:14; concerning doing justice in capital cases, and towards the stranger, fatherless, and widow, Deu 24:16; and of charity to the poor, in allowing them the forgotten sheaf, and the gleanings of their oliveyards and vineyards, Deu 24:19.
Verse 1
When a man hath taken a wife and married her,.... That is, when a man has made choice of a woman for his wife, and has obtained her consent, and the consent of her parents; and has not only betrothed her, but taken her home, and consummated the marriage: and it come to pass that she find no favour in his eyes; is not agreeable to him, he takes no delight in her person, nor pleasure in her company and conversation; but, on the contrary, his affections are alienated from her, and he cannot bear the sight of her: because he hath found some uncleanness in her; something that he disliked, and was disagreeable to him, and which made their continuance together in the marriage state very uncomfortable; which led him on to be very ill-natured, severe, and cruel to her; so that her life was exposed to danger, or at least become very uneasy; in which case a divorce was permitted, both for the badness of the man's heart, and in favour of the woman, that she might be freed from such rigorous usage. This word "uncleanness" does not signify adultery, or any of the uncleannesses forbidden in Lev 18:6; because that was punishable with death, when it could be proved; and where there was only a suspicion of it, the husband might make use of the bitter water: though the house of Shammai seem to take it in this sense; for they say a man might not divorce his wife unless he found her in some unclean thing, something dishonest and wicked, and which they ground upon these words; but the house of Hillell say, if she burnt his food, or spoiled it by over salting, or over roasting it; and Akiba says, even if he found another woman more beautiful than her or more agreeable to him. But neither his sense, nor that of the house of Shammai, are approved of by the Jews in general, but that of the house of Hillell (m); and they suppose a man might divorce his wife for any ill qualities of mind in her, or for any ill or impudent behaviour of hers; as if her husband saw her go abroad with her head uncovered, and spinning in the streets, and so showing her naked arms to men; or having her garments slit on both sides; or washing in a bath with men, or where men use to wash, and talking with every man, and joking with young men; or her voice is sonorous and noisy; or any disease of body, as the leprosy, and the like; or any blemishes, as warts, are upon her; or any disagreeable smell that might arise from any parts of the body, from sweat, or a stinking breath (n): then let him write her a bill of divorcement; Jarchi says, this is a command upon him to divorce her, because she finds not favour in his eyes; and so the Jews (o) generally understand it, and so they did in the time of Christ, Mat 19:7; whereas it was no more than a permission, for reasons before given. A man might not dismiss his wife by word of mouth, which might be done hastily, in a passion, of which he might soon repent; but by writing, which was to be drawn up in form; and, as the Targum of Jonathan, before the sanhedrim, in a court of judicature, which required time, during which he might think more of it, and either recede from his purpose before the case was finished, or do it upon mature deliberation; and a firm resolution. The Jews say (p) many things of the witnesses before whom it was to be written and sealed, and at what time, and upon what, and with what it was to be written, and who were proper persons to write it or not, in a treatise of theirs, called Gittin, or divorces. In the Hebrew text this bill is called "a bill of cutting off" (q); because the marriage was rescinded, and man and wife were cut off and separated from one another for ever; of the form of such a bill; see Gill on Mat 5:31, and give it in her hand; which was to be done before witnesses, and which is one of the ten things requisite to a divorce (r); though it made no difference whether it was delivered by himself, or by a messenger; or whether to her, or to her deputy, appointed by her before witnesses; or whether it was put into her hand, or in her bosom, so be it that she was but possessed of it; with which agrees the Jewish canon,"if he casts a bill to his wife, and she is within the house, or within the court, she is divorced; if he casts it into her bosom, or into her work basket, she is divorced (s):" and send her out of his house; which was a visible token and public declaration of her divorce; besides, were she to be continued in his house afterwards, it would give suspicion of cohabitation, which after a divorce was not lawful. (m) Misn. Gittin, c. 9. sect. 10. & Maimon. & Bartenora in ib. (n) T. Bab. Gittin, fol. 90. 1. 2. Misn. Cetubot, c. 7. sect. 6, 7. & Maimon. & Bartenora in ib. (o) T. Bab. Gittin, ut supra. (n)) (p) Misn. Gittin, c. 2. sect. 2, 3, 4, 5. (q) "libellum excidii", Montanus, Fagius; "succisionis", Munster; "abscissionis", Tigurine version. (r) See Ainsworth in loc. (s) Misn. Gittin, c. 8. sect. 1.
Verse 2
And when she is departed out of his house,.... With her bill of divorce, by which departure out of his house it is notified to all: she may go and be other man's wife; it was permitted her to marry another man, she being by her divorce freed from the law of her former husband; and who indeed, in express words contained in the divorce, gave her leave so to do; which ran thus,"thou art in thine own hand, and hast power over thyself to go and marry any other man whom thou pleasest; and let no man hinder thee in my name, from this day forward and for ever; and, lo, thou art free to any man;''See Gill on Mat 5:31.
Verse 3
And if the latter husband hate her,.... Or less loves her than another woman, and she is disliked by him as she was by her former husband: and write her a bill off divorcement, and giveth it into her hand, and sendeth her out of his house: as he had by this law a permission, in like manner as her former husband had; See Gill on Deu 24:1, or if her latter husband die, which took her to be his wife; and she survives him; as she is then by death loosed from the law of an husband, she may lawfully marry another man, but not her former husband, as follows.
Verse 4
Her former husband which sent her away may not take her again to be his wife,.... Though ever so desirous of it, and having heartily repented that he had put her away: this is the punishment of his fickleness and inconstancy, and was ordered to make men cautious how they put away their wives; since when they had so done, and they had been married to another, they could not enjoy them again even on the death of the second husband; yea, though she was only espoused to him, and he had never lain with her, as Ben Melech observes, it was forbidden the former husband to marry her; though if she had only played the whore, according to the same writer, and others (a), she might return to him: after that she is defiled; not by whoredom, for in that case she was not forbidden, as it is interpreted, but by her being married to another man; when she was defiled, not by him, or with respect to him, nor with regard to any other man, whom she might lawfully marry after the decease of her latter husband; but with respect to her first husband, being by her divorce from him, and by her marriage to another, entirely alienated and separated from him, and so prohibited to him; and thus R. Joseph Kimchi interprets this defilement of prohibition, things prohibited being reckoned unclean, or not lawful to be used: for that is abomination before the Lord; for a man to take his wife again, after she had been divorced by him, and married to another man; and yet, such is the grace and goodness of God to his backsliding people, that he receives them when they return unto him their first husband, and forsake other lovers, Jer 3:1, and thou shalt not cause the land to sin which the Lord thy God giveth thee for an inheritance; since if this was allowed, that men might put away their wives, and take them again at pleasure, and change them as often as they thought fit, no order could be observed, and the utmost confusion in families introduced, and lewdness encouraged, and which would subject the land and the inhabitants of it to many evils and calamities, as the just punishment thereof. (a) Maimon. & Bartenora in Misn. Sotah, c. 2. sect. 6.
Verse 5
When a man hath taken a new wife,.... A wife he has lately married, new to him, though a widow, as Jarchi observes; but the Targum of Jonathan says a virgin; however this is opposed to his old wife, and divorced; for this, as Jarchi and Ben Melech say, excepts the return of a divorced wife, who cannot be said to be a new one: he shall not go out to war; this is to be understood of a man that had not only betrothed, but married a wife; a man that had betrothed a wife, and not married her, who went out to war, might return if he would, Deu 20:7; but one that had married a wife was not to go out to war: neither shall be charged with any business; as betrothed ones were; they, though they had a liberty of returning, yet they were to provide food and drink for the army, and to prepare or mend the highways, as Jarchi observes; but these were not obliged to such things, nor even to keep watch on the walls of the city, or to pay taxes, as Maimonides (b) writes: but he shall be free at home one year; not only from all tributes and taxes, and everything relative to the affairs of war, but from public offices and employments, which might occasion absence from home. Jarchi remarks, that his house or home comprehends his vineyard; and so he thinks that this respects his house and his vineyard, that if he had built a house and dedicated it, or planted a vineyard and made it common, yet was not to remove from his house because of the necessities of war: and shall cheer up his wife which he hath taken; or rejoice with his wife which he hath taken, and solace themselves with love; and thereby not only endear himself to her, but settle his affections on her, and be so confirmed in conjugal love, that hereafter no jealousies may arise, or any cause of divorce, which this law seems to be made to guard against. So it is said (c), that Alexander after the battle of Granicus sent home to Macedonia his newly married soldiers, to winter with their wives, and return at spring; which his master Aristotle had taught him, and as he was taught by a Jew. (b) Hilchot Melachim, c. 7. sect. 10, 11. (c) Arrian. Expedit Alex. l. 1.
Verse 6
No man shall take the nether or the upper millstone to pledge,.... The first word being of the dual number takes in both stones, wherefore Vatablus renders the words,"ye shall not take for a pledge both the millstones, nor indeed the uppermost;''which is the least; so far should they be from taking both, that they were not allowed to take the uppermost, which was the shortest, meanest, and lightest; and indeed if anyone of them was taken, the other became useless, so that neither was to be taken: for he taketh a man's life to pledge; or with which his life is supported, and the life of his family; for if he has corn to supply them with, yet if his mill or millstones are pawned, he cannot grind his corn, and so he and his family must starve: and in those times and countries they did, as the Arabs do to this day, as Dr. Shaw (d) relates,"most families grind their wheat and barley at home, having two portable millstones for that purpose; the uppermost whereof is turned round by a small handle of wood or iron, that is placed in the rim;''and these millstones being portable, might be the more easily taken for pledges, which is here forbidden, for the above reason; and this takes in any other thing whatever, on which a man's living depends, or by which he gets his bread (e). (d) Travels, p. 231. Edit. 2. (e) Misn. Bava Metzia, c. 9. sect. 13.
Verse 7
If a man be found stealing any of his brethren of the children of Israel,.... Whether grown up or little, male or female, an Israelite or a proselyte, or a freed servant; all, as Maimonides (f) says, are included in this general word "brethren"; though Aben Ezra observes, that it is added, "of the children of Israel", for explanation, since an Edomite is called a "brother". Now, a man must be "found" committing this fact; that is, it must plainly appear, there must be full proof of it by witnesses, as Jarchi explains this word: and maketh merchandise of him; or rather uses him as a servant, and employs him in any service to the least profit and advantage by him, even to the value of a farthing; yea, if he does but lean upon him, and he supports him, though he is an old man that is stolen; this is serving a man's self by him, as Maimonides (g), which is what is forbidden as distinct from selling him, as follows: or selleth him: to others; and both these, according to the above writer (h), using him for service, and selling him, are necessary to make him guilty of death; not the one without the other; but reading them disjunctively, as we do, gives the better sense of the words: then that thief shall die; by strangling with a napkin, as the Targum of Jonathan; and so Maimonides (i) says, his death is by strangling: and thou shall put evil away from among you; both him that does evil, as the Targum of Jonathan, and the guilt of it by inflicting due punishment for it; and so deter from such practices, and prevent evil coming upon the body of the people, should such a sin be connived at; see Exo 21:16. (f) Hichot Genibah, c. 9. sect. 6. (g) Ib. sect. 2. (h) Ib. sect. 3. (i) Hilchot Genibah, c. 9. sect. 1. So R. Sol. Urbin. Ohel Moed, fol. 67. 1. interprets it of service.
Verse 8
Take heed, in the plague of leprosy,.... Whether in the bodies of men, or in houses, or in garments, not to hide and conceal it; or, as Jarchi, weaken the signs of it, or cut out the bright spot; so the Targum of Jonathan: that thou observe diligently, and do according to all the priests the Levites shall teach you: according to the laws and rules given in such cases, whether they order to shut up persons, houses, or clothes, or pronounce unclean or clean; in all things they were to do as they directed, which appeared to be agreeably to the said rules; for the judgment, management, and ordering of these things, belonged to the priests: of which see Lev 13:1, as I commanded them, so shall ye observe to do: which shows the they were not to comply with their orders, and conform to them, any further than they agreed with the commands of God, and the instructions he had given them in the places referred to.
Verse 9
Remember what the Lord thy God did unto Miriam,.... Who was stricken with leprosy for speaking against Moses, and was shut up seven days; and they are reminded of this instance, partly to warn them against entertaining evil suspicions, and surmises of persons in power and authority, and speaking evil of them; and partly to expect that punishment would certainly be inflicted on them, should they be guilty of the same crime; nor should they think it hard, either to be smitten with leprosy, or to be shut up for it; since Miriam, a prophetess, and the sister of Moses, was so used; and that when by the way, after that ye were come out of Egypt: when upon their journey, and were retarded in it, and obliged to stay at least seven days before they could proceed on in it; see Num 12:14.
Verse 10
When thou dost lend thy brother anything,.... Any sum of money he stands in need of, or demanded a debt of him, as Jarchi; money he is indebted to thee, which is the sense of the Septuagint version; and he is not able to pay it, but offers something: in pawn till he can pay it: thou shall not go into his house to fetch his pledge; which would be an exercise of too much power and authority, to go into a neighbour's house, and take what was liked; and besides, as no doubt he would take the best, so he might take that which the poor man could not spare: and indeed, according to the Jewish canons (k), he could not take any pledge at all, but with the knowledge, and by the leave, of the sanhedrim, or court of judicature. (k) Misn. Bava Metzia, c. 9. sect. 13.
Verse 11
Thou shall stand abroad,.... Without doors, in the street, as the Targum of Jonathan, while the borrower or debtor looks out, and brings forth what he can best spare as a pledge: and the man to whom thou dost lend shall bring out the pledge abroad unto thee; now as, on the one hand, if the lender or creditor had been allowed to go in and take what he pleased for a pledge, he would choose the best; so, on the other hand, the borrower or debtor would be apt to bring the worst, what was of the least value and use; wherefore the Jews made it a rule that it should be of a middling sort, between both, lest it should be a discouragement and hinderance to lend upon pledges (l). (l) Misn. Gittin, c. 5. sect. 1. Maimon. & Bartenora in ib.
Verse 12
And if the man be poor,.... Which may be thought to be the case of everyone that gives pledges for a debt he owes, or a sum of money he borrows; yet there might be a difference: some might be so very destitute of goods and raiment in their houses, that whatever they parted with was distressing to them, and they could not well do without it: thou shalt not sleep with his pledge; nor keep it a night; but deliver it to him, before he went to bed, and laid himself down to sleep.
Verse 13
In any case thou shalt deliver him the pledge again, when the sun goeth down,.... If it was a night covering, as Jarchi remarks; but if it was his day clothes, he was to return it in the morning, when the sun arose; and this was to be done every day, which resist occasion a great deal of trouble, and the pledge of little use; so that it seems as though they might as well be without it as have it, and lend freely; but the Jews say, that there was an advantage by it; for it is said in answer to such a question,"of what profit is the pledge? by this means the debt is not released on the seventh year, (when all other debts were released, Deu 15:1) nor could the borrower dispose of his goods to his children, but payment was made from the pledge after his death (m):''now this delivery of the pledge at sun setting was ordered: that he may sleep in his own raiment; have his night covering to sleep in, his pillow, and bolster, and bedding to lie on, and bed clothes to cover him; and indeed the clothes they wore were made in such form, as would serve for covering to sleep in at night, as well as to wear in the day; and such is the clothing of the Arabs now, which they call "hykes"."The usual size of them (Dr. Shaw says (n)), is six yards long, and five or six feet broad, serving the Arab for a complete dress in the day; and as they "sleep in their raiment", it serves likewise for his bed and covering by night:" and bless thee: for using him so mercifully and kindly, as to return him his pledge, which is so necessary to his comfortable repose in the night; and not only will he praise him, and speak well of him for it, and give him thanks; but will pray to God to bless him in soul, body, and estate, for such kindness shown him: and it shall be righteousness unto thee before the Lord thy God; not his justifying righteousness before God, for by the deeds of the law shall no flesh living be justified in his sight; but it shall be owned and approved of as a good and righteous action, and answerable to the intention of this law, which is, that mercy should be shown to persons in distress; in which sense the word "righteousness" is sometimes used, even for a merciful action, Psa 112:9; so alms is called "righteousness", Mat 6:1, in some copies. (m) Maimon Hilchot Milvah Velovah, c. 3. sect. 5. (n) Travels, p. 224. Ed. 2.
Verse 14
Thou shall not oppress an hired servant,.... That is hired by the day, as appears by Deu 24:15; though the law may include such as are hired by the week, or month, or year; neither of whom are to be oppressed by any means, and chiefly by detaining their wages; so the Jerusalem Targum explains the phrase,"ye shall not detain by force the hire of the hired servant;''nor by fraud, as in Jam 5:4, that is poor and needy; and so cannot bear the lest oppression of this kind, nor to have his wages detained from him any time, and much less wholly to be defrauded of them: whether he be of thy brethren; an Israelite, and so a brother both by nation and religion: or of thy strangers that are in thy land, within thy gates; Jarchi interprets this, both of proselytes of righteousness, and of proselytes of the gate; which latter are plainly described by this clause, and the former must be included; for, if proselytes of the gate are not to be oppressed, much less proselytes of righteousness, who were in all respects as Israelites, the same law was to them both. Jarchi says, the phrase "in thy land" is intended to comprehend the hire of beasts, and of vessels; and these in the Misnah (o) are said to be comprehended in this precept, as well as the hire of man. (o) Bava Metzia, c. 9. sect. 12.
Verse 15
At his day thou shalt give him his hire,.... At the close of the day, when his work is done, the hire agreed for must be paid him; and, by the same rule, all such that were hired by the week, month, or year, were to have their wages paid them at the day their time was up: neither shall the sun go down upon it; it was to be paid before sun setting, or at it; see Lev 19:13, for he is poor, and setteth his heart upon it; being poor, he cannot wait any longer for the payment of it; his personal and family wants are such as require immediate payment; and besides, he has been eagerly expecting it, and earnestly desiring it, that he may satisfy the craving necessities of himself and family; and therefore it would be a great balk and disappointment to him to have his wages detained: lest he cry against thee to the Lord; having none to apply unto but him, who is the patron of the poor and needy, not being able to help himself, nor having interest in any to interpose on his behalf; and his cry, and the cry of his hire too, enter into the ears of the Lord of hosts, and is regarded by him, Jam 5:4, and it be sin unto thee: be imputed to him, the guilt charged on him, and punishment inflicted for it.
Verse 16
The fathers shall not be put to death for the children,.... By the civil magistrates, for sins committed by them of a capital nature, and which are worthy of death: neither shall the children be put to death for the fathers; for sins committed by them that deserve it: every man shall be put to death for his own sin: which is but just and reasonable; see Eze 18:4; which is no contradiction to Exo 20:5; that respects what God himself would do, this what Israel, or the civil magistrates in it, should do; this is a command on Israel, as Aben Ezra observes; that the declaration of the sovereign Being, who is not bound by any law. Jarchi interprets these words differently, as that the one should not be put to death by the testimony of the other; and it is a rule with the Jews,"that an oath of witness is taken of men, and not of women; of those that are not akin, and not of those that are nearly related (p):''on which one of the commentators observes (q) that such that are near akin are not fit to bear testimony, because it is written, "the father shall not be put to death for the children"; that is, for the testimony of the children. Jarchi indeed mentions the other sense, for the sins of the children, which has been given, and is undoubtedly the true sense of the text. The Targum of Jonathan gives both;"fathers should not be put to death, neither by the testimony, nor for the sins of the children; and children shall not be put to death, neither by the testimony, nor for the sins of fathers; but every man shall be put to death for his own sin by proper witnesses.'' (p) Misn. Shebuot, c. 4. sect. 1. (q) Bartenora in ib.
Verse 17
Thou shalt not pervert the judgment of the stranger, nor of the fatherless,.... Who are unable to defend themselves, and have but few, if any, to take their part; and therefore particular care should be taken by judges and civil magistrates to do them justice, or God will require it of them: nor take a widow's raiment to pledge; nor anything else, as her ox or cow, Job 24:3; according to the Jewish canons (r), of a widow, whether she is poor or rich, a pledge is not taken; the reason given for which is, that it would raise an ill suspicion, and cause an evil report of her among her neighbours (s); and which is suggested by the Targum of Jonathan"neither shall any of you take for a pledge the raiment of a widow, lest wicked neighbours should arise, and bring an evil report upon her, when ye return the pledge unto her.''But no doubt a poor widow is meant, and the design of the law is mercy to her, and that she might not be distressed by taking that from her she needed. (r) Misn. Bava Metzia, c. 9. sect. 13. (s) Maimon. & Bartenora in Misn. Bava Metzia, c. 9. sect. 13.
Verse 18
But thou shalt remember that thou wast a bondman in Egypt,.... The remembrance of which may cause sympathy with persons in distress; particularly the stranger, the fatherless, and the widow: and the Lord thy God redeemed thee thence; the Targum of Jonathan,"the Word of the Lord thy God;''which, as it was an act of great kindness and mercy in God to them, taught them, and laid them under obligation to show favour to their fellow creatures in distress: therefore I command thee to do this thing: not to pervert the judgment of the stranger and fatherless, nor take a widow's raiment for a pledge; and it may be carried further into the context, and respect the laws about the pledge of the poor man, and giving the hired servant his wages in due time.
Verse 19
When thou cuttest down thine harvest in thy field,.... Whether barley harvest or wheat harvest, when either of them are ripe for cutting, mowing, or reaping, and are cutting down: and hast forgot a sheaf in the field; Jarchi says the phrase "in the field" is to include standing corn, some of which is forgotten in cutting down, and so is subject to this law as well as a sheaf; and a sheaf claimed by this name is one that is forgotten both by the workman and the owner; if by the one and not by the other, it could not be so called. The canon runs thus (t),"a sheaf which the workmen forget, and not the owner, or the owner forgets, and not the workman, before which the poor stand, or is covered with straw or stubble, is not a forgotten sheaf.''And about this they have various other rules;"a sheaf that is near the gate (of a field), or to an heap (of sheaves), or to oxen, or to instruments, and left, the house of Shammai say it is not to be reckoned a forgotten sheaf; but the house of Hillell say it is;--two sheaves are reckoned forgotten, three are not; a sheaf in which there are two seahs (about a peck and a half), and they leave it, it is not reckoned forgotten (u):" thou shall not go again to fetch it; which supposes a remembrance of it, or some intelligence about it when at home, and after the field has been cleared, and all carried in but this sheaf; then the owner might not go nor send to fetch it: the beginnings of the rows, they say, show when a sheaf is forgotten, or not; particularly the adverse sheaf, or that over against it, shows it (w); so Jarchi: it shall be for the stranger; or proselyte; the proselyte of righteousness; of this there is no doubt, but it seems to be for the proselyte of the gate also: for the fatherless and for the widow; which of them soever should first find it: that the Lord thy God may bless thee in all the work of thine hands; in the culture of their ground the next year, and give them large and fruitful crops; they either purposely leaving the sheaf for the poor, or however suffer them to take it unmolested when found by them. The Targum of Jonathan is, "that the word of the Lord thy God may bless thee", &c. (t) Misn. Peah, c. 5. sect. 7. (u) Misn. Peah, c. 6. sect. 2, 5, 6. (w) Ib. sect. 3, 4.
Verse 20
When thou beatest thine olive tree,.... With sticks and staves, to get off the olives when ripe: thou shall not go over the boughs again; to beat off some few that may remain; they were not nicely to examine the boughs over again, whether there were any left or not: it shall be for the stranger, for the fatherless, and for the widow; who might come into their oliveyards after the trees had been beaten, and gather what were left.
Verse 21
When thou gatherest the grapes of thy vineyard,.... Which was done much about the same time that the olives were gathered, and both after wheat harvest, about the latter end of June, or beginning of July; for they were more forward in those hot countries: thou shall not glean it afterwards; go over the vines a second time, to pick off every berry or bunch that escaped them at first gathering: it shall be for the stranger, for the fatherless, and for the widow; as the forgotten sheaf, and the olive berries left; these are all supposed to be poor persons, otherwise no doubt there were strangers, and fatherless persons, and widows, in good circumstances; who, as they needed not, so neither would give themselves the trouble, but think it beneath them to go into fields, oliveyards, and vineyards, to gather what was left by the owners. These laws were made in favour of the poor, that mercy and kindness might be showed to them, and that they might have a taste of all the fruits of the earth.
Verse 22
And thou shalt remember that thou wast a bondman in the land of Egypt,.... When they would have been glad to have enjoyed the like favours, as small as they might seem to be, even to glean in their fields, vineyards, and oliveyards: therefore I command thee to do this thing; to suffer the poor to take the forgotten sheaf, and to come into their oliveyards and vineyards, and gather what olives and grapes remained after the first beating of the one, and the ingathering of the other. Next: Deuteronomy Chapter 25
Verse 1
Deu 24:1-5 contain two laws concerning the relation of a man to his wife. The first (Deu 24:1-4) has reference to divorce. In these verses, however, divorce is not established as a right; all that is done is, that in case of a divorce a reunion with the divorced wife is forbidden, if in the meantime she had married another man, even though the second husband had also put her away, or had died. The four verses form a period, in which Deu 24:1-3 are the clauses of the protasis, which describe the matter treated about; and Deu 24:4 contains the apodosis, with the law concerning the point in question. If a man married a wife, and he put her away with a letter of divorce, because she did not please him any longer, and the divorced woman married another man, and he either put her away in the same manner or died, the first husband could not take her as his wife again. The putting away (divorce) of a wife with a letter of divorce, which the husband gave to the wife whom he put away, is assumed as a custom founded upon tradition. This tradition left the question of divorce entirely at the will of the husband: "if the wife does not find favour in his eyes (i.e., does not please him), because he has found in her something shameful" (Deu 23:15). ערוה, nakedness, shame, disgrace (Isa 20:4; Sa1 20:30); in connection with דּבר, the shame of a thing, i.e., a shameful thing (lxx ἄσχημον πρᾶγμα; Vulg. aliquam faetiditatem). The meaning of this expression as a ground of divorce was disputed even among the Rabbins. Hillel's school interpret it in the widest and most lax manner possible, according to the explanation of the Pharisees in Mat 19:3, "for every cause." They no doubt followed the rendering of Onkelos, פתגם עבירת, the transgression of a thing; but this is contrary to the use of the word ערוה, to which the interpretation given by Shammai adhered more strictly. His explanation of דּבר ערות is "rem impudicam, libidinem, lasciviam, impudicitiam." Adultery, to which some of the Rabbins would restrict the expression, is certainly not to be thought of, because this was to be punished with death. (Note: For the different views of the Rabbins upon this subject, see Mishnah tract. Gittin ix. 10; Buxtorf, de sponsal. et divort. pp. 88ff.; Selden, uxor ebr. l. iii. c. 18 and 20; and Lightfoot, horae ebr. et talm. ad Matth. v. 31f.) כּריתת ספר, βιβλίον ἀποστασίου, a letter of divorce; כּריתת, hewing off, cutting off, sc., from the man, with whom the wife was to be one flesh (Gen 2:24). The custom of giving letters of divorce was probably adopted by the Israelites in Egypt, where the practice of writing had already found its way into all the relations of life. (Note: The rabbinical rules on the grounds of divorce and the letter of divorce, according to Maimonides, have been collected by Surenhusius, ad Mishn. tr. Gittin, c. 1 (T. iii. pp. 322f. of the Mishnah of Sur.), where different specimens of letters of divorce are given; the latter also in Lightfoot, l.c.) The law that the first husband could not take his divorced wife back again, if she had married another husband in the meantime, even supposing that the second husband was dead, would necessarily put a check upon frivolous divorces. Moses could not entirely abolish the traditional custom, if only "because of the hardness of the people's hearts" (Mat 19:8). The thought, therefore, of the impossibility of reunion with the first husband, after the wife had contracted a second marriage, would put some restraint upon a frivolous rupture of the marriage tie: it would have this effect, that whilst, on the one hand, the man would reflect when inducements to divorce his wife presented themselves, and would recall a rash act if it had been performed, before the wife he had put away had married another husband; on the other hand, the wife would yield more readily to the will of her husband, and seek to avoid furnishing him with an inducement for divorce. But this effect would be still more readily produced by the reason assigned by Moses, namely, that the divorced woman was defiled (הטּמּאה, Hothpael, as in Num 1:47) by her marriage with a second husband. The second marriage of a woman who had been divorced is designated by Moses a defilement of the woman, primarily no doubt with reference to the fact that the emissio seminis in sexual intercourse rendered unclean, though not merely in the sense of such a defilement as was removed in the evening by simple washing, but as a moral defilement, i.e., blemishing, desecration of the sexual communion with was sanctified by marriage, in the same sense in which adultery is called a defilement in Lev 18:20 and Num 5:13-14. Thus the second marriage of a divorced woman was placed implicite upon a par with adultery, and some approach made towards the teaching of Christ concerning marriage: "Whosoever shall marry her that is divorced, committeth adultery" (Mat 5:32). - But if the second marriage of a divorced woman was a moral defilement, of course the wife could not marry the first again even after the death of her second husband, not only because such a reunion would lower the dignity of the woman, and the woman would appear too much like property, which could be disposed of at one time and reclaimed at another (Schultz), but because the defilement of the wife would be thereby repeated, and even increased, as the moral defilement which the divorced wife acquired through the second marriage was not removed by a divorce from the second husband, nor yet by his death. Such defilement was an abomination before Jehovah, by which they would cause the land to sin, i.e., stain it with sin, as much as by the sins of incest and unnatural licentiousness (Lev 18:25). Attached to this law, which is intended to prevent a frivolous severance of the marriage tie, there is another in Deu 24:5, which was of a more positive character, and adapted to fortify the marriage bond. The newly married man was not required to perform military service for a whole year; "and there shall not come (anything) upon him with regard to any matter." The meaning of this last clause is to be found in what follows: "Free shall he be for his house for a year," i.e., they shall put no public burdens upon him, that he may devote himself entirely to his newly established domestic relations, and be able to gladden his wife (compare Deu 20:7).
Verse 6
Various Prohibitions. - Deu 24:6. "No man shall take in pledge the handmill and millstone, for he (who does this) is pawning life." רחים, the handmill; רכב, lit., the runner, i.e., the upper millstone. Neither the whole mill nor the upper millstone was to be asked for as a pledge, by which the mill would be rendered useless, since the handmill was indispensable for preparing the daily food for the house; so that whoever took them away injured life itself, by withdrawing what was indispensable to the preservation of life. The mill is mentioned as one specimen of articles of this kind, like the clothing in Exo 22:25-26, which served the poor man as bed-clothes also. Breaches of this commandment are reproved in Amo 2:8; Job 22:6; Pro 20:16; Pro 22:27; Pro 27:13. Deu 24:7-9 Repetition of the law against man-stealing (Exo 21:16). - Deu 24:8, Deu 24:9. The command, "Take heed by the plague of leprosy to observe diligently and to do according to all that the priests teach thee," etc., does not mean, that when they saw signs of leprosy they were to be upon their guard, to observe everything that the priests directed them, as Knobel and many others suppose. For, in the first place, the reference to the punishment of Miriam with leprosy is by no means appropriate to such a thought as this, since Miriam did not act in opposition to the priests after she had been smitten with leprosy, but brought leprosy upon herself as a punishment, by her rebellion against Moses (Num 12:10.). And in the second place, this view cannot be reconciled with בּנגע השּׁמר, since השּׁמר with בּ, either to be upon one's guard against (before) anything (Sa2 20:10), or when taken in connection with בּנפשׁ, to beware by the soul, i.e., for the sake of the worth of the soul (Jer 17:21). The thought here, therefore, is, "Be on thy guard because of the plague of leprosy," i.e., that thou dost not get it, have to bear it, as the reward for thy rebellion against what the priests teach according to the commandment of the Lord. "Watch diligently, that thou do not incur the plague of leprosy" (Vulgate); or, "that thou do not sin, so as to be punished with leprosy" (J. H. Michaelis).
Verse 10
Warning against oppressing the Poor. - Deu 24:10, Deu 24:11. If a loan of any kind was lent to a neighbour, the lender was not to go into his house to pledge (take) a pledge, but was to let the borrower bring the pledge out. The meaning is, that they were to leave it to the borrower to give a pledge, and not compel him to give up something as a pledge that might be indispensable to him.
Verse 12
And if the man was in distress (עני), the lender was not to lie (sleep) upon his pledge, since the poor man had very often nothing but his upper garment, in which he slept, to give as a pledge. This was to be returned to him in the evening. (A repetition of Exo 22:25-26.) On the expression, "It shall be righteousness unto thee," see Deu 6:25.
Verse 14
They were not to oppress a poor and distressed labourer, by withholding his wages. This command is repeated here from Lev 19:13, with special reference to the distress of the poor man. "And to it (his wages) he lifts up his soul:" i.e., he feels a longing for it. "Lifts up his soul:" as in Psa 24:4; Hos 4:8; Jer 22:27. On Deu 24:15, see Deu 15:9 and Jam 5:4.
Verse 16
Warning against Injustice. - Deu 24:16. Fathers were not to be put to death upon (along with) their sons, nor sons upon (along with) their fathers, i.e., they were not to suffer the punishment of death with them for crimes in which they had no share; but every one was to be punished simply for his own sin. This command was important, to prevent an unwarrantable and abusive application of the law which is manifest in the movements of divine justice to the criminal jurisprudence of the lane (Exo 20:5), since it was a common thing among the heathen nations - e.g., the Persians, Macedonians, and others - for the children and families of criminals to be also put to death (cf. Est 9:13-14; Herod. iii. 19; Ammian Marcell. xxiii. 6; Curtius, vi. 11, 20, etc.). An example of the carrying out of this law is to be found in Kg2 14:6; Ch2 25:4. In Deu 24:17, Deu 24:18, the law against perverting the right of strangers, orphans, and widows, is repeated from Exo 22:20-21, and Exo 23:9; and an addition is made, namely, that they were not to take a widow's raiment in pledge (cf. Lev 19:33-34).
Verse 19
Directions to allow strangers, widows, and orphans to glean in time of harvest (as in Lev 19:9-10, and Lev 23:22). The reason is given in Deu 24:22, viz., the same as in Deu 24:18 and Deu 15:15.
Introduction
In this chapter we have, I. The toleration of divorce (Deu 24:1-4). II. A discharge of new-married men from the war (Deu 24:5). III. Laws concerning pledges (Deu 24:6, Deu 24:10-13, Deu 24:17). IV. Against man-stealing (Deu 24:7). V. Concerning the leprosy (Deu 24:8, Deu 24:9). VI. Against the injustice of masters towards their servants (Deu 24:14, Deu 24:15). Judges in capital causes (Deu 24:16), and civil concerns (Deu 24:17, Deu 24:18). VII. Of charity to the poor (Deu 24:19, etc.).
Verse 1
This is that permission which the Pharisees erroneously referred to as a precept, Mat 19:7, Moses commanded to give a writing of divorcement. It was not so; our Saviour told them that he only suffered it because of the hardness of their hearts, lest, if they had not had liberty to divorce their wives, they should have ruled them with rigour, and it may be, have been the death of them. It is probable that divorces were in use before (they are taken for granted, Lev 21:14), and Moses thought it needful here to give some rules concerning them. 1. That a man might not divorce his wife unless he found some uncleanness in her, Deu 24:1. It was not sufficient to say that he did not like her, or that he liked another better, but he must show cause for his dislike; something that made her disagreeable and unpleasant to him, though it might not make her so to another. This uncleanness must mean something less than adultery; for, for that, she was to die; and less than the suspicion of it, for in that case he might give her the waters of jealousy; but it means either a light carriage, or a cross froward disposition, or some loathsome sore or disease; nay, some of the Jewish writers suppose that an offensive breath might be a just ground for divorce. Whatever is meant by it, doubtless it was something considerable; so that their modern doctors erred who allowed divorce for every cause, though ever so trivial, Mat 19:3. 2. That it must be done, not by word of mouth, for that might be spoken hastily, but by writing, and that put in due form, and solemnly declared, before witnesses, to be his own act and deed, which was a work of time, and left room for consideration, that it might not be done rashly. 3. That the husband must give it into the hand of his wife, and send her away, which some think obliged him to endow her and make provision for her, according to her quality and such as might help to marry her again; and good reason he should do this, since the cause of quarrel was not her fault, but her infelicity. 4. That being divorced it was lawful for her to marry another husband, Deu 24:2. The divorce had dissolved the bond of marriage as effectually as death could dissolve it; so that she was as free to marry again as if her first husband had been naturally dead. 5. That if her second husband died, or divorced her, then still she might marry a third, but her first husband should never take her again (Deu 24:3, Deu 24:4), which he might have done if she had not married another; for by that act of her own she had perfectly renounced him for ever, and, as to him was looked upon as defiled, though not as to another person. The Jewish writers say that this was to prevent a most vile and wicked practice which the Egyptians had of changing wives; or perhaps it was intended to prevent men's rashness in putting away their wives; for the wife that was divorced would be apt, in revenge, to marry another immediately, and perhaps the husband that divorced her, how much soever he though to better himself by another choice, would find the next worse, and something in her more disagreeable, so that he would wish for his first wife again. "No" (says this law) "you shall not have her, you should have kept her when you had her." Note, It is best to be content with such things as we have, since changes made by discontent often prove for the worse. The uneasiness we know is commonly better, though we are apt to think it worse, than that which we do not know. By the strictness of this law God illustrates the riches of his grace in his willingness to be reconciled to his people that had gone a whoring from him. Jer 3:1, Thou hast played the harlot with many lovers, yet return again to me. For his thoughts and ways are above ours.
Verse 5
Here is, I. Provision made for the preservation and confirmation of love between new-married people, Deu 24:5. This fitly follows upon the laws concerning divorce, which would be prevented if their affection to each other were well settled at first. If the husband were much abroad from his wife the first year, his love to her would be in danger of cooling, and of being drawn aside to others whom he would meet with abroad; therefore his service to his country in war, embassies, or other public business that would call him from home, shall be dispensed with, that he may cheer up the wife that he has taken. Note, 1. It is of great consequence that love be kept up between husband and wife, and that every thing be very carefully avoided which might make them strange one to another, especially at first; for in that relation, where there is not the love that should be, there is an inlet ready to abundance of guilt and grief. 2. One of the duties of that relation is to cheer up one another under the cares and crosses that happen, as helpers of each other's joy; for a cheerful heart does good like a medicine. II. A law against man-stealing, Deu 24:7. It was not death by the law of Moses to steal cattle or goods; but to steal a child, or a weak and simple man, or one that a man had in his power, and to make merchandize of him, this was a capital crime, and could not be expiated, as other thefts, by restitution - so much is a man better than a sheep, Mat 12:12. It was a very heinous offence, for, 1. It was robbing the public of one of its members. 2. It was taking away a man's liberty, the liberty of a free-born Israelite, which was next in value to his life. 3. It was driving a man out from the inheritance of the land, to the privileges of which he was entitled, and bidding him go serve other gods, as David complains against Saul, Sa1 26:19. III. A memorandum concerning the leprosy, Deu 24:8, Deu 24:9. 1. The laws concerning it must be carefully observed. The laws concerning it we had, Lev 13:14. They are here said to be commanded to the priests and Levites, and therefore are not repeated in a discourse to the people; but the people are here charged, in case of leprosy, to apply to the priest according to the law, and to abide by his judgment, so far as it agreed with the law and the plain matter of fact. The plague of leprosy being usually a particular mark of God's displeasure for sin, he in whom the signs of it did appear ought not to conceal it, nor cut out the signs of it, nor apply to the physician for relief; but he must go to the priest, and follow his directions. Thus those that feel their consciences under guilt and wrath must not cover it, nor endeavour to shake off their convictions, but by repentance, and prayer, and humble confession, take the appointed way to peace and pardon. 2. The particular case of Miriam, who was smitten with leprosy for quarrelling with Moses, must not be forgotten. It was an explication of the law concerning the leprosy. Remember that, and, (1.) "Take heed of sinning after the similitude of her transgression, by despising dominions and speaking evil of dignities, lest you thereby bring upon yourselves the same judgment." (2.) "If any of you be smitten with a leprosy, expect not that the law should be dispensed with, nor think it hard to be shut out of the camp and so made a spectacle; there is no remedy: Miriam herself, though a prophetess and the sister of Moses, was not exempted, but was forced to submit to this severe discipline when she was under this divine rebuke." Thus David, Hezekiah, Peter, and other great men, when they had sinned, humbled themselves, and took to themselves shame and grief; let us not expect to be reconciled upon easier terms. IV. Some necessary orders given about pledges for the security of money lent. They are not forbidden to take such securities as would save the lender from loss, and oblige the borrower to be honest; but, 1. They must not take the millstone for a pledge (Deu 24:6), for with that they ground the corn that was to be bread for their families, or, if it were a public mill, with it the miller got his livelihood; and so it forbids the taking of any thing for a pledge by the want of which a man was in danger of being undone. Consonant to this is the ancient common law of England, which provides that no man be distrained of the utensils or instruments of his trade or profession, as the axe of a carpenter, or the books of a scholar, or beasts belonging to the plough, as long as there are other beasts of which distress may be made (Coke, 1 Inst. fol. 47). This teaches us to consult the comfort and subsistence of others as much as our own advantage. That creditor who cares not though his debtor and his family starve, nor is at all concerned what become of them, so he may but get his money or secure it, goes contrary, not only to the law of Christ, but even to the law of Moses too. 2. They must not go into the borrower's house to fetch the pledge, but must stand without, and he must bring it, Deu 24:10, Deu 24:11. The borrower (says Solomon) is servant to the lender; therefore lest the lender should abuse the advantage he has against him, and improve it for his own interest, it is provided that he shall take not what he pleases, but what the borrower can best spare. A man's house is his castle, even the poor man's house is so, and is here taken under the protection of the law. 3. That a poor man's bed-clothes should never be taken for a pledge, Deu 24:12, Deu 24:13. This we had before, Exo 22:26, Exo 22:27. If they were taken in the morning, they must be brought back again at night, which is in effect to say that they must not be taken at all. "Let the poor debtor sleep in his own raiment, and bless thee," that is, "pray for thee, and praise God for thy kindness to him." Note, Poor debtors ought to be sensible (more sensible than commonly they are) of the goodness of those creditors that do not take all the advantage of the law against them, and to repay their kindnesses by their prayers for them, when they are not in a capacity to repay it in any other way. "Nay, thou shalt not only have the prayers and good wishes of thy poor brother, but it shall be righteousness to thee before the Lord thy God," that is, "It shall be accepted and rewarded as an act of mercy to thy brother and obedience to thy God, and an evidence of thy sincere conformity to the law. Though it may be looked upon by men as an act of weakness to deliver up the securities thou hast for thy debt, yet it shall be looked upon by thy God as an act of goodness, which shall in no wise lose its reward."
Verse 14
Here, I. Masters are commanded to be just to their poor servants, Deu 24:14, Deu 24:15. 1. They must not oppress them, by overloading them with work, by giving them undue and unreasonable rebukes, or by withholding from them proper maintenance. A servant, though a stranger to the commonwealth of Israel, must not be abused: "For thou wast a bondman in the land where thou wast a stranger (Deu 24:18), and thou knowest what a grievous thing it is to be oppressed by a task-master, and therefore, in tenderness to those that are servants and strangers, and in gratitude to that God who set thee at liberty and settled thee in a country of thy own, thou shalt not oppress a servant." Let not masters be tyrants to their servants, for their Master is in heaven. See Job 31:13. 2. They must be faithful and punctual in paying them their wages: "At his day thou shalt give him his hire, not only pay it in time, without further delay. As soon as he had done his day's work, if he desire it, let him have his day's wages," as those labourers (Mat 20:8) when evening had come. he that works by day-wages is supposed to live from hand to mouth, and cannot have tomorrow's bread for his family till be is paid for this day's labour. If the wages be withheld, (1.) It will be grief to the servant, for, poor man, he sets his heart upon it,. or, as the word is, he lifts up his soul to it, he is earnestly desirous of it, as the reward of his work (Job 7:2), and depends upon it as the gift of God's providence for the maintenance of his family. A compassionate master, though it should be somewhat inconvenient to himself, would not disappoint the expectation of a poor servant that was so fond to think of receiving his wages. But that is not the worst. (2.) It will be guilt to the master. "The injured servant will cry against thee to the Lord; since he has no one else to appeal to, he will lodge his appeal in the court of heaven, and it will be sin to thee." Or, if he do not complain, the cause will speak for itself, the "hire of the labourers which is kept back by fraud will itself cry," Jam 5:4. It is a greater sin than most people think it is, and will be found so in the great day, to put hardships upon poor servants, labourers, and workmen, that we employ. God will do them right if men do not. II. Magistrates and judges are commanded to be just in their administrations. 1. In those which we call pleas of the crown a standing rule is here given, that the fathers shall not be put to death for the children, nor the children for the fathers, Deu 24:16. If the children make themselves obnoxious to the law, let them suffer for it, but let not the parents suffer either for them or with them; it is grief enough to them to see their children suffer: if the parents be guilty, let them die for their own sin; but though God, the sovereign Lord of life, sometimes visits the iniquity of the fathers upon the children, especially the sin of idolatry, and when he deals with nations in their national capacity, yet he does not allow men to do so. Accordingly, we find Amaziah sparing the children, even when the fathers were put to death for killing the king, Kg2 14:6. It was in an extraordinary case, and no doubt by special direction from heaven, that Saul's sons were put to death for his offence, and they died rather as sacrifices than as malefactors, Sa2 21:9, Sa2 21:14. 2. In common pleas between party and party, great care must be taken that none whose cause was just should fare the worse for their weakness, nor for their being destitute of friends, as strangers, fatherless, and widows (Deu 24:17): "Thou shalt not pervert their judgment, nor force them to give their very raiment for a pledge, by defrauding them of their right." Judges must be advocates for those that cannot speak for themselves and have no friends to speak for them. III. The rich are commanded to be kind and charitable to the poor. Many ways they are ordered to be so by the law of Moses. The particular instance of charity here prescribed is that they should not be greedy in gathering in their corn, and grapes, and olives, so as to be afraid of leaving any behind them, but be willing to overlook some, and let the poor have the gleanings, v. 19-22. 1. "Say not, 'It is all my own, and why should not I have it?' But learn a generous contempt of property in small matters. One sheaf or two forgotten will make thee never the poorer at the year's end, and it will do somebody good, if thou have it not." 2. "Say not, 'What I give I will give, and know whom I give it to, why should I leave it to be gathered by I know not whom, that will never thank me.' But trust God's providence with the disposal of thy charity, perhaps that will direct it to the most necessitous." Or, "Thou mayest reasonably think it will come to the hands of the most industrious, that are forward to seek and gather that which this law provides for them." 3. "Say not, 'What should the poor do with grapes and olives? It is enough for them to have bread and water;' for, since they have the same senses that the rich have, why should not they have some little share of the delights of sense?" Boaz ordered handfuls of corn to be left on purpose for Ruth, and God blessed him. All that is left is not lost.
Verse 1
24:1 something wrong: This phrase indicates sexual impurity or some other impropriety. It does not pertain to adultery, which would have required the death penalty (22:22). • a document of divorce: This procedure was a concession; initiating a divorce in such cases was optional and not necessarily desirable (see Mal 2:16; Matt 5:31-32; Mark 10:2-12).
Verse 4
24:4 Perhaps the woman is described as defiled because she had two husbands; returning to the first husband would be considered adultery. • guilt upon the land: The concept of community was so strong in ancient Israel that the individual’s identity almost merged with that of the community. The sin of one individual had collective, corporate consequences.
Verse 6
24:6 the owner uses it to make a living (literally it is his life): Without his tool, the owner of the millstone might perish. The law imposed a limit on what could secure a loan. The millstone probably represents any means by which an individual made his living.
Verse 8
24:8 serious skin diseases: Medical science has determined that this does not refer to leprosy (i.e., Hansen’s disease) per se.
Verse 11
24:11 wait outside: Even debtors were to be allowed their dignity and spared unnecessary embarrassment. A creditor was not to invade the debtor’s privacy when collecting from him.
Verse 13
24:13 Return the cloak . . . by sunset: The law was merciful.
Verse 17
24:17 True justice must be given (literally do not deprive of justice): The people of Israel were to vigorously resist discrimination against the weakest and most vulnerable people in society. Israel had been redeemed from such a status in Egypt, and their experience should help them realize how to treat others in similar circumstances (24:18).