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1If there is a controversy between men, and they come to judgment, and the judges judge them; then they shall justify the upright, and condemn the wicked.a 2It shall be, if the wicked man is worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his wickedness, by number.b 3He may sentence him to no more than forty stripes. He shall not give more; lest, if he should give more, and beat him more than that many stripes, then your brother will be degraded in your sight.c 4You shall not muzzle the ox when he treads out the grain.de 5If brothers dwell together, and one of them dies, and has no son, the wife of the dead shall not be married outside to a stranger.f Her husband’s brother shall go in to her, and take her as his wife, and perform the duty of a husband’s brother to her. 6It shall be that the firstborn whom she bears shall succeed in the name of his brother who is dead, that his name not be blotted out of Israel [God prevails].g 7If the man does not want to take his brother’s wife, then his brother’s wife shall go up to the gate to the elders, and say, “My husband’s brother refuses to raise up to his brother a name in Israel [God prevails]. He will not perform the duty of a husband’s brother to me.” 8Then the elders of his city shall call him, and speak to him: and if he stands and says, “I don’t want to take her;”h 9then his brother’s wife shall come to him in the presence of the elders, and loose his shoe from off his foot, and spit in his face. She shall answer and say, “So shall it be done to the man who does not build up his brother’s house.” 10His name shall be called in Israel [God prevails], “The house of him who had his shoe removed.” 11When men strive against each other, and the wife of one draws near to deliver her husband out of the hand of him who strikes him, and puts out her hand, and takes him by his private parts,i 12then you shall cut off her hand.j Your eye shall have no pity.k 13You shall not have in your bag diverse weights, one heavy and one light. 14You shall not have in your house diverse measures, one large and one small. 15You shall have a perfect and just weight. You shall have a perfect and just measure, that your days may be long in the land which Adonai your God gives you. 16For all who do such things, all who deal dishonestly, are an abomination to Adonai your God. (Maftir ·Conclusion·)l 17Remember what Amalek did to you by the way as you came out of Egypt [Abode of slavery]; 18how he met you by the way, and struck the rearmost of you, all who were feeble behind you, when you were faint and weary; and he didn’t fear God.mn 19Therefore it shall be, when Adonai your God has given you rest from all your enemies all around, in the land which Adonai your God gives you for an inheritance to possess it, that you shall blot out the memory of Amalek [Man who licks up] from under the sky. You shall not forget.
Haftarah Ki Tetze ·Taking leave · When You go out·:
Yesha'yahu / Isaiah 54:1-10;
(Messianic adaptation: Start the Haftarah at 52:13)
B'rit Hadashah ·New Covenant·: Luke 23:1-25
Footnotes:
2 aDeut 25:2 (Deut 25:1-3) (#6.425): T. The judge is to whip the wicked in proportion to the offense / R. For the court are to carry out to whipping the wicked person, the wrong-doer
3 bDeut 25:3 (#6.426): T. A judge shall not inflict more than 40 lashes / R. The court must not exceed the prescribed number of lashes Consider: Commentators and Historians propose Judaism understood that 40 lashes was capable of causing death. Other commentators apply the same reasoning to Roman judgment of 40 lashes. / Consider: Judaism, in order to prevent intentional killing under a whipping judgment, has applied this command as “forty minus one” lashes
4 cDeut 25:4 (#8.545): T. Not to muzzle an animal while threshing grain / R. Not to muzzle an ox while plowing R. Note: Not to steal by withholding the rightful or appropriate compensation
4 dQuoted in 1 Cor 9:9; 1 Tim 5:18
5 eDeut 25:5 (#7.480): T. The widow whose husband has died and remains childless shall only marry her deceased husband’s brother / R. The widow must not remarry until the ties with her brother-in-law are removed T. Example: Ruth [Friend] had to be released from the nameless first kinsman before Boaz [In majesty, in strength], the second kinsman, was able to act as go'el ·redeemer / kinsman· to Ruth (Ruth 4:4-10)
5 fDeut 25:5 (#7.481): T. The brother-in-law is to marry the widow of his brother, should he die and his brother is childless / R. To preform yavam ·brother-in-law’s duty· T. Note: In Hebrew, the brother-in-law is called the yavam ·husband’s brother·, the widow is called the yevamah yevamah ·(deceased) husband’s wife·, thus the arrangement is called yavam ·brother-in-law’s duty·
6 gQuoted in Matt 22:24; Mark 12:19; Luke 20:28
9 hDeut 25:9 (Deut 25:7-10) (#7.482): T. For the widow to be formally released to marry anyone she will if the brother-in-law refuses to marry her / R. To do chalitzah ·the ceremony freeing a widow from the brother-in-law’s duty to marry her·. This arrangement is called yavam ·brother-in-law’s duty· T. Directive: The brother-in-law is to appear before the elders of the town and confess he refuses to marry his deceased brother’s wife
12 iDeut 25:12 (Deut 25:11-12) (#6.427): T. “When men strive together one with another, and the wife of the one draws near to deliver her husband out of the hand of him who strikes him, and puts forth her hand grabbing him by the private parts; (v11) then you shall cut off her hand, your eye shall have no pity” (v12) / R. To save the life of the one being pursued, even if it requires taking the life of the pursuer Consider: Many people who compile Torah ·Teaching· commands agree on this interpretation, unique from the direct reading of the text
12 jDeut 25:12 (#6.428): T. “When men strive together one with another, and the wife of the one draws near to deliver her husband out of the hand of him who strikes him, and puts forth her hand grabbing him by the private parts; (v11) then you shall cut off her hand, your eye shall have no pity” (v12) / R. Not to pity the pursuer / R. Not to spare a pursuer, but he is to be slain before he reaches the pursued and in order to prevent the pursuer from slaying the pursued or uncovering their nakedness Consider: Many people who compile Torah ·Teaching· commands agree on this interpretation, unique from the direct reading of the text
13 kDeut 25:13-14 (Deut 25:13-16) (#9.577): T. Not to possess dishonest weights and measurements / R. Not to possess inaccurate scales and weights even if they are not for use
17 lDeut 25:17 (Deut 25:17-18; Ex 17:8-16) (#6.429): To remember what Amalek did Note: When leaving Egypt, he attacked Israel and the stragglers; he was unafraid of God
19 mDeut 25:19 (Deut 25:17-19) (#6.430): T. To wipe out the memory of Amalek from under heaven / R. Not to forget Amalek’s atrocities and ambush on our journey from Egypt in the desert, don’t forget!
19 nDeut 25:19 (Deut 25:17-19) (#6.431): T. This is not found in the straight forward text; it could be implied by (Deut 25:19) / R. Wipe out the descendants of Amalek
Muzzled Christians
By David Wilkerson4.8K42:18DEU 25:4MAT 25:141CO 9:9In this sermon, the speaker shares a personal story about neglecting his children and realizing the importance of giving them attention. He then relates this to the parable of the talents in the Bible, where the master returns and calls for an accounting from his servants. The speaker emphasizes the importance of having a right relationship with the Lord and being productive and fruitful in our service to Him. He also highlights the tragic steps that can lead to being bound and muzzled in our ministry, such as having a wrong relationship with God. The sermon encourages listeners to have a happy and well-adjusted relationship with the Lord and to be productive and normal in their Christian walk.
Ruth
By Jacob Prasch2.4K1:08:29RuthDEU 25:5RUT 1:16ISA 53:3MAT 22:2ROM 11:11EPH 2:12REV 19:7In this sermon, the speaker addresses the relationship between the Church and Israel from the perspective of the bride. He emphasizes the importance of the Church being a woman of excellence, just as the bride is described in the Book of Ruth. The speaker highlights the significance of Jesus as the bridegroom, who is not physically attractive but is still desired by the bride. He also mentions the role of a relative who has the right of redemption, drawing parallels to Jesus' role as the redeemer. The speaker emphasizes the importance of the Church blessing Israel and sharing the gospel with them, as God used the Jews to bring the gospel to the Gentiles in the past.
Gift of a Pastor
By Denny Kenaston1.8K1:17:52PastorDEU 25:41TH 5:121TI 5:171TI 5:19HEB 4:12HEB 13:7HEB 13:17In this sermon, the preacher emphasizes the importance of listening to the word of God with a sincere and open heart. He highlights that our attitude towards the preacher can influence the perception of the message by those around us, including children. The sermon also touches on the balance of responsibilities between elders and the church, emphasizing the need for mutual respect and support. The preacher references Bible verses from Ephesians and Hebrews to support his points and emphasizes the importance of these principles in the growth and prosperity of a church.
(Through the Bible) Deuteronomy 21-25
By Chuck Smith1.7K47:41DEU 23:18DEU 24:19DEU 25:1DEU 28:12In this sermon, the speaker discusses various regulations and laws found in the Bible, specifically in the book of Deuteronomy. These regulations cover topics such as welfare programs for the poor, settling disputes between individuals, punishment for wickedness, and guidelines for marriage. The speaker emphasizes the importance of justice tempered with mercy and highlights the significance of certain numbers, such as 40 and 39, in relation to judgment. The sermon also touches on the consequences of adultery and rape, as well as the procedures for handling unexplained deaths and taking captive women as wives.
Joshua's Amazing Victory Over Amalek
By Peter Clement1.3K42:26AmalekEXO 17:1DEU 25:17In this sermon, the preacher discusses the victory of Joshua over the Amalekites and the importance of memorializing this victory. He emphasizes the wickedness of the human soul and the need for the fear of God to restrain it. The preacher then draws a parallel between Joshua's victory and the battle of Calvary, where Jesus Christ, representing Israel, faced attack as the Messiah. He warns against reducing the Christian life to mere fun and levity, and urges listeners to remember the seriousness and cost of Christ's sacrifice at Calvary.
Tent Making 1 Cor 9
By George Verwer1.2K1:13:49Tent MakingEXO 20:12DEU 25:4MAT 6:33ACT 20:35ROM 10:141CO 9:142TH 3:101TI 5:18In this sermon, the speaker emphasizes the importance of following five principles in preaching the word of God. These principles include being enthusiastic, learning the product thoroughly, practicing effective communication techniques, demonstrating sincerity, and considering the needs of the person being spoken to. The speaker encourages the audience to believe that God will provide for their needs and make their prayer meetings more effective. They also emphasize the importance of sincerity in conveying the message and suggest using phrases and presentations that effectively communicate the message. The speaker shares personal experiences of encountering difficult individuals but believes that sincerity can still make an impact.
Studies in 1 Timothy-05 1 Timothy-5
By William MacDonald1.2K38:37DEU 25:4LUK 10:71TI 5:23The sermon transcript discusses various instructions given by Paul to Timothy on how to behave towards different classes in the Christian family. It begins by addressing the old and young, male and female, emphasizing the importance of showing honor and respect. The transcript then moves on to discussing the care and support of widows, highlighting the responsibility of the church in providing for them. It also touches on the role of elders in the church, emphasizing the need for financial care, caution in appointing men, and the importance of having multiple witnesses in cases of accusation. Overall, the transcript emphasizes the practical advice given by Paul to Timothy for the care of believers in the Christian assembly.
Singles Serving the Lord Without Distraction - Part 2
By Bob Hoekstra1.1K49:37DEU 25:17
This sermon emphasizes the importance of serving the Lord without distraction and with an undivided heart, finding personal wholeness and completeness in Christ. It highlights the dangers of seeking fulfillment in others or isolating oneself, urging believers to seek fullness of life in Christ alone. The message encourages serving one another in love, ministry of encouragement, kindness, forgiveness, and bearing each other's burdens, while warning against withdrawal and isolation as the enemy's tactic to target stragglers. The ultimate call is to trust in Christ for growth, service, and living with an undivided heart for the Lord.
A Way Out of Trouble
By Basilea Schlink1.0K04:35Radio ShowDEU 25:17In this sermon, Basilia Schlenk discusses the story of the Israelites in the wilderness and their encounter with the Amalekites. God allowed the Israelites to face this distressing situation to teach them how to believe and depend on Him. Moses, through prayer, was able to defeat the Amalekites, showing the power of prayer in hopeless situations. The Israelites learned that God wants to be asked and that prayer is the deciding factor in victory.
Unstoppable
By Jim Cymbala71825:37Christian LifeDEU 25:3MAT 24:13ACT 14:21ROM 3:231CO 9:27GAL 6:142TI 2:3In this sermon, the speaker emphasizes the importance of being prepared for spiritual battles by understanding how the enemy works. He compares this to studying film before a sports game to anticipate the opponent's moves. The speaker encourages believers to live boldly and fearlessly, knowing that they will live eternally with Jesus. He also highlights the need for ministers to work hard and not treat the ministry as a retirement plan. The speaker concludes by challenging the congregation to refrain from complaining for a week and to never back down in their faith.
Reason for Our Hope 1
By Peter Maiden68655:51HopeDEU 25:4MAT 6:33LUK 10:7EPH 6:171TI 5:182TI 3:16HEB 4:12In this sermon, the preacher emphasizes the power and significance of the word of God. He describes it as quick, powerful, and sharper than any two-edged sword, capable of penetrating the soul and spirit of man. The preacher encourages believers to be people of faith who stand upon the word of God, even in challenging circumstances. He references the example of George Muller, a man of extraordinary faith who founded orphanages and relied on God's provision. The preacher also mentions that as Christians, we accept Christian doctrines not solely based on reason, but because they are revealed to us in the Word of God.
Old Testament Survey - Part 23
By Dick Woodward50227:29DEU 10:12DEU 14:23DEU 15:11DEU 17:18DEU 18:10DEU 18:15DEU 20:1DEU 25:5DEU 30:19
This sermon delves into the Book of Deuteronomy, focusing on Moses' sermons to the people of God before entering Canaan. It emphasizes responding to God's grace with obedience and love, highlighting the unconditional nature of God's love and the need for cleansing and repentance. The sermon explores the importance of faith, stewardship, charity, and obedience to God's Word, including teachings on tithing, capital punishment, and the Messianic prophet. It concludes with a powerful exhortation to choose life by obeying God's commands.
Day 156, Luke 20
By David Servant0DEU 25:5LUK 20:20LUK 20:46ROM 13:6David Servant discusses the spiritual insight of common folks in Jesus' time compared to the Jewish religious leaders, emphasizing the importance of genuine love for God and others over pursuing ministry as a career. He highlights the danger of misinterpreting parables by assigning spiritual significance to every detail and stresses the need to discern what details are intended to have spiritual significance. David also explores the lesson of being subject to ruling authorities, except when it contradicts God's commands, and the responsibility of Christians to participate in shaping laws in a democracy despite potential ungodly outcomes.
Ruth From "The Numerical Bible"
By F.W. Grant0LEV 25:25DEU 25:5PSA 116:16ISA 9:6ISA 41:8EZK 18:27LUK 12:37F. W. Grant preaches on the Book of Ruth, highlighting the historical context during the times of the judges and its connection to David and the kingdom. The story shows how God's salvation can progress even among the Gentiles, as seen through Ruth's inclusion in the genealogy of Christ. The spiritual sense reveals the remnant of Israel coming back to God through grace, preparing for the future kingdom. Ruth's journey symbolizes the Gentiles finding redemption through Christ. The sermon emphasizes the need for redemption, the role of grace in salvation, and the restoration of Israel through faith in the coming King.
What a Happy Year It Will Be
By Zac Poonen0LEV 25:8DEU 25:1MAT 10:8LUK 6:36JHN 7:382CO 9:7EPH 4:32COL 3:13Zac Poonen preaches about the significance of the Sabbath years and the year of jubilee in the Old Covenant, emphasizing the joy and blessing that came from the cancellation of debts and the release of debtors. Under the new covenant, every day is to be celebrated as a Sabbath day and every year as a year of jubilee, where we are called to release and forgive others just as God has forgiven us, living a life of gratitude for the forgiveness received through Calvary's cross.
Epistle 103
By George Fox0DEU 1:17DEU 25:15PSA 89:14PRO 16:11ROM 2:15ROM 13:32CO 1:122CO 10:14COL 4:6JAS 3:171PE 2:141JN 5:9George Fox preaches about the importance of staying within God's boundaries and fearing Him to receive divine wisdom, enabling believers to order their lives to glorify God and reflect His witness in all interactions. He emphasizes godly sincerity, simplicity, meekness, patience, humbleness, justice, truth, and mercy as qualities that honor God and serve as a praise to those who do well, while being a terror to evildoers. Fox warns against straying from God's witness within one's conscience, urging listeners to maintain the just weight, measure, balance, and true understanding to uphold God's principles.
Epistle 200
By George Fox0DEU 25:15ISA 28:17MIC 6:8MAT 5:14LUK 9:23ROM 13:8ROM 14:17EPH 4:24COL 3:10HEB 12:14JAS 3:17George Fox preaches about the importance of conducting business and trade with righteousness, justice, and honesty in the sight of God and man. He emphasizes the need for using just weights and measures, speaking and doing what is true, just, and right in all dealings, and living in accordance with the wisdom and power of God. Fox urges all individuals, regardless of their profession, to live in the righteousness and holiness of God, to loathe deceit and unrighteousness, and to avoid debts and unjust practices. He highlights the significance of being faithful in outward matters to gain trust in spiritual matters, and stresses the importance of living in holiness, righteousness, and truth to glorify God.
Some of God's Words to Me
By Samuel Logan Brengle0Divine CommunicationHoliness and SanctificationDEU 25:2ISA 64:7LUK 11:9ROM 10:101CO 1:29HEB 9:141PE 4:11JUD 1:24Samuel Logan Brengle emphasizes that God continues to communicate with humanity beyond the completion of Scripture, and that every Spirit-filled believer can experience this divine dialogue. He shares his personal journey of seeking a clean heart and the transformative power of Scripture in his life, illustrating how God's words have rebuked, encouraged, and ultimately sanctified him. Brengle recounts the struggle against self and ambition, leading to a deeper understanding of holiness and the necessity of confession and surrender to God. His testimony highlights the importance of seeking God earnestly and the joy of experiencing His presence and love. Ultimately, he encourages others to pursue a relationship with God, assuring them that He is always ready to respond to those who seek Him wholeheartedly.
- Jamieson-Fausset-Brown
- John Gill
- Keil-Delitzsch
- Matthew Henry
- Tyndale
Introduction
STRIPES MUST NOT EXCEED FORTY. (Deu. 25:1-19) if the wicked man be worthy to be beaten--In judicial sentences, which awarded punishment short of capital, scourging, like the Egyptian bastinado, was the most common form in which they were executed. The Mosaic law, however, introduced two important restrictions; namely: (1) The punishment should be inflicted in presence of the judge instead of being inflicted in private by some heartless official; and (2) The maximum amount of it should be limited to forty stripes, instead of being awarded according to the arbitrary will or passion of the magistrate. The Egyptian, like Turkish and Chinese rulers, often applied the stick till they caused death or lameness for life. Of what the scourge consisted at first we are not informed; but in later times, when the Jews were exceedingly scrupulous in adhering to the letter of the law and, for fear of miscalculation, were desirous of keeping within the prescribed limit, it was formed of three cords, terminating in leathern thongs, and thirteen strokes of this counted as thirty-nine stripes (Co2 11:24).
Verse 4
Thou shalt not muzzle the ox when he treadeth out the corn--In Judea, as in modern Syria and Egypt, the larger grains were beaten out by the feet of oxen, which, yoked together, day after day trod round the wide open spaces which form the threshing-floors. The animals were allowed freely to pick up a mouthful, when they chose to do so: a wise as well as humane regulation, introduced by the law of Moses (compare Co1 9:9; Ti1 5:17-18).
Verse 5
the wife of the dead shall not marry without unto a stranger: her husband's brother . . . shall take her to him to wife--This usage existed before the age of Moses (Gen 38:8). But the Mosaic law rendered the custom obligatory (Mat 22:25) on younger brothers, or the nearest kinsman, to marry the widow (Rut 4:4), by associating the natural desire of perpetuating a brother's name with the preservation of property in the Hebrew families and tribes. If the younger brother declined to comply with the law, the widow brought her claim before the authorities of the place at a public assembly (the gate of the city); and he having declared his refusal, she was ordered to loose the thong of his shoe--a sign of degradation--following up that act by spitting on the ground-- the strongest expression of ignominy and contempt among Eastern people. The shoe was kept by the magistrate as an evidence of the transaction, and the parties separated.
Verse 13
Thou shalt not have . . . divers weights--Weights were anciently made of stone and are frequently used still by Eastern shopkeepers and traders, who take them out of the bag and put them in the balance. The man who is not cheated by the trader and his bag of divers weights must be blessed with more acuteness than most of his fellows [ROBERTS]. (Compare Pro 16:11; Pro 20:10).
Verse 17
Remember what Amalek did--This cold-blooded and dastardly atrocity is not narrated in the previous history (Exo 17:14). It was an unprovoked outrage on the laws of nature and humanity, as well as a daring defiance of that God who had so signally shown His favor towards Israel (see on 1 Samuel 15; 27. 8; 30). Next: Deuteronomy Chapter 26
Introduction
INTRODUCTION TO DEUTERONOMY 25 Several laws are contained in this chapter, as concerning beating such whose crimes required it, Deu 25:1; of not muzzling the ox in treading out the corn, Deu 25:4; of marrying a deceased brother's wife, when there was no issue, and of the disgrace of such that refused it, Deu 25:5; of the punishment of an immodest woman, Deu 25:11; and against bad weights and measures, Deu 25:13; and for the utter destruction of Amalek, Deu 25:17.
Verse 1
If there be a controversy between men,.... Between two or more: and they come unto judgment; into a court of judicature, bring their cause thither: that the judges may judge them; who were never less than three; the great sanhedrim at Jerusalem consisted of seventy one, the lesser court was of twenty three, and the least of all three only: then they shall justify the righteous, and condemn the wicked: acquit the one, whose cause is good, and condemn the other to punishment, who is guilty of a crime, and as that deserves; which is to do righteous judgment; the contrary to this is an abomination to the Lord, Pro 17:15.
Verse 2
And it shall be, if the wicked man be worthy to be beaten,.... There were four kinds of death criminals were put to by the Jews, stoning, strangling, burning, and slaying with the sword; and such crimes not as severe as these were punished with beating or scourging; and who they were that were worthy to be beaten is at large set forth in the Misnic treatise called Maccoth (x), or "stripes", which are too many to be transcribed. Maimonides says (y), that all negative precepts in the law, for the breach of which men are guilty of cutting off, but not of death by the sanhedrim, are to be beaten. They are in all twenty one, and so all deserving of death by the hand of heaven; and they are eighteen, and all negative precepts of the law broken, for which there is neither cutting off nor death by a court of judicature, for these men are to be beaten, and they are one hundred and sixty eight; and all that are to be beaten are found to be two hundred and seven: that the judge shall cause him to lie down; which seems to be on the floor of the court, since it was to be done immediately, and in the presence of the judge; and the Jews gather (z) from hence, that he was to be beaten neither standing, nor sitting, but bowed; that is, ye shall command or order him to lie down, or to fall upon the ground with his face towards it: and to be beaten before his face; in the presence of the judge, that the sentence might be properly executed, neither exceeded not diminished; and indeed all the judges were to be present, especially the bench of three; while he was beating, the chief of the judges read the passage in Deu 28:58; and he that was next to him counted the strokes, and the third at every blow said Smite (a): of the manner of beating or scourging; see Gill on Mat 10:17, according to his fault, by a certain number; as his crime and wickedness was more or less heinous, more or fewer stripes were to be laid on him; as ten or twenty, fewer or more, according to the nature of his offence, as Aben Ezra observes, only he might not add above forty; though he says there are some who say that according to his fault the stripes are larger or lesser, but all of them in number forty. (x) Ib. c. 3. sect. 1. 2, 3, &c. (y) Hilchot Sanhedrin, c. 19. sect. 1. (z) Misn. Maccot, c. 3. sect. 13. (a) Maimon & Bartenora in ib. sect. 14.
Verse 3
Forty stripes he may give him, and not exceed,.... And that this number might not be exceeded, it is ordered by the Jewish canons that only thirty nine should be given; for it is asked (b),"with how many stripes do they beat him? with forty, save one, as it is said, in number "forty" that is, in the number which is next to forty;''this they make out by joining the last word of Deu 25:2 with the first of this; and that this was an ancient sense of the law, and custom upon it, appears by the execution of it on the Apostle Paul; who was not indulged, but suffered the extremity of it as it was then understood; see Gill on Co2 11:24; moreover, that they might not exceed this number, they used to make a scourge of three lashes, so that every strike they fetched with it was reckoned for three stripes, and thirteen of them made thirty nine; wherefore if they added another stroke, it would have exceeded the number of stripes by two: lest if he should exceed, and beat him above these with many stripes; they might diminish them, if a man was weak, and not able to bear them; but they might not exceed them, if a man was as strong as Samson, as Maimonides (c) says: then thy brother should seem vile unto thee; as if he was a beast, and not a man, and much less a brother. The Targum of Jonathan is,"lest he be in danger, and thy brother be vile;''lest he be in danger of his life, and become vile, as a dead carcass; so the apostle calls dead bodies "vile bodies", Phi 3:21; or in danger of being maimed, and becoming lame or deformed, and so be contemptible: and this punishment of beating with the Jews was not reckoned, according to their writers, reproachful, and as fixing a brand of infamy upon a person; but they were still reckoned brethren, and restored to their former dignities, whatsoever they possessed; so Maimonides (d) says,"whoever commits a crime, and is beaten, he returns to his dignity, as it is said, "lest thy brother be vile in thine eyes"; when he is beaten, lo, he is thy brother; an high priest, that commits a crime, is beaten by three (i.e. a bench of three judges, by their order), as the rest of all the people, and he returns to his grandeur; but the head of the session (or court of judicature), that commits a crime, they beat him, but he does not return to his principality, nor even return to be as one of the rest of the sanhedrim; for they ascend in holiness, but do not descend.''And yet Josephus represents it as a most infamous and scandalous punishment, as one would think indeed it should be; his words are (e), speaking of the laws concerning travellers being allowed to gather grapes, and pluck ears of corn as they passed;"he that does contrary to these laws receives forty stripes, save one, with a public scourge; a free man undergoes this most filthy (or disgraceful) punishment, because for the sake of gain he reproaches his dignity.'' (b) Misn. Maccot, c. 3. sect. 10. Vid. Buxtorf. Synagog. Jud. c. 25. p. 522, 523. (c) Hilchot Sanhedrin, c. 17. sect. 1. (d) Ibid. sect. 7, 8, 9. (e) Antiqu. l. 4. c. 8. sect. 21.
Verse 4
Thou shall not muzzle the ox when he treadeth out the corn. As oxen are used in ploughing, so likewise in treading or beating out the corn; of the manner of which; see Gill on Co1 9:9; now while it was thus employed, it might not be restrained by any means from eating the corn as it had an opportunity, either by a muzzle put over its mouth, or other ways. The Gentiles had several ways of restraining their cattle from eating, while they thus made use of them, to which this law is opposed. Maimonides (f) has collected several or them together, as prohibited by it; as putting a thorn into its mouth, causing a lion to lie down by it, or causing its calf to lie down without, or spreading a skin on the top of the corn, that so it may not eat. Aelianus (g) relates a very particular way of hindering oxen from eating at such times, used some countries, which was this; that oxen might not eat of the ears of corn, in a floor where they were trod out, they used to besmear their nostrils with cows' dung, which was so disagreeable to the creature, that it would not taste anything though pressed with famine. This law is not to be limited to the ox only, or to this peculiar work assigned it; but, as Jarchi says, respects any sort of cattle, and whatsoever work that has food in it, none of them being to be restrained from eating while at work: and this law was not made for the creatures only, but for men also; and especially for the sake of ministers of the word; who for their strength, labour, and industry, are compared to oxen, and ought to be comfortably supported and maintained on account of their work; for the illustration and confirmation of which this passage is twice produced; see Gill on Co1 9:9; See Gill on Co1 9:10; See Gill on Ti1 5:17; See Gill on Ti1 5:18. (f) Hilchot Shecirut, c. 13. sect. 2, 3. (g) Hist. Animal. l. 4. c. 25.
Verse 5
If brethren dwell together,.... Not only in the same country, province, town, or city, but in the same house; such who had been from their youth brought up together in their father's house, and now one of them being married, as the case put supposes, they that were unmarried might live with him, and especially if the father was dead; and so may except such as were abroad, and in foreign countries, or at such a distance that this law coals not well be observed by them; though the Targum of Jonathan, and so Jarchi, interpret it of their being united in an inheritance, all by virtue of relation having a claim to their father's inheritance; so that it mattered not where they dwelt, it is the relation that is regarded, and their right of inheritance; and the above Targum describes them as brethren on the father's side, and so Jarchi says excepts his brother on the mother's side; for brethren by the mother's side, in case of inheritance, and the marrying of a brother's wife, were not reckoned brethren, as Maimonides (h) observes; who adds, that there is no brotherhood but on the father's side. Some think that when there were no brethren in a strict and proper sense, the near kinsmen, sometimes called brethren, were to do the office here enjoined, and which they conclude from the case of Boaz and Ruth; but Aben Ezra contradicts this, and says that instance is no proof of it, it respecting another affair, not marriage, but redemption; and says that brethren, absolutely and strictly speaking are here meant; which is agreeably to their tradition (i): and one of them die, and have no child: son, or daughter, son's son, or daughter's son, or daughter's daughter, as Jarchi notes; if there were either of these, children or grandchildren, of either sex, there was no obligation to marry a brother's wife; so, in the case put to Christ, there was no issue, the person was childless, Mat 22:24, the wife of the dead shall not marry without unto a stranger; by whom is meant not a Gentile, or a proselyte of the gate, or of righteousness, but any Israelite whatever, that was not of her husband's family; she might not marry out of the family; that is, she was refused by all, the design of the law being to secure inheritances, and continue them in families to which they belonged: her husband's brother shall go in unto her, and take her to him to wife; that is, supposing him to be unmarried, and this is indeed supposed in the first clause of the text, by dwelling with his brother; for had he been married, he would have dwelt with his wife and family apart; besides, if this law obliged a married man to marry his brother's wife, polygamy would be required and established by a law of God, which was never otherwise than permitted. This is to be understood of the eldest brother, as Jarchi, who is in an unmarried state; so it is said in the Misnah (k),"the command is upon the eldest to marry his brother's wife; if he will not, they go to all the brethren; if they will not, they return to the eldest; and say to him, upon thee is the commandment, either allow the shoe to be plucked off, or marry;''and such a course we find was taken among the Jews in our Lord's time, Mat 22:25, and perform the duty of an husband's brother to her; cohabit together as man and wife, in order to raise up seed to his brother, and perform all the offices and duties of an husband to a wife; but the marriage solemnity was not to take place when it was agreed to, until three months or ninety days had passed from the death of the brother, that it might be known whether she was with child or no by her husband, and in such a case this law had no force; so runs the Jewish canon (l)"a brother's wife may not pluck off the shoe, nor be married, until three months;''that is, after her husband's death. (h) Hilchot Yebum Vechalitzah, c, 1, sect, 7. (i) Misn. Yebamot, c. 4. sect. 5. (k) Yebamot, c. 4. sect. 5. (l) Ib. sect. 10.
Verse 6
And it shall be that the firstborn that she beareth,.... To her husband's brother, now married to her: shall succeed in the name of his brother which is dead; the meaning is, as the Targum of Jonathan,"he shall rise up in the inheritance in the name of his brother;''or, as Jarchi expresses it,"he shall take the inheritance of the deceased in the goods of his father;''that is, he shall have his part and share in the inheritance that the deceased brother would have had if he had lived, which would come to him by his father: that his name be not put out of Israel; that the family be not lost in Israel, and the inheritance belonging to it pass to another. This law was designed to keep families distinct, and inheritances in them, until the Messiah came, and that it might appear from what family he came; as he did from one in whom, as it is generally thought, this law took place: and it might have still a more special respect to him, as Ainsworth suggests; for Christ in the mystical sense may be signified by the deceased brother; he stands in the relation of a brother to his people, and has all the love, friendship, compassion, and condescension of one; he and they are of one and the same father, of the same family, and of the same nature, and have the same inheritance they being co-heirs with him; nor is he ashamed to own the relation. This brother of theirs is deceased; his death was according to the will of God, what he himself agreed to, and was foretold by the prophets; for which purpose he came into the world, and did die as to the flesh, and that for the sins of his people. Now the Jewish church was his wife, by whom he had no children through the law; that church was espoused to him, he stood in the relation of an husband to her, and she in the relation of a wife to him. Very few children were brought forth by her to him, see, Isa 54:1; and none by the law, by which there is no regeneration, but by the Gospel; it is through that, and not the law, the Spirit and his graces come; or souls are born again to Christ, renewed and sanctified. The apostles that survived Christ, and the ministers of the Gospel, are his brethren, Joh 20:17; and who are instruments in begetting souls to Christ; and these are a seed raised up unto him, and are called not after the name of the apostles and ministers of the word, through whose ministry they are begotten, Co1 1:12; but after Christ; and have the name of Christians, or anointed ones, from him, and by which means his name is, and will be continued as long as the sun endures, Act 11:26.
Verse 7
And the man like not to take his brother's wife,.... The provision here made by this law, when this was the case, is such as did not take place before it became a law; for then Onan would have taken the advantage of it, and refused marrying his brother's wife, which it is plain was not agreeable to him, Gen 38:9; as many do now on one account or another. Leo of Modena (l) says,"it was anciently accounted the more laudable thing to take her, than to release her; but now the corruption of the times, and the hardness of men's hearts, are such, as that they only look after worldly ends, either of riches, or of the beauty of the woman; so that there are very few that in this case will marry a brother's widow, especially among the Dutch and Italian Jews, but they always release her:" then let his brother's wife go up to the gate; to the gate of the city, where the judges sit for public affairs; to the gate of the sanhedrim, or court of judicature, as the Targum of Jonathan; and this affair was cognizable by the bench of three judges, and might be dispatched by them; for so it is said (m),"the plucking off the shoe, and the refusal of marriage, are by three:''i.e. three judges, which was the lowest court of judicature with the Jews: unto the elders, and say; which according to the above Targum were to be five wise men, of which three were to be judges, and two witnesses; and she was to say in the Hebrew language, in which, according to the Misnah (n), she was to pronounce what follows: my husband's brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband's brother; that is, in a few words, he will not marry her. (l) Ut supra, sect. 3. (Leo Modena's History of Rites, &c. l. 1 sect. 3.) (m) Misn. Sanhedrin, c. 1. sect. 3. (n) Sotah, c. 7. sect. 2.
Verse 8
Then the elders of his city shall call him,.... Require him to come, before them, and declare his resolution, and the reasons for it; recite this law to him, and explain the nature of it, and exhort him to comply with it, or show reason why he does not, at least to have his final resolution upon it: and speak unto him; talk with him upon this subject, and give him their best advice; and what that was Maimonides (o) more particularly informs us; if it is good and advisable to marry, they advise him to marry; but if it is better advice to pluck off the shoe, they give it; as when she is young and he is old, or she is old and he young, they advise him to allow the shoe to be plucked off: and if he stand to it: and say, I like not to take her; if, after all the conversation, debate, and counsel between them, he is resolute, and abides by his first determination, that he will not marry her, then the following method was to be taken. (o) Yebum Vechalitzab, c. 4. sect. 1.
Verse 9
Then shall his brother's wife come unto him in the presence of the elders,.... The time and place being appointed the evening before by three Rabbins, and two witnesses, as Leo of Modena says (p); of which she was apprized, and ordered to come tasting: and loose his shoe from off his foot; his right foot, which was thus done;"they bring him a leather shoe, which has a heel, but not sewed with linen (linen thread), and he puts it on the right foot, and binds the latchet on his foot, and stands, he and she, in the court; he fixes his foot on the ground, and she sits and stretches out her hand in the court, and looses the latchet of his shoe from off his foot, and pulls off his shoe, and casts it to the ground (q):''this he suffered to be done to show that he gave up his right to her; and he was so used by way of reproach, to signify that he deserved not to be reckoned among freemen, but among servants and slaves, that went barefooted, having no shoes on: and in the mystical sense of it, as Ainsworth observes, it spiritually signified, that such as would not beget children unto Christ (or preach his Gospel for that purpose), it should be declared of them that their feet are not shod with the preparation of the Gospel of Christ, Eph 6:15, and spit in his face; in a way of contempt, as a token of shame and disgrace; but the Jewish writers generally interpret this in a softer manner, as if it was not in his face, but in his presence, upon the floor, and seen by the judges (r): and shall answer and say, so shall it be done unto the man that will not build up his brother's house; that is, in this contemptuous and shameful manner shall he be used. (p) Ut supra, sect. 4. (Leo Modena's Hostory of Rites, &c. l. 1. sect. 4.) (q) Maimon. ut supra, (Yebum Vechalitzab, c. 4.) sect. 6. (r) Ibid. sect. 7. Targum & Jarchi in loc.
Verse 10
And his name shall be called in Israel,.... Not his particular and personal name, but his family; for it seems that not only a mark of infamy was set upon him for refusing to marry his brother's widow, but upon his family also: the house of him that hath his shoe loosed; which, as Leo of Modena says (s), was repeated by her three times; and at every time the people with a loud voice answer and call him, one that had his shoe loosed; and then the Rabbin tells the man that he is at liberty now to marry whom he pleases; and if he desires a certificate from them of this setting free his kinswoman, they presently give him one; and she also had a writing given to her by the judges, certifying the same, that she was free also to marry another; of which the following is a short form or copy (t)."In such or such a session (or court), such an one, the daughter of such an one, plucked off the shoe of such an one, the son of such an one, before us; she brought him before us, and she loosed the shoe of his right foot, and spit before him spittle, which was seen by us upon the ground; and said, so shall it be done to the man that would not build up his brother's house.''A larger form may be seen in Maimonides (u), as well as a type and copy of the matrimonial contract. From this law an high priest was free, Lev 21:14; and so a king, according to the Jewish canon (w). (s) History, ut supra, sect. 5. (Leo Modena's History of Rites, &c. l. 1. sect. 5.) (t) T. Hieros. Sanhedrin, fol. 19. 1. (u) Hilchot Yebum Vechalitzah, c. 4. sect. 29. (w) Misn. Sanhedrin, c. 2. sect. 2.
Verse 11
When men strive together, one with another,.... Quarrel with one another, and come to blows, and strive for mastery, which shall beat, and be the best man: and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him; perceiving that his antagonist has more skill or strength, or both, for fighting, and is an more than a match for her husband, who is like to be much bruised and hurt; wherefore, to save him out of the hands of the smiter, she goes up to them to part them, or take her husband's side: and putteth forth her hand, and taketh him by the secrets; or privy parts; in Hebrew his "shameful" parts (x), which through shame are hidden, and modesty forbids to express in proper terms; and such is the purity of the Hebrew language, that no obscene words are used in it; for which reason, among others, it is called the holy tongue. This immodest action was done partly out of affection to her husband, to oblige his antagonist to let go his hold of him; and partly out of malice and revenge to him, to spoil him, and make him unfit for generation, and therefore was to be severely punished, as follows. (x) "verenda ejus", V. L. Pagninus, Montanus, Tigurine version; "pudenda ejus", Piscator.
Verse 12
Then thou shall cut off her hand,.... Which was to be done not by the man that strove with her husband, or by any bystander, but by the civil magistrate or his order. This severity was used to deter women from such an immodest as well as injurious action, who on such an occasion are very passionate and inconsiderate. Our Lord is thought to refer to this law, Mat 5:30; though the Jewish writers interpret this not of actual cutting off the hand, but of paying a valuable consideration, a price put upon it; so Jarchi; and Aben Ezra compares it with the law of retaliation, "eye for eye", Exo 21:24; which they commonly understand of paying a price for the both, &c. lost; and who adds, if she does not redeem her hand (i.e. by a price) it must be cut off: thine eye shall not pity her; on account of the tenderness of her sex, or because of the plausible excuse that might be made for her action, being done hastily and in a passion, and out of affection to her husband; but these considerations were to have no place with the magistrate, who was to order the punishment inflicted, either in the strict literal sense, or by paying a sum of money.
Verse 13
Thou shalt not have in thy bag divers weights,.... Or, "a stone and a stone" (y); it being usual, in those times and countries, to have their weights of stone, as it was formerly with us here; we still say, that such a commodity is worth so much per stone, a stone being of such a weight; now these were not to be different: a great and a small; great weights, to buy with them, and small weights, to sell with them, as the Targum of Jonathan paraphrases it. (y) "lapis et lapis", Montanus, Vatablus, Piscator.
Verse 14
Thou shall not have in thine house divers, measures,.... Or, "an ephah and an ephah"; which was one sort of measure in use with the Jews, and held above a bushel; and is put for all others, which should be alike, and not a great and a small; one to buy with, and another to sell by, as before observed; which would be to cheat both seller and buyer in their turns; see Amo 8:5.
Verse 15
But thou shall have a perfect and just weight, a perfect and just measure shall thou have,.... That is, full weights, and full measures; and such as are alike, and everywhere used, according to the standard of the country; See Gill on Lev 19:36, that thy days may be lengthened in the land which the Lord thy God giveth thee; long life was always reckoned a blessing, and is frequently promised to, obedience, and particularly long life in the land of Canaan; which was a most delightful and fruitful land, and which a man might wish to live long in; deceitful men, are threatened with not living half their days, and such may they be said to be that use false weights and measures, Psa 55:23.
Verse 16
For all that do such things,.... Keep, different weights and measures, and make use of them to defraud their neighbours in buying and selling: and all that do unrighteously; what is not just and right between man and man, in any other instance whatever: are an abomination unto the Lord thy God; both they and their actions; he is a righteous God, and loves righteousness, and hates injustice of every kind.
Verse 17
Remember what Amalek did unto thee,.... The Amalekites, how they came out against them, and fought with them at Rephidim, Exo 17:8, by the way, when ye were come forth out of Egypt; which was an aggravation of their cruel and inhuman action, that they not only came out against them unprovoked, were the aggressors, and fell upon them as they were travelling on the road, but when they were just come out of Egypt, where they had been in hard bondage, and their spirits broken, and they not used to war; and so took them at all these disadvantages, a people that had not in the least injured them.
Verse 18
How he met thee by the way,.... Not with necessary provisions, food and drink, which would have been but a piece of kindness and humanity to travellers; but met them sword in hand, in order to stop their journey, and make them captives, at least to harass and distress them: and smote the hindmost of thee; came upon them in a sly cowardly manner, and attacked their rear: even all that were feeble behind thee: women and children, and such men as were weak, sickly, labouring under some disorder, and so lagged behind, and could not keep up with the rest; on these Amalek first fell, and began his attack here: when thou wast faint and weary; with travelling, and the more so for want of water, which was their case at Rephidim, when Amalek came out against them; which is another aggravation of their unkind usage of them they were not to forget: and he feared not God; who was then in the pillar of cloud and fire with Israel, which phenomenon Amalek might see, and yet did not fear; and who had done such wonders for Israel in Egypt, and had brought them from thence, and had drowned Pharaoh and his host in the Red sea, of which doubtless Amalek had heard, and yet feared not the Lord, who had done such great things.
Verse 19
Therefore it shall be, when the Lord thy God hath given thee rest from all thine enemies round about,.... Not only when they had subdued the Canaanites, and got possession of their land, but when they were clear and free from all their neighbouring nations, Moabites, Midianites, Edomites, Ammonites, and Philistines; wherefore it may be observed, that this did not take place, as not immediately after the conquest of Canaan, so neither in the times of the judges, when they were harassed frequently by their neighbours, and not until the times of Saul, the first king of Israel: in the land which the Lord thy God giveth thee for an inheritance to possess it; the sense is, when they were in the full possession of the land given them by the Lord, as an inheritance to be enjoyed by them and theirs; and were at an entire rest from all enemies, and so had their hands at liberty to employ against Amalek: that thou shalt blot out the remembrance of Amalek from under heaven: that is, utterly destroy them, so that there should be none left of them any where, to put in mind that there ever were such a people on earth; men, women, children, cattle of all sorts, were to be destroyed, and nothing left that belonged unto them; that it might not be said this beast was Amalek's, as Jarchi, and to the same purpose Aben Ezra; see the order for this renewed, and the accomplishment of it, at least in part, Sa1 15:2, &c. thou shall not forget it; neither the unkindness of Amalek, nor this order to destroy him. The Targum of Jonathan adds,"and even in the days of the King Messiah it shall not be forgotten.'' Next: Deuteronomy Chapter 26
Verse 1
Corporal Punishment. - The rule respecting the corporal punishment to be inflicted upon a guilty man is introduced in Deu 25:1 with the general law, that in a dispute between two men the court was to give right to the man who was right, and to pronounce the guilty man guilty (cf. Exo 22:8 and Exo 23:7). Deu 25:2 If the guilty man was sentenced to stripes, he was to receive his punishment in the presence of the judge, and not more than forty stripes, that he might not become contemptible in the eyes of the people. הכּות בּן, son of stripes, i.e., a man liable to stripes, like son (child) of death, in Sa1 20:31. "According to the need of his crime in number," i.e., as many stripes as his crime deserved. Deu 25:3 "Forty shall ye beat him, and not add," i.e., at most forty stripes, and not more. The strokes were administered with a stick upon the back (Pro 10:13; Pro 19:29; Pro 26:3, etc.). This was the Egyptian mode of whipping, as we may see depicted upon the monuments, when the culprits lie flat upon the ground, and being held fast by the hands and feet, receive their strokes in the presence of the judge (vid., Wilkinson, ii. p. 11, and Rosellini, ii. 3, p. 274, 78). The number forty was not to be exceeded, because a larger number of strokes with a stick would not only endanger health and life, but disgrace the man: "that thy brother do not become contemptible in thine eyes." If he had deserved a severer punishment, he was to be executed. In Turkey the punishments inflicted are much more severe, viz., from fifty to a hundred lashes with a whip; and they are at the same time inhuman (see v. Tornauw, Moslem. Recht, p. 234). The number, forty, was probably chosen with reference to its symbolical significance, which it had derived from Gen 7:12 onwards, as the full measure of judgment. The Rabbins fixed the number at forty save one (vid., Co2 11:24), from a scrupulous fear of transgressing the letter of the law, in case a mistake should be made in the counting; yet they felt no conscientious scruples about using a whip of twisted thongs instead of a stick (vid., tract. Macc. iii. 12; Buxtorf, Synag. Jud. pp. 522-3; and Lundius, Jd. Heiligth. p. 472).
Verse 4
The command not to put a muzzle upon the ox when threshing, is no doubt proverbial in its nature, and even in the context before us is not intended to apply merely literally to an ox employed in threshing, but to be understood in the general sense in which the Apostle Paul uses it in Co1 9:9 and Ti1 5:18, viz., that a labourer was not to be deprived of his wages. As the mode of threshing presupposed here - namely, with oxen yoked together, and driven to and fro over the corn that had been strewn upon the floor, that they might kick out the grains with their hoofs - has been retained to the present day in the East, so has also the custom of leaving the animals employed in threshing without a muzzle (vid., Hoest, Marokos, p. 129; Wellst. Arabien, i. p. 194; Robinson, Pal. ii. pp. 206-7, iii. p. 6), although the Mosaic injunctions are not so strictly observed by the Christians as by the Mohammedans (Robinson, ii. p. 207).
Verse 5
On Levirate Marriages. - Deu 25:5, Deu 25:6. If brothers lived together, and one of them died childless, the wife of the deceased was not to be married outside (i.e., away from the family) to a strange man (one not belonging to her kindred); her brother-in-law was to come to her and take her for his wife, and perform the duty of a brother-in-law to her. יבּם, denom. from יבם, a brother-in-law, husband's brother, lit., to act the brother-in-law, i.e., perform the duty of a brother-in-law, which consisted in his marrying his deceased brother's widow, and begetting a son of children with her, the first-born of whom was "to stand upon the name of his deceased brother," i.e., be placed in the family of the deceased, and be recognised as the heir of his property, that his name (the name of the man who had died childless) might not be wiped out or vanish out of Israel. The provision, "without having a son" (ben), has been correctly interpreted by the lxx, Vulg., Josephus (Ant. iv. 8, 23), and the Rabbins, as signifying childless (having no seed, Mat 22:25); for if the deceased had simply a daughter, according to Num 27:4., the perpetuation of his house and name was to be ensured through her. The obligation of a brother-in-law's marriage only existed in cases where the brothers had lived together, i.e., in one and the same place, not necessarily in one house or with a common domestic establishment and home (vid., Gen 13:6; Gen 36:7). - This custom of a brother-in-law's (Levirate) marriage, which is met with in different nations, and as an old traditional custom among the Israelites (see at Gen 38:8.), had its natural roots in the desire inherent in man, who is formed for immortality, and connected with the hitherto undeveloped belief in an eternal life, to secure a continued personal existence for himself and immorality for his name, through the perpetuation of his family and in the life of the son who took his place. This desire was not suppressed in Israel by divine revelation, but rather increased, inasmuch as the promises given to the patriarchs were bound up with the preservation and propagation of their seed and name. The promise given to Abraham for his seed would of necessity not only raise the begetting of children in the religious views of the Israelites into the work desired by God and well-pleasing to Him, but would also give this significance to the traditional custom of preserving the name and family by the substitution of a marriage of duty, that they would thereby secure to themselves and their family a share in the blessing of promise. Moses therefore recognised this custom as perfectly justifiable; but he sought to restrain it within such limits, that it should not present any impediment to the sanctification of marriage aimed at by the law. He took away the compulsory character, which it hitherto possessed, by prescribing in Deu 25:7., that if the surviving brother refused to marry his widowed sister-in-law, she was to bring the matter into the gate before the elders of the town (vid., Deu 21:19), i.e., before the magistrates; and if the brother-in-law still persisted in his refusal, she was to take his shoe from off his foot and spit in his face, with these words: "So let it be done to the man who does not build up his brother's house." The taking off of the shoe was an ancient custom in Israel, adopted, according to Rut 4:7, in cases of redemption and exchange, for the purpose of confirming commercial transactions. The usage arose from the fact, that when any one took possession of landed property he did so by treading upon the soil, and asserting his right of possession by standing upon it in his shoes. In this way the taking off of the shoe and handing it to another became a symbol of the renunciation of a man's position and property, - a symbol which was also common among the Indians and the ancient Germans (see my Archologie, ii. p. 66). But the custom was an ignominious one in such a case as this, when the shoe was publicly taken off the foot of the brother-in-law by the widow whom he refused to marry. He was thus deprived of the position which he ought to have occupied in relation to her and to his deceased brother, or to his paternal house; and the disgrace involved in this was still further heightened by the fact that his sister-in-law spat in his face. This is the meaning of the words (cf. Num 12:14), and not merely spit on the ground before his eyes, as Saalschtz and others as well as the Talmudists (tr. Jebam. xii. 6) render it, for the purpose of diminishing the disgrace. "Build up his brother's house," i.e., lay the foundation of a family or posterity for him (cf. Gen 16:2). - In addition to this, the unwilling brother-in-law was to receive a name of ridicule in Israel: "House of the shoe taken off" (הנּעל חלוּץ, taken off as to his shoe; cf. Ewald, 288, b.), i.e., of the barefooted man, equivalent to "the miserable fellow;" for it was only in miserable circumstances that the Hebrews went barefoot (vid., Isa 20:2-3;
Verse 11
"But in order that the great independence which is here accorded to a childless widow in relation to her brother-in-law, might not be interpreted as a false freedom granted to the female sex" (Baumgarten), the law is added immediately afterwards, that a woman whose husband was quarrelling with another, and who should come to his assistance by laying hold of the secret parts of the man who was striking her husband, should have her hand cut off.
Verse 13
The duty of integrity in trade is once more enforced in Deu 25:13-16 (as in Lev 19:35-36). "Stone and stone," i.e., two kinds of stones for weighing (cf. Psa 12:3), viz., large ones for buying and small ones for selling. On the promise in Deu 25:15, see Deu 4:26; Deu 5:16; Deu 25:16, as in Deu 22:5; Deu 18:12, etc. In the concluding words, Deu 25:16, "all that do unrighteously," Moses sums up all breaches of the law.
Verse 17
But whilst the Israelites were to make love the guiding principle of their conduct in their dealings with a neighbour, and even with strangers and foes, this love was not to degenerate into weakness or indifference towards open ungodliness. To impress this truth upon the people, Moses concludes the discourse on the law by reminding them of the crafty enmity manifested towards them by Amalek on their march out of Egypt, and with the command to root out the Amalekites (cf. Exo 17:9-16). This heathen nation had come against Israel on its journey, viz., at Rephidim in Horeb, and had attacked its rear: "All the enfeebled behind thee, whilst thou wast faint and weary, without fearing God." זנּב, lit., to tail, hence to attack or destroy the rear of an army or of a travelling people (cf. Jos 10:19). For this reason, when the Lord should have given Israel rest in the land of its inheritance, it was to root out the remembrance of Amalek under heaven. (On the execution of this command, see 1 Sam 15.) "Thou shalt not forget it:" an emphatic enforcement of the "remember" in Deu 25:17.
Introduction
Here is, I. A law to moderate the scourging of malefactors (Deu 25:1-3). II. A law in favour of the ox the treads out the corn (Deu 25:4). III. For the disgracing of him that refused to marry his brother's widow (Deu 25:5-10). IV. For the punishment of an immodest woman (Deu 25:11, Deu 25:12). V. For just weights and measures (Deu 25:13-16). VI. For the destroying of Amalek (Deu 25:17, etc.).
Verse 1
Here is, I. A direction to the judges in scourging malefactors, Deu 25:1-3. 1. It is here supposed that, if a man be charged with a crime, the accuser and the accused (Actor and Reus) should be brought face to face before the judges, that the controversy may be determined. 2. If a man were accused of a crime, and the proof fell short, so that the charge could not be made out against him by the evidence, then he was to be acquitted: "Thou shalt justify the righteous," that is, "him that appears to the court to be so." If the accusation be proved, then the conviction of the accused is a justification of the accuser, as righteous in the prosecution. 3. If the accused were found guilty, judgment must be given against him: "Thou shalt condemn the wicked;" for to justify the wicked is as much an abomination to the Lord as it is to condemn the righteous, Pro 17:15. 4. If the crime were not made capital by the law, then the criminal must be beaten. A great many precepts we have met with which have not any particular penalty annexed to them, the violation of most of which, according to the constant practice of the Jews, was punished by scourging, from which no person's rank or quality did exempt him if he were a delinquent, but with this proviso, that he should never be upbraided with it, nor should it be looked upon as leaving any mark of infamy or disgrace upon him. The directions here given for the scourging of criminals are, (1.) That it be done solemnly; not tumultuously through the streets, but in open court before the judge's face, and with so much deliberation as that the stripes might be numbered. The Jews say that while execution was in doing the chief justice of the court read with a loud voice Deu 28:58, Deu 28:59, and Deu 29:9, and concluded with those words (Psa 78:38), But he, being full of compassion, forgave their iniquity. Thus it was made a sort of religious act, and so much the more likely to reform the offender himself and to be a warning to others. (2.) That it be done in proportion to the crime, according to his fault, that some crimes might appear, as they are, more heinous than others, the criminal being beaten with many stripes, to which perhaps there is an allusion, Luk 12:47, Luk 12:48. (3.) That how great soever the crime were the number of stripes should never exceed forty, Deu 25:3. Forty save one was the common usage, as appears, Co2 11:24. It seems, they always gave Paul as many stripes as ever they gave to any malefactor whatsoever. They abated one for fear of having miscounted (though one of the judges was appointed to number the stripes), or because they would never go to the utmost rigour, or because the execution was usually done with a whip of three lashes, so that thirteen stripes (each one being counted for three) made up thirty-nine, but one more by that reckoning would have been forty-two. The reason given for this is, lest thy brother should seem vile unto thee. He must still be looked upon as a brother (Th2 3:15), and his reputation as such was preserved by this merciful limitation of his punishment. It saves him from seeming vile to his brethren, when God himself by his law takes this care of him. Men must not be treated as dogs; nor must those seem vile in our sight to whom, for aught we know, God may yet give grace to make them precious in his sight. II. A charge to husbandmen not to hinder their cattle from eating when they were working, if meat were within their reach, Deu 25:4. This instance of the beast that trod out the corn (to which there is an allusion in that of the prophet, Hos 10:11) is put for all similar instances. That which makes this law very remarkable above its fellows (and which countenances the like application of other such laws) is that it is twice quoted in the New Testament to show that it is the duty of the people to give their ministers a comfortable maintenance, Co1 9:9, Co1 9:10, and Ti1 5:17, Ti1 5:18. It teaches us in the letter of it to make much of the brute-creatures that serve us, and to allow them not only the necessary supports for their life, but the advantages of their labour; and thus we must learn not only to be just, but kind, to all that are employed for our good, not only to maintain but to encourage them, especially those that labour among us in the word and doctrine, and so are employed for the good of our better part.
Verse 5
Here is, I. The law settled concerning the marrying of the brother's widow. It appears from the story of Judah's family that this had been an ancient usage (Gen 38:8), for the keeping up of distinct families. The case put is a case that often happens, of a man's dying without issue, it may be in the prime of his time, soon after his marriage, and while his brethren were yet so young as to be unmarried. Now in this case, 1. The widow was not to marry again into any other family, unless all the relations of her husband did refuse her, that the estate she was endowed with might not be alienated. 2. The husband's brother, or next of kin, must marry her, partly out of respect to her, who, having forgotten her own people and her father's house, should have all possible kindness shown her by the family into which she was married; and partly out of respect to the deceased husband, that though he was dead and gone he might not be forgotten, nor lost out of the genealogies of his tribe; for the first-born child, which the brother or next kinsman should have by the widow, should be denominated from him that was dead, and entered in the genealogy as his child, Deu 25:5, Deu 25:6. Under that dispensation we have reason to think men had not so clear and certain a prospect of living themselves on the other side death as we have now, to whom life and immortality are brought to light by the gospel; and therefore they could not but be the more desirous to live in their posterity, which innocent desire was in some measure gratified by this law, an expedient being found out that, though a man had no child by his wife, yet his name should not be put out of Israel, that is, out of the pedigree, or, which is equivalent, remain there under the brand of childlessness. The Sadducees put a case to our Saviour upon this law, with a design to perplex the doctrine of the resurrection by it (Mat 22:24, etc.), perhaps insinuating that there was no need of maintaining the immortality of the soul and a future state, since the law had so well provided for the perpetuating of men's names and families in the world. But, 3. If the brother, or next of kin, declined to do this good office to the memory of him that was gone, what must be done in that case? Why, (1.) He shall not be compelled to do it, Deu 25:7. If he like her not, he is at liberty to refuse her, which, some think, was not permitted in this case before this law of Moses. Affection is all in all to the comfort of the conjugal relation; this is a thing which cannot be forced, and therefore the relation should not be forced without it. (2.) Yet he shall be publicly disgraced for not doing it. The widow, as the person most concerned for the name and honour of the deceased, was to complain to the elders of his refusal; if he persist in it, she must pluck off his shoe, and spit in his face, in open court (or, as the Jewish doctors moderate it, spit before his face), thus to fasten a mark of infamy upon him, which was to remain with his family after him, Deu 25:8-10. Note, Those justly suffer in their own reputation who do not do what they ought to preserve the name and honour of others. He that would not build up his brother's house deserved to have this blemish put upon his own, that it should be called the house of him that had his shoe loosed, in token that he deserved to go barefoot. In the case of Ruth we find this law executed (Rut 4:7), but because, upon the refusal of the next kinsman, there was another ready to perform the duty of a husband's brother, it was that other that plucked off the shoe, and not the widow - Boaz, and not Ruth. II. A law for the punishing of an immodest woman, Deu 25:11, Deu 25:12. The woman that by the foregoing law was to complain against her husband's brother for not marrying her, and to spit in his face before the elders, needed a good measure of assurance; but, lest the confidence which that law supported should grow to an excess unbecoming the sex, here is a very severe but just law to punish impudence and immodesty. 1. The instance of it is confessedly scandalous to the highest degree. A woman could not do it unless she were perfectly lost to all virtue and honour. 2. The occasion is such as might in part excuse it; it was to help her husband out of the hands of one that was too hard for him. Now if the doing of it in a passion, and with such a good intention, was to be so severely punished, much more when it was done wantonly and in lust. 3. The punishment was that her hand should be cut off; and the magistrates must not pretend to be more merciful than God: Thy eye shall not pity her. Perhaps our Saviour alludes to this law when he commands us to cut off the right hand that offends us, or is an occasion of sin to us. Better put the greatest hardships that can be upon the body than ruin the soul for ever. Modesty is the hedge of chastity, and therefore ought to be very carefully preserved and kept up by both sexes.
Verse 13
Here is, I. A law against deceitful weights and measures: they must not only not use them, but they must not have them, not have them in the bag, not have them in the house (Deu 25:13, Deu 25:14); for, if they had them, they would be strongly tempted to use them. They must not have a great weight and measure to buy by and a small one to sell by, for that was to cheat both ways, when either was bad enough; as we read of those that made the ephah small, in which they measured the corn they sold, and the shekel great, by which they weighed the money they received for it, Amo 8:5. But thou shalt have a perfect and just weight, v. 15. That which is the rule of justice must itself be just; if that be otherwise, it is a constant cheat. This had been taken care of before, Lev 19:35, Lev 19:36. This law is enforced with two very good reasons: - 1. That justice and equity will bring down upon us the blessing of God. The way to have our days lengthened, and to prosper, is to be just and fair in all our dealings Honesty is the best policy. 2. That fraud and injustice will expose us to the curse of God, Deu 25:16. Not only unrighteousness itself, but all that do unrighteously, are an abomination to the Lord. And miserable is that man who is abhorred by his Maker. How hateful, particularly, all the arts of deceit are to God, Solomon several times observes, Pro 11:1; Pro 20:10, Pro 20:23; and the apostle tells us that the Lord is the avenger of all such as overreach and defraud in any matter, Th1 4:6. II. A law for the rooting out of Amalek. Here is a just weight and a just measure, that, as Amalek had measured to Israel, so it should be measure to Amalek again. 1. The mischief Amalek did to Israel must be here remembered, Deu 25:17, Deu 25:18. When it was first done it was ordered to be recorded (Exo 17:14-16), and here the remembrance of it is ordered to be preserved, not in personal revenge (for that generation which suffered by the Amalekites was gone, so that those who now lived, and their posterity, could not have any personal resentment of the injury), but in a zeal for the glory of God (which was insulted by the Amalekites), that throne of the Lord against which the hand of Amalek was stretched out. The carriage of the Amalekites towards Israel is here represented, (1.) As very base and disingenuous. They had no occasion at all to quarrel with Israel, nor did they give them any notice, by a manifesto or declaration of war; but took them at an advantage, when they had just come out of the house of bondage, and, for aught that appeared to them, were only going to sacrifice to God in the wilderness. (2.) As very barbarous and cruel; for they smote those that were more feeble, whom they should have succoured. The greatest cowards are commonly the most cruel; while those that have the courage of a man will have the compassion of a man. (3.) As very impious and profane: they feared not God. If they had had any reverence for the majesty of the God of Israel, which they saw a token of in the cloud, or any dread of his wrath, which they lately heard of the power of over Pharaoh, they durst not have made this assault upon Israel. Well, here was the ground of the quarrel: and it shows how God takes what is done against his people as done against himself, and that he will particularly reckon with those that discourage and hinder young beginners in religion, that (as Satan's agents) set upon the weak and feeble, either to divert them or to disquiet them, and offend his little ones. 2. This mischief must in due time be revenged, Deu 25:19. When their wars were finished, by which they were to settle their kingdom and enlarge their coast, then they must make war upon Amalek (Deu 25:19), not merely to chase them, but to consume them, to blot out the remembrance of Amalek. It was an instance of God's patience that he deferred the vengeance so long, which should have led the Amalekites to repentance; yet an instance of fearful retribution that the posterity of Amalek, so long after, were destroyed for the mischief done by their ancestors to the Israel of God, that all the world might see, and say, that he who toucheth them toucheth the apple of his eye. It was nearly 400 years after this that Saul was ordered to put this sentence in execution (1 Sa. 15), and was rejected of God because he did not do it effectually, but spared some of that devoted nation, in contempt, not only of the particular orders he received from Samuel, but of this general command here given by Moses, which he could not be ignorant of. David afterwards made some destruction of them; and the Simeonites, in Hezekiah's time, smote the rest that remained (Ch1 4:43); for when God judges he will overcome.
Verse 3
25:3 At a flogging, the maximum number of strikes allowed was forty lashes. Fewer could be applied depending on the case (25:2). As people created in the image of God, even wrongdoers were entitled to mercy and respect. In later Judaism, thirty-nine lashes were given (see 2 Cor 11:24 and note).
Verse 4
25:4 You must not muzzle an ox: The animal had to be able to eat the grain as it worked (cp. 1 Cor 9:9-14; 1 Tim 5:17-18).
Verse 5
25:5 The term rendered duties of a brother-in-law refers to the levirate (Latin for brother-in-law) marriage custom. The brother of a deceased man was encouraged to marry his brother’s widow and father her children so that the name of the dead brother would not be forgotten. For examples of this custom, see Gen 38:6-11; Ruth 3:12-13; 4:1-12; Luke 20:27-33.
Verse 9
25:9 pull his sandal from his foot: Using footwear, which touched the ground, the brother-in-law showed that he relinquished any claim to his dead brother’s estate (Ruth 4:7). • spit in his face: This is an almost universal gesture of utter contempt (see Num 12:14).
Verse 10
25:10 his family will be referred to: If a man refused to perpetuate his brother’s name, he would be spoken of in a derogatory way.
Verse 11
25:11-12 cut off her hand: The woman’s act would emasculate the man, depriving him of (or cutting off from him) any offspring. As with the previous law (25:9), the punishment fits the crime (lex talionis; see study note on 19:21).
Verse 13
25:13-14 You must use accurate scales . . . full and honest measures (Hebrew you must not have stone and stone, large and small, . . . ephah and ephah, large and small): Merchants were not to use two sets of weights and measures for cheating customers—a heavier weight or measure when purchasing goods (thus reducing their own cost) and a lighter one when selling them (thus increasing their own profit).
Verse 17
25:17 The Amalekites were tribal peoples who attacked Israel’s rear flanks during the Sinai wilderness wandering (Exod 17:8-16). They were apparently related to the Edomites (Gen 36:12).
Verse 19
25:19 destroy: God authorized war against his enemies. Later, Samuel commanded Saul to completely destroy the Amalekites, something he only partially accomplished (1 Sam 15). As a result, God rejected Saul as king. • from under heaven: The Amalekites were to be obliterated completely (see study note on Deut 2:34).