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Deuteronomy
Chapter 22

Deuteronomy 22

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¹'Thou dost not see the ox of thy brother or his sheep driven away, and hast hidden thyself from them, thou dost certainly turn them back to thy brother;

²and if thy brother [is] not near unto thee, and thou hast not known him, then thou hast removed it unto the midst of thy house, and it hath been with thee till thy brother seek it, and thou hast given it back to him;

³and so thou dost to his ass, and so thou dost to his garment, and so thou dost to any lost thing of thy brother's, which is lost by him, and thou hast found it; thou art not able to hide thyself.

⁴'Thou dost not see the ass of thy brother, or his ox, falling in the way, and hast hid thyself from them; thou dost certainly raise [them] up with him.

⁵'The habiliments of a man are not on a woman, nor doth a man put on the garment of a woman, for the abomination of Jehovah thy God [is] any one doing these.

⁶'When a bird's nest cometh before thee in the way, in any tree, or on the earth, brood or eggs, and the mother sitting on the brood or on the eggs, thou dost not take the mother with the young ones;

⁷thou dost certainly send away the mother, and the young ones dost take to thyself, so that it is well with thee, and thou hast prolonged days.

⁸'When thou buildest a new house, then thou hast made a parapet to thy roof, and thou dost not put blood on thy house when one falleth from it.

⁹'Thou dost not sow thy vineyard [with] divers things, lest the fulness of the seed which thou dost sow, and the increase of the vineyard, be separated.

¹⁰'Thou dost not plow with an ox and with an ass together.

¹¹'Thou dost not put on a mixed cloth, wool and linen together.

¹²'Fringes thou dost make to thee on the four skirts of thy covering with which thou dost cover [thyself].

¹³'When a man taketh a wife, and hath gone in unto her, and hated her,

¹⁴and laid against her actions of words, and brought out against her an evil name, and said, This woman I have taken, and I draw near unto her, and I have not found in her tokens of virginity:

¹⁵'Then hath the father of the damsel — and her mother — taken and brought out the tokens of virginity of the damsel unto the elders of the city in the gate,

¹⁶and the father of the damsel hath said unto the elders, My daughter I have given to this man for a wife, and he doth hate her;

¹⁷and lo, he hath laid actions of words, saying, I have not found to thy daughter tokens of virginity — and these [are] the tokens of the virginity of my daughter! and they have spread out the garment before the elders of the city.

¹⁸'And the elders of that city have taken the man, and chastise him,

¹⁹and fined him a hundred silverlings, and given to the father of the damsel, because he hath brought out an evil name on a virgin of Israel, and she is to him for a wife, he is not able to send her away all his days.

²⁰'And if this thing hath been truth — tokens of virginity have not been found for the damsel —

²¹then they have brought out the damsel unto the opening of her father's house, and stoned her have the men of her city with stones, and she hath died, for she hath done folly in Israel, to go a-whoring [in] her father's house; and thou hast put away the evil thing out of thy midst.

²²'When a man is found lying with a woman, married to a husband, then they have died even both of them, the man who is lying with the woman, also the woman; and thou hast put away the evil thing out of Israel.

²³'When there is a damsel, a virgin, betrothed to a man, and a man hath found her in a city, and lain with her;

²⁴then ye have brought them both out unto the gate of that city, and stoned them with stones, and they have died: — the damsel, because that she hath not cried, [being] in a city; and the man, because that he hath humbled his neighbour's wife; and thou hast put away the evil thing out of thy midst.

²⁵'And if in a field the man find the damsel who is betrothed, and the man hath laid hold on her, and lain with her, then hath the man who hath lain with her died alone;

²⁶and to the damsel thou dost not do anything, the damsel hath no deadly sin; for as a man riseth against his neighbour and hath murdered him — the life, so [is] this thing;

²⁷for in a field he found her, she hath cried — the damsel who is betrothed — and she hath no saviour.

²⁸'When a man findeth a damsel, a virgin who is not betrothed, and hath caught her, and lain with her, and they have been found,

²⁹then hath the man who is lying with her given to the father of the damsel fifty silverlings, and to him she is for a wife; because that he hath humbled her, he is not able to send her away all his days.

³⁰'A man doth not take his father's wife, nor uncover his father's skirt.

Jamieson-Fausset-Brown
John Gill
Keil-Delitzsch
Matthew Henry
Tyndale

Introduction

OF HUMANITY TOWARD BRETHREN. (Deu 22:1-4) Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them, &c.--"Brother" is a term of extensive application, comprehending persons of every description; not a relative, neighbor, or fellow countryman only, but any human being, known or unknown, a foreigner, and even an enemy (Exo 23:4). The duty inculcated is an act of common justice and charity, which, while it was taught by the law of nature, was more clearly and forcibly enjoined in the law delivered by God to His people. Indifference or dissimulation in the circumstances supposed would not only be cruelty to the dumb animals, but a violation of the common rights of humanity; and therefore the dictates of natural feeling, and still more the authority of the divine law, enjoined that the lost or missing property of another should be taken care of by the finder, till a proper opportunity occurred of restoring it to the owner.

Verse 5

THE SEX TO BE DISTINGUISHED BY APPAREL. (Deu 22:5-12) The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment--Though disguises were assumed at certain times in heathen temples, it is probable that a reference was made to unbecoming levities practised in common life. They were properly forbidden; for the adoption of the habiliments of the one sex by the other is an outrage on decency, obliterates the distinctions of nature by fostering softness and effeminacy in the man, impudence and boldness in the woman as well as levity and hypocrisy in both; and, in short, it opens the door to an influx of so many evils that all who wear the dress of another sex are pronounced "an abomination unto the Lord."

Verse 6

If a bird's nest chance to be before thee--This is a beautiful instance of the humanizing spirit of the Mosaic law, in checking a tendency to wanton destructiveness and encouraging a spirit of kind and compassionate tenderness to the tiniest creatures. But there was wisdom as well as humanity in the precept; for, as birds are well known to serve important uses in the economy of nature, the extirpation of a species, whether of edible or ravenous birds, must in any country be productive of serious evils. But Palestine, in particular, was situated in a climate which produced poisonous snakes and scorpions; and the deserts and mountains would have been overrun with them as well as immense swarms of flies, locusts, mice, and vermin of various kinds if the birds which fed upon them were extirpated [MICHAELIS]. Accordingly, the counsel given in this passage was wise as well as humane, to leave the hen undisturbed for the propagation of the species, while the taking of the brood occasionally was permitted as a check to too rapid an increase.

Verse 8

thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence--The tops of houses in ancient Judea, as in the East still, were flat, being composed of branches or twigs laid across large beams, and covered with a cement of clay or strong plaster. They were surrounded by a parapet breast high. In summer the roof is a favorite resort for coolness, and accidents would frequently happen from persons incautiously approaching the edge and falling into the street or court; hence it was a wise and prudent precaution in the Jewish legislator to provide that a stone balustrade or timber railing round the roof should form an essential part of every new house.

Verse 9

Thou shalt not sow thy vineyard with divers seeds--(See on Lev 19:19).

Verse 10

Thou shalt not plough with an ox and an ass together--Whether this association, like the mixture of seeds, had been dictated by superstitious motives and the prohibition was symbolical, designed to teach a moral lesson (Co2 6:14), may or may not have been the case. But the prohibition prevented a great inhumanity still occasionally practised by the poorer sort in Oriental countries. An ox and ass, being of different species and of very different characters, cannot associate comfortably, nor unite cheerfully in drawing a plough or a wagon. The ass being much smaller and his step shorter, there would be an unequal and irregular draft. Besides, the ass, from feeding on coarse and poisonous weeds, has a fetid breath, which its yoke fellow seeks to avoid, not only as poisonous and offensive, but producing leanness, or, if long continued, death; and hence, it has been observed always to hold away its head from the ass and to pull only with one shoulder.

Verse 11

thou shalt not wear a garment of divers sorts--The essence of the crime (Zep 1:8) consisted, not in wearing a woollen and a linen robe, but in the two stuffs being woven together, according to a favorite superstition of ancient idolaters (see on Lev 19:19).

Verse 12

thou shalt make thee fringes upon the four quarters--or, according to some eminent biblical interpreters, tassels on the coverlet of the bed. The precept is not the same as Num 15:38.

Verse 13

If a man take a wife, &c.--The regulations that follow might be imperatively needful in the then situation of the Israelites; and yet, it is not necessary that we should curiously and impertinently inquire into them. So far was it from being unworthy of God to leave such things upon record, that the enactments must heighten our admiration of His wisdom and goodness in the management of a people so perverse and so given to irregular passions. Nor is it a better argument that the Scriptures were not written by inspiration of God to object that this passage, and others of a like nature, tend to corrupt the imagination and will be abused by evil-disposed readers, than it is to say that the sun was not created by God, because its light may be abused by wicked men as an assistant in committing crimes which they have meditated [HORNE]. Next: Deuteronomy Chapter 23

Introduction

INTRODUCTION TO DEUTERONOMY 22 In this chapter are various laws, concerning care of a neighbour's cattle gone astray or in distress, and of anything lost by him, Deu 22:1, forbidding one sex to wear the apparel, of another, Deu 22:5 and the taking away of the dam with the young found in a bird's nest, Deu 22:6, ordering battlements to be made in a new house, Deu 22:8, prohibiting mixtures in sowing, ploughing, and in garments, Deu 22:9, requiring fringes on the four quarters of a garment, Deu 22:12, fining a man that slanders his wife, upon producing the tokens of her virginity, Deu 22:13 but if these cannot be produced, then orders are given that she be put to death, Deu 22:20, then follow other laws, punishing with death the adulterer and adulteress, and one that hath ravished a betrothed damsel, Deu 22:22, amercing a person that lies with a virgin not betrothed and she consenting, and obliging him to marry her, and not suffering him to divorce her, Deu 22:28 and another against a man's lying with his father's wife, Deu 22:30.

Verse 1

Thou shall not see thy brother's ox or his sheep go astray,.... Or "driven away" (r); frightened and starved away from the herd or from the flock by a wolf or dog; and the ox and sheep are put for every other creature a man has, as camels, asses, &c. which last sort is after mentioned; and a brother means not one in the natural relation of kindred only, for it is supposed, in the next verse, that he might not only be at a distance, but unknown; nor by religion only, or one of the commonwealth or church of the Jews, for what is enjoined is a piece of humanity the law of nature requires and directs unto, and is even to be done to enemies, Exo 23:4 and hide thyself from them; make as if he did not see them, and so be entirely negligent of them, and takes no care and show no concern about them, but let them go on wandering from the herd and flock from whence they were driven, and to which they cannot find the way of themselves: thou shalt in any case bring them again to thy brother: to his herd or flock, or to his house, and deliver them into his own hands, or to the care of his servants. (r) "expulsos", Montanus; "impulsos", Munster; "depulsos", Piscator.

Verse 2

And if thy brother be not nigh unto thee,.... Does not live in the same neighbourhood, but at some considerable distance; so that he cannot soon and easily be informed of his cattle, or they be sent to him: or if thou know him not; the owner of them, what is his name, or where he lives: then thou shall bring it into thine house; not into his dwelling house, but some out house, barn, or stable: and it shall be with thee; remain in his custody, and be taken care of by him; and, as the Targum of Jonathan says, "be fed and nourished by him"; for, according to the Jewish canon (s), whatsoever could work and eat, that should work and eat, and whatsoever did not work and eat was to be sold; for which there was a set time, as the commentators say (t), for large cattle, as oxen, twelve months; for lesser cattle, as sheep, goats, &c. three months, here it is fixed: until thy brother seek after it; though in the mean while the finder was to make use of means, whereby the owner might be informed of it; for whatsoever was lost, in which were marks and signs by which inquiries might be made, were to be proclaimed (u); (and it is asked) how long a man was obliged to proclaim? until it was known to his neighbours; same say (he must proclaim it) at three feasts, and seven days after the last feast, so that he may go home three days, and return three days, and proclaim one day; if (the owner) tells what is lost, but does not tell the marks or signs, he may not give it him; and a deceiver, though he tells the signs, he may not give it him, as it is said, "until thy brother seek after it"; until thou inquirest of thy brother whether he is a deceiver or not: and elsewhere it is said (w), formerly if a man lost anything, and gave the signs or marks of it, he took it; but after deceivers increased, it was ordered to be said to him, bring witnesses that thou art not a deceiver, and take it; and in the same place it is observed, that there was at Jerusalem a stone, called Eben Toim, "the stone of strays", and whoever had lost or found anything repaired thither, and gave the signs and marks of it, and took it: and thou shalt restore it to him again; he having made it fully to appear to be his, and having defrayed all expenses in advertising and keeping it; but if no owner appear to claim it, or not to satisfaction, the finder was to keep it as his own; but otherwise he was by all means to restore it, or, as in Deu 23:1 "in restoring thou shalt restore them" (x), that is, certainly restore them; and continually wherever it so happens: the Jewish canon is (y),"if he restores it, and afterwards it strays away, and he restores it again and it strays away, even though four or five times, he is bound to restore it; as it is said, "in restoring thou shalt restore them"; Maimonides says (z), that even an hundred times he is bound to restore them.'' (s) Misn. Bava Metzia, c. 2. sect. 7. (t) Maimon. & Bartenora in ib. (u) Misn. ib. sect. 5, 6, 7. (w) T. Bab. Bava Metzia, fol. 28. 2. (x) "reducendo reduces eos", Pagninus, Montanus. (y) Misn. ut supra, (s)) sect. 9. (z) Hilchot Gazelah ve abadah, c. 11. sect. 14.

Verse 3

In like manner shall thou do with his ass,.... As with his ox or sheep when astray, and found, keep it until it is owned, and then restore it; this is expressly mentioned in Exo 23:4. and so shalt thou do with his raiment; if that is lost and found, it must be restored to the owner, he describing it; a garment is particularly mentioned, it is said (a), because in every garment there is a mark or sign by which the owners can inquire about it; for it is made by the hands of men, and does not come from anything common: and with all lost things of thy brother's, which he hath lost, and thou hast found, shalt thou do likewise: this comprehends everything that is lost, that is properly so; it is asked (b);"what is a lost thing? if a man finds an ox or a cow feeding in the way, this is not a lost thing; an ass whose instruments are inverted, and a cow running among the vineyards, this is a lost thing:" thou mayest not hide thyself: from seeing it and taking care of it, in order to restore it to the right owner; or dissemble a sight of it, and pretend he never saw it, and so entirely neglect it. In some instances the Jews allow they were not obliged to take any notice or care of it, as,"if a man find a cow in a cow house (which is not shut), he is not obliged (to take care of it); if in a public place, he is obliged; if it is in a burying ground he may not defile himself for it (c).'' (a) Bartenora in Misn. Bava Metzia, c. 2. sect. 5. (b) Misn. ib. sect. 9. (c) Ib. sect. 10.

Verse 4

Thou shall not see thy brother's ox or his ass fall down by the way,.... And lie under his burden, not being able to rise with it of himself, nor with all the assistance about it, without further help: and hide thyself from them; cover thine eyes, or turn them another way, and make as if thou didst not see them in distress: thou shalt surely help him to lift them up again; that is, help the brother and owner of it, the ox and ass; assist him in getting them up again, and lay on their burden, and fasten them aright, which either were rolled off by the fall, or were obliged to be taken off in order to raise them up; and if this was to be done for an enemy, then much more for a brother, as is required; see Gill on Exo 23:5, or "lifting up, thou shall lift them up with him" (d); that is, most certainly do it, and lift with all his strength, and as often as there is occasion; if they fell down again after raised up, help is still to be continued, even, as Maimonides (e) says, though it was an hundred times. (d) "erigendo eriges", Pagninus, Montanus. (e) Hilchot Rotzeach, c. 13. sect. 5.

Verse 5

The woman shall not wear that which pertaineth unto a man,.... It being very unseemly and impudent, and contrary to the modesty of her sex; or there shall not be upon her any "instrument of a man" (f), any utensil of his which he makes use of in his trade and business; as if she was employed in it, when her business was not to do the work of men, but to take care of her house and family; and so this law may be opposed to the customs of the Egyptians, as is thought, from whom the Israelites were lately come; whose women, as Herodotus (g) relates, used to trade and merchandise abroad, while the men kept at home; and the word also signifies armour (h), as Onkelos renders it; and so here forbids women putting on a military habit and going with men to war, as was usual with the eastern women; and so Maimonides (i) illustrates it, by putting a mitre or an helmet on her head, and clothing herself with a coat of mail; and in like manner Josephus (k) explains it,"take heed, especially in war, that a woman do not make use of the habit of a man, or a man that of a woman;''nor is he to be found fault with so much as he is by a learned writer (l), since he does not restrain it wholly to war, though he thinks it may have a special regard to that; for no doubt the law respects the times of peace as well as war, in neither of which such a practice should obtain: but the Targum of Jonathan very wrongly limits it to the wearing fringed garments, and to phylacteries, which belonged to men: neither shall a man put on a woman's garment; which would betray effeminacy and softness unbecoming men, and would lead the way to many impurities, by giving an opportunity of mixing with women, and so to commit fornication and adultery with them; to prevent which and to preserve chastity this law seems to be made; and since in nature a difference of sexes is made, it is proper and necessary that this should be known by difference of dress, or otherwise many evils might follow; and this precept is agreeably to the law and light of nature: it is observed by an Heathen writer (m), that there is a twofold distribution of the law, the one written, the other not written; what we use in civil things is written, what is from nature and use is unwritten, as to walk naked in the market, or to put on a woman's garment: and change of the clothes of sexes was used among the Heathens by way of punishment, as of the soldiers that deserted, and of adulteresses (n); so abominable was it accounted: indeed it may be lawful in some cases, where life is in danger, to escape that, and provided chastity is preserved: for all that do so are an abomination to the Lord thy God; which is a reason sufficient why such a practice should not be used. Some from this clause have been led to conclude, that respect is had to some customs of this kind used in idolatrous worship, which are always abominable to the Lord. So Maimonides (o) observes, that in a book of the Zabians, called "Tomtom", it is commanded, that a man should wear a woman's garment coloured when he stood before the star of Venus, and likewise that a woman should put on a coat of mail and warlike armour when she stood before the star of Mars; which he takes to be one reason of this law, though besides that he gives another, because hereby concupiscence would be excited, and an occasion for whoredom given: that there was some such customs among the Heathens may be confirmed from Macrobius (p), and Servius (q) as has been observed by Grotius; the former of which relates, that Philochorus affirmed that Venus is the moon, and that men sacrificed to her in women's garments, and women in men's; and for this reason, because she was thought to be both male and female; and the latter says, there was an image of Venus in Cyprus with a woman's body and garment, and with the sceptre and distinction of a man, to whom the men sacrificed in women's garments, and women in men's garments; and, as the above learned commentator observes, there were many colonies of the Phoenicians in Cyprus, from whom this custom might come; and to prevent it obtaining among the Israelites in any degree, who were now coming into their country, it is thought this law was made; for the priests of the Assyrian Venus made use of women's apparel (r), and in the feasts of Bacchus men disguised themselves like women (s). (f) "instrumentum virile", Pagninus, Junius et Tremellius; "instrumentum viri", Vatablus. (g) Euterpe, sive, l. 2. c. 35. (h) "Arma viri", Munster. (i) Hilchot Obede Cochabim, c. 12. sect. 10. (k) Antiqu. l. 4. c. 8. sect. 43. (l) Cunaeus de Repub. Heb. l. 2. c. 22. (m) Laert. Vit. Platonis, l. 3. p. 238. (n) Cunaeus ut supra. (l)) (o) Moreh Nevochim, par. 3. c. 37. (p) Saturnal. l. 3. c. 8. (q) In Virgil. Aeneid. l. 2. (r) Jul. Firmic. de Relig. Prophan. p. 6. (s) Lucian.

Verse 6

If a bird's nest chance to be before thee in any tree, or on the ground,.... Which are the usual places in which birds build their nests; and this, as Jarchi observes, excepts such nests that are prepared, that is, that are purposely made for fowls kept at home; and with which agrees the Jewish canon, which says (t)"the letting go (the dam out of) the nest is not used but of a fowl, and it is not used but of what is not prepared; what is that which is not prepared? such as geese and hens, whose nest is in an orchard; but if their nest is in the house, and so doves kept at home, a man is free from letting (the dam) go;''that is, he is not obliged to let it go; and this is to be understood of clean birds only; so the Targum of Jonathan,"the nests of clean birds;''agreeably to the same canons and the explanation of them (u),"an unclean bird is free from letting go; so an unclean bird, that sits upon the eggs of a clean bird, also a clean bird that sits upon the eggs of an unclean bird, are free from letting go,''or persons are not obliged to let such go: whether they be young ones or eggs; that are in the nest; and the Jewish canon is (w),"if there is but one young one, or one egg, a man is obliged to let go the dam, as it is said a nest: a nest is a word of a large sense:" and the dam sitting upon the young or upon eggs, thou shalt not take the dam with the young; according to the above canon,"if she is flying at the time her wings reach the nest, a man is bound to let her go; but if her wings touch not the nest, he is free from letting her go--if the young ones are capable of flying, or the eggs rotten, he is free from letting her go, as it is said, and the dam sitting, &c. as the young are alive, so the eggs must be firm and sound, rotten ones are excepted; and as eggs have need of their dam, so the young have need of their dam; those (therefore) that can fly are excepted:''the dam is not to be taken with her young upon any account; yea, it is said (x), not even to cleanse a leper; and whoever does take her is to be beaten: this law was made partly to preserve the species of birds, and prevent the decrease of them; for a dam let go might breed again, and to this purpose are the verses ascribed to Phocylides (y), which contain the substance of this law, and this reason of it: and partly, as Maimonides observes (z), that the dam might not be afflicted at the sight of the spoil of her young; for this law does not prohibit the taking of her in any other place but in her nest, nor after her young are taken, but not together; and, as the same writer remarks, if the law would have such care taken of beasts and birds, that they might be freed from sorrow and distress, how much more of man? Wherefore the intention of this law is to teach humanity, compassion, and pity in men to one another, and to forbid cruelty, covetousness, and such like vices; as also to instruct in the doctrine of Providence, which has a respect to birds; and our Lord may be thought to have this law in view, Luk 12:6. (t) Misn. Cholin, c. 12. sect. 1. (u) Ib. sect. 2. (w) Ib. sect. 3. (x) Misn. Cholin, c. 12. sect. 5. (y) , &c. Poem. admon. l. 80, 81. (z) Moreh Nevochim, par. 3. c. 48.

Verse 7

But thou shall in any wise let the dam go, and take the young to thee,.... Or "in letting go, let go", or "in sending, send away" (a); that is, willingly, certainly, entirely, frequently, always; so the Jewish canons (b),"if anyone lets her go, and she returns, even four or five times, he is obliged to let her go, as it is said, "in letting go, let go";''nay, Maimonides says (c), even a thousand times; the canon proceeds,"if anyone says, lo, I take the dam and let go the young, he is obliged to let her go; if he takes the young, and returns them again to the nest, and after that returns the dam to them, he is free from letting her go;" that it may be well with thee, and that thou mayest prolong thy days; the Targum of Jonathan is,"that it may be well with thee in this world, and thou mayest prolong thy days in the world to come:''the same blessing that is promised to observers of the fifth command, which is one of the weightier matters of the law, is made to this; which the Jews say (d) is but as the value of a farthing, or of little account in comparison of others; wherefore, as Fagius rightly observes (e), God, in bestowing such rewards, has regard not to the works of men, but to his own grace and kindness; for what merit can there be in letting go or preserving the life of a little bird? (a) "dimittendo dimittes", Pagninus, Montanus, Vatablus; so Ainsworth. (b) Misn. Cholin, c. 12. sect. 3. (c) In Misn. ib. (d) Misn. ib. sect. 5. (e) In loc.

Verse 8

When thou buildest a new house,.... Which is to be understood of a house to dwell in, not of a granary, barn, or stable, or such like, and every house that is not four cubits square, as Maimonides observes (f): then thou shalt make a battlement for thy roof; in the Talmud (g) it is asked, what is the meaning of, or why is it said, "thy roof?" to except synagogues and schools; the gloss upon which is, synagogues, &c. do not belong to any single person, and besides are no dwelling place. A battlement, as Jarrift describes it, was a fence round the roof; or, as more fully described by Kimchi (h), it was an edifice made for a roof round about it, ten hands high, or more, that a person might not fall from it; so Ben Melech from him. The reason of this law was, because the roofs of houses in those countries were flat, on which they used to walk for diversion and recreation, or retire for devotion, meditation, prayer, and social conversation; such they were in the times of the Canaanites, Jos 2:6 and in the times of Saul and David, Sa1 9:25 and in the times of the New Testament; See Gill on Mat 10:27; see Gill on Mat 24:17; see Gill on Mar 2:4; see Gill on Act 10:9, and so in later times, and to this day. Rauwolff (i), traveller in those parts, relates, that at Tripoli in Phoenicia,"they have low houses, ill built, and flat at the top, as they are generally in the east; for they cover their houses with a flat roof or floor, so that you may walk about as far as the houses go, and the neighbours walk over the tops of their houses to visit one another; and sometimes in the summer they sleep on the top of them.''Now to prevent falling from thence, and mischief thereby, such a battlement as before described was ordered: that thou bring not blood upon thy house; be not the occasion of blood being shed, or contract guilt of blood through negligence of such a provision the law directs to, the guilt of manslaughter, or of shedding innocent blood in thy house, as the Targums of Jonathan and Jerusalem; hence the Talmudists (k) extend this to other things, and by this law also they suppose men are bound to guard against all dangers in any other way; as if a man had a well or pit of water in his courtyard, he ought either to put a cover over it, or to make a fence round it as high as this battlement (l): if any man fall from thence; that is, if a man walking on the roof of an house should make a slip or a false step, and stumble and reel, and so be falling, and fall from thence; which might have been prevented, even his falling from thence or to the ground, if such a battlement had been made. (f) Hilchot Rotzeach, c. 11. sect. 1. (g) T. Bab. Cholin, fol. 136. 1. So Maimonides, ib. sect. 2. (h) Sepher Shorash. rad. (i) Travels, par. 1. c. 2. p. 17. Ed. Ray. (k) T. Bab. Bava Kama, fol. 15. 2. (l) Maimon. Hilchot Rotzeach, c. 11. sect. 4.

Verse 9

Thou shall not sow thy vineyards with divers seeds,.... As wheat and barley between the rows of the vines; and this is to be understood only of divers sorts of corn, and of divers sorts of herbs, but not of trees; hence we read of a fig tree in a vineyard, Luk 13:6, and this only respects what is sown with design, and not what is casual, as the Jews interpret it (e);"if a man passes through a vineyard, and seeds fall from him, or they are carried out along with dung, or with water; or when a man is sowing, and a storm of wind carries it behind him (i.e. to a vineyard behind him), it is lawful;''that is, it may be let grow, and the fruit of it enjoyed; the same here is said of the vineyard as of the field in See Gill on Lev 19:19, lest the fruit of thy seed which thou hast sown, and the fruit of thy vineyard; be defiled; that is, lest not only the increase of these divers seeds sown, but also the increase of the vines among which they are sown, become unlawful, and unfit for use, and so a loss of all be sustained: the Targum of Jonathan is,"lest it be condemned to burning;''or thou art obliged to burn it; for, according to the Jewish canons (f), the mixtures of a vineyard, or the divers seeds of it, and the increase thereof, were to be burnt; and the commentators of the Misnah (g) frequently explain this phrase by "lest it be burnt". (e) Misn. Celaim, c. 5. sect. 7. (f) Misn. Temurah, c. 7. sect. 5. (g) Maimon. & Bartenora in Misn. Terumot, c. 10. sect. 6. Orla, c. 3. sect. 7. Kiddushin, c. 2. sect. 9.

Verse 10

Thou shalt not plough with an ox and an ass together,.... They might be used separately, but not together; nor was it uncommon in some countries for asses to be employed in ploughing as well as oxen. Pliny (h) makes mention of some fruitful land in Africa, which when it was dry weather could not be ploughed by oxen, but after showers of rain might be ploughed by a mean little ass; so Leo Africanus (i) says, the Africans only use horses and asses in ploughing. The reason why they were not to be put together was either (as some think) lest the law should be broken which forbids the gendering of cattle with a divers kind, Lev 19:19 but Aben Ezra thinks the reason is, because the strength of an ass is not equal to the strength of an ox; and therefore he supposes this law is made from the mercy and commiseration of God extended to all his creatures; though perhaps the better reason is, because the one was a clean creature, and the other an unclean, and this instance is put for all others; and with which agree the Jewish canons, which run thus,"cattle with cattle, wild beasts with wild beasts, unclean with unclean, clean with clean (i.e. these may be put together); but unclean with clean, and clean with unclean, are forbidden to plough with, to draw with, or to be led together (k).''The mystery of this is, that godly and ungodly persons are not to be yoked together in religious fellowship: see Co2 6:14. (h) Nat. Hist. l. 17. c. 5. (i) Descriptio Africae, l. 2. p. 104. (k) Misn. Celaim, c. 8. sect. 2.

Verse 11

Thou shalt not wear a garment of divers sorts,.... The Jews say nothing is forbidden under the name of sorts but what is spun and wove, as it is said, "thou shalt not wear sheatnez", a thing that is carded, spun, and wove (l); which Ainsworth translates "linsie woolsie", and is explained by what follows: as "of woollen and linen together"; of which See Gill on Lev 19:19, whereas Josephus (m) observes, this was granted to the priests only to wear such garments. Bochart (n) affirms it to be false; but that great man is mistaken; the blue, purple, and scarlet, in the priests' garments, were no other than dyed wool; and it is a sentiment in general received by the Jews, that the priests wore no other but woollen and linen in their service; see the note on the above place; otherwise this law is so strictly observed, as not, to sew a woollen garment with linen thread, and so on the contrary (o). (l) Misn. Celaim. c. 9. sect. 8. (m) Antiqu. l. 4. c. 8. sect. 11. (n) Hierozoic. par. 1. l. 2. c. 45. col. 491. (o) Leo Modena's History of Rites, &c. l. 1. c. 5.

Verse 12

Thou shalt make thee fringes,.... Though a different word is here used from that in Num 15:38, yet the same things are intended, and Onkelos translates both by one and the same word, and which is no other than a corruption of the Greek word used in Mat 23:5. Though there have been some, whom Aben Ezra takes notice of, who supposed that this is a law by itself, and to be observed in the night, as that in Num 15:38 was in the day; but these he warmly opposes, and calls them liars: upon the four quarters of thy vesture, wherewith thou coverest thyself; upon the four skirts of the uppermost vesture, called Talith; See Gill on Num 15:38.

Verse 13

If any man take a wife, and go in unto her, and hate her. That is, marries a wife, and cohabits with her as man and wife, and after some time dislikes her, and is desirous of parting with her, and therefore takes the following wicked method to obtain it: this is to be understood of a virgin taken to wife, as the Targum of Jonathan explains it; and what follows confirms it. If any man take a wife, and go in unto her, and hate her. That is, marries a wife, and cohabits with her as man and wife, and after some time dislikes her, and is desirous of parting with her, and therefore takes the following wicked method to obtain it: this is to be understood of a virgin taken to wife, as the Targum of Jonathan explains it; and what follows confirms it. Deuteronomy 22:14 deu 22:14 deu 22:14 deu 22:14And give occasions of speech against her,.... Among her neighbours, who by his behaviour towards her, and by what he says of her, will be led in all company and conversation to traduce her character, and speak of her as a very bad woman: and bring up an evil name upon her; take away her good name, and give her a bad one; defame her, and make her appear scandalous and reproachful to all that know her: though the Jews understand this not of private slander, but of bringing an action against her in a public court of judicature, the substance of which follows: "and say, I took this woman, and when I came to her, I found her not a maid"; the sense is, that he had married her, and when he came to cohabit with her as man and wife, it appeared to him that she was vitiated, and not a pure virgin. This is the charge in court against her, the action laid by him; so Jarchi observes, a man might not say this but before a magistrate, in a court of judicature, which is thus represented by Maimonides (p);"a man comes to the sanhedrim, and says, this young woman I married, and I did not find her virginities; and when I inquired into the matter, it appeared to me that she had played the whore under me, after I had betrothed her; and these are my witnesses that she played the whore before them.'' (p) Hilchot Naarah Betulah, c. 3. sect. 6.

Verse 14

Then shall the father and the mother of the damsel take,.... Power from the court, according to the Targum of Jonathan; having leave and licence granted them to do what follows, these were to, and would, concern themselves in such an affair, partly for the credit and reputation of their child, and partly for their own honour, who were in danger, as Jarchi observes, of coming into contempt for their ill education of her: and bring forth the tokens of the damsel's virginity; the sheet she lay in when she first bedded with her husband, in her parents' possession, and kept by them as a witness of her purity, should there ever be any occasion for it: and which were to be brought unto the elders of the city in the gate; which sat in the gate of the city to try causes: the Targum of Jonathan calls it the gate of the sanhedrim, or court of judicature; and, according to Maimonides (q), this court was the court of twenty three judges; for this was a capital crime accused of, a cause relating to life and death, which could not be heard and tried in a lesser court. (q) Hilchot Naarah Betulah, c. 3. sect. 3.

Verse 15

And the damsel's father shall say unto the elders,.... Not her mother; hence we learn, says Jarchi, that a woman has not power (or is not allowed) to speak before men; that is, in public see Co1 14:34 and it was most proper for a father to appear in court for her, and defend her; and if she had no parents living then, those that brought her up, her guardians, that had the education of her, and placing her out in marriage, were to undertake her cause; or, as Josephus (r) says, those that were next akin to her; or, as, Aben Ezra, one appointed by the court: I gave my daughter unto this man to wife; and, by the Jewish canons (s), a man might give his daughter in marriage, but a woman might not: and he hateth her; has taken a dislike to her, and wants to be rid of her, and therefore has brought this infamous action against her. (r) Antiqu. l. 4. c. 8. sect. 23. (s) Misn. Sotah, c. 3. sect. 8.

Verse 16

And, lo, he hath given occasion of speech against her,.... In the neighbourhood where they dwell; has been the cause of persons speaking reproachfully of her, as one of ill fame: saying, l found not thy daughter a maid; so that it seems he said this not only to his neighbours, and before a court of judicature, but to the parents of the damsel: and yet these are the tokens of my daughter's virginity; which were brought with him, and produced in open court: and they shall spread the cloth before the elders of the city; that they might have ocular proof and evidence of the truth of what he said, by having spread before them the sheet stained with the blood of her virginity upon her husband's first congress with her. It seems that the mother, as well as the father, were present and concerned in this action: for it is said, "they shall spread"; and though the mother might not speak, she was the proper person to bring this cloth and spread it; and indeed it was particularly in her care and keeping; for we are told (t), that two persons, called "the friends" of the bride and bridegroom, went first into their bedchamber, and thoroughly examined the bed, whether there was anything relating to the sign of virginity, by which one might impose upon another; and they stood all night keeping watch with great joy and cheerfulness, as if they had been the guards of a king and queen; (to which is thought the allusion is in Joh 3:29) their business was, when the bridegroom and bride came out, to rush in immediately, and examine all things again; and knowing and owning the former linen sheets in which they had lain, took them and delivered them to the mother. Nor need spreading such a cloth before the court be thought unlikely because of the indecency of it, when it is observed that persons and things much more filthy came under the cognizance and examination of the priests, as leprous, menstruous, and profluvious persons, and their respective disorders; nor is it at all improbable that there should be such evident tokens as are said to be given, when it is observed, especially of the Jewish women, at what a tender age they were marriageable, and were frequently married, namely, when twelve years and one day old. And the Africans, as we are told (u), have a custom with them similar to this at a wedding;"a feast is prepared, and a certain woman waits without, until the bride is lain with; and then a linen cloth, stained with blood, is reached out to her, which she carries in her hands, and shows to the guests, crying out with a loud voice that this was a virgin hitherto not corrupt; then she, with other women, are splendidly received, first by the parents of the bridegroom, and then of the bride; but if she does not appear to be a virgin, she is returned to her parents under the disgrace of all, and the marriage made null and void.''Indeed there are some Jewish writers, that interpret this cloth in a parabolical and allegorical sense, and understand by it witnesses that; would make the case as clear and plain as the spreading out a cloth or garment. They suppose that before the damsel was lain with she was examined by several matrons, who declaring her to be a virgin, gave it under their hands in writing to her parents, which they were capable of producing in court when there was occasion for it; so Jarchi says, this is a parable; the meaning is, they made things as clear and as plain as a new cloth; with which agrees the Talmud (w) he seems to have taken it from, where on these words, and they shall spread the cloth, this remark is made; but the literal sense seems best. (t) Nachman. apud Fagium in loc. Schindler. Lex: Pentaglott. col. 260, 261. (u) Joan. Leon. Descript. Africae, l. 3. p. 325. (w) T. Bab. Cetubot, fol. 46. 1.

Verse 17

And the elders of that city shall take the man, and chastise him. Not with words, but blows. Jarchi interprets it of beating, and so does the Talmud (x); and both the Targums of Onkelos and Jonathan render it,"shall beat him;'' that is, with the beating or scourging of forty stripes, save one. (x) T. Bab. Cetubot, fol. 46. 1.

Verse 18

And they shall amerce him in an hundred shekels of silver,.... Which was about twelve pounds of our money; this was double the dowry he would have been obliged to have given her, if he had put her away; which he might have done with less trouble, and with a greater certainty of being rid of her; but being willing to save that expense, took this wicked method to accuse her falsely; and therefore is fined double that sum: and give them unto the father of the damsel; as a sort of satisfaction or reparation for the scandal brought upon him and his family; if the damsel was fatherless, Maimonides (y) says, she was to have them herself: because he hath brought up an evil name upon a virgin in Israel: defamed her among her neighbours and acquaintance, or brought a false accusation against her in court; alleging she was not a virgin when he married her, when she was one, which was a very great injury to her character: and she shall be his wife, he may not put her away all his days: and so he was disappointed in his view of getting rid of her, and obliged to retain her as his wife, though hated, and was not suffered to divorce her as long as he lived; which was permitted and connived at in other men, and which he might have done before, without bringing such a charge against her; all which must be very mortifying to him, as to be whipped, to pay a fine, keep his wife, and not allowed ever to divorce her. (y) Hilchot Naarah Betulah, c. 3. sect. 1.

Verse 19

But if this thing be true,.... Which the husband of the damsel laid to her charge, that she was no virgin when married to him, and she had committed whoredom, of which there was plain proof: and the tokens of virginity be not found for the damsel; by her parents, or those who had the care of her; or no sufficient reason could be assigned for the want of them, through any family defect, or any disorder of her own; which, as Maimonides (z) says, the judges were to inquire into. (z) Hilchot Ishot, c. 11. sect. 12.

Verse 20

Then they shall bring out the damsel to the door of her father's house,.... For his greater disgrace, and as a sort of punishment for his neglect of her education, not taking care to instruct her, and bring her up in a better manner: and the men of her city shall stone her with stones, that she die; which was the death this sort of adulteresses were put to; others was by strangling, and the daughter of a priest was to be burnt; see Lev 20:10, which shows that this sin was committed by her after her espousals, as Jarchi and Aben Ezra note; or otherwise it would have been only simple fornication, which was not punishable with death: because she hath wrought folly in Israel: a sin, as all sin is folly, and especially any notorious one, as this was; and which is aggravated by its being done in Israel, among a people professing the true religion, and whom God had chosen and separated from all others to be a holy people to himself: to play the whore in her father's house; where she continued after her espousals, until she was taken to the house of her husband, to consummate the: marriage; and between the one and the other was this sin committed, and which is another reason for her execution at the door of her father's house: so shalt thou put evil away from among you; deter others from it by such an example, and remove the guilt of it from them, which otherwise would lie upon them, if punishment was not inflicted; the Targum of Jonathan interprets it of the putting away of her that did the evil.

Verse 21

If a man be found lying with a woman married to an husband,..... This law respects adultery, and is the same with that in Lev 20:10. then they shall both of them die; with the strangling of a napkin, as the Targum of Jonathan, which is the death such persons were put to; and is always meant when death is simply spoken of, and it is not specified what death; See Gill on Lev 20:10, both the man that lay with the woman, and the woman; they were both to die, and to die the same death: so shalt thou put away evil from Israel; such that do it, as the above Targum; See Gill on Deu 22:21.

Verse 22

If a damsel that is a virgin be betrothed unto an husband,.... But not married, not as yet brought home to her husband's house, and the marriage consummated; for the Jews distinguish between being betrothed or espoused, and married; and generally there was some time between the one and the other. And a wife was obtained in this way by three things; by money, which was the most usual; and by writing, which was to be done before witnesses, and with her consent; and by copulation, which, though valid, was not so much approved of (a). There is a whole treatise in the Misnah, called Kiddushin, or Espousals, which largely treats of this matter: and a man find her in the city, and lie with her; with her consent, as might be presumed by her not crying out, when, had she, she might have been heard, being in a city; and her being there also makes against her, since, being betrothed to a man, she ought to have abode in her father's house till her husband fetched her home, and not to have gadded abroad in the city, where she was exposed to temptation. (a) Misn. Kiddushin, c. 1. sect. 1.

Verse 23

Then ye shall bring them both out unto the gate of the city,.... Where the fact was committed; the Targum of Jonathan is,"to the gate of the court of judicature, which is in that city:" and ye shall stone them with stones, that they die; a man that lay with a married woman, he and she were to be strangled; but this sort of adulterers and adulteresses were to be stoned, and it is thought that of this sort was the woman spoken of in Joh 8:3, the damsel because she cried not, being in the city, and the man because he hath humbled his neighbour's wife; as she was by espousal, by contract, by promise, and so was guilty of adultery, which was punishable with death: so thou shall put away evil from among you; see Deu 22:21.

Verse 24

But if a man find a betrothed damsel in the field,.... Alone, and where she might cry out, and none hear, nor were any to help her: and a man force her, and lie with her; or "take fast and strong hold on her" (b); so that she is not able to get out of his hands, and make her escape, he being stronger than she, and so commits a rape upon her: then the man only that lay with her shall die; he being guilty of adultery, in lying with a woman espoused to another man, but not she, because she consented not to it. (b) "et apprehenderit (in) eam", Pagninus, Montanus; "et apprehendens eam", Piscator.

Verse 25

But unto the damsel thou shalt do nothing,.... Neither fine her, nor beat her, and much less punish her with death: there is in the damsel no sin worthy of death; because what was done to her was done without her will and consent, and was what she was forced to submit unto; but the Targum of Jonathan adds, that the man to whom she was betrothed might dismiss her from himself by a bill of divorce: for as when a man riseth against his neighbour, and slayeth him, even so is this matter; as when a man comes unawares upon another, and lays hold on him, and kills him, being stronger than he, and none to help; so is the case of a woman laid hold on by a man in a field, and ravished by him, where no help could be had; and depriving a woman of her chastity is like taking away a man's life; from this passage Maimonides (c) concludes, that impurities, incests, and adulteries, are equal to murder, to capital cases relating to life and death. (c) Hilchot Yesode Hattorah, c. 5. sect. 10.

Verse 26

For he found her in the field,.... Which is a circumstance in her favour, from which it might he presumed that she was forced, and did not consent; for had the sin been committed by agreement, they would doubtless have betook themselves to another place: and the betrothed damsel cried as it might be concluded from the above circumstance she did, and as she herself declared, and which he could not gainsay, or however disprove: and there was none to save her; to help her against him, and deliver her out of his hands.

Verse 27

If a man find a damsel that is a virgin, which is not betrothed,.... That is, meets with one in a field, which is not espoused to a man; and the man is supposed to be an unmarried man, as appears by what follows: and lay hold on her, and lie with her, she yielding to it, and so is not expressive of a rape, as Deu 22:25 where a different word from this is there used; which signifies taking strong hold of her, and ravishing her by force; yet this, though owing to his first violent seizure of her, and so different from what was obtained by enticing words, professions of love, and promises of marriage, and the like, as in Exo 22:16 but not without her consent: and they be found; in the field together, and in the fact; or however there are witnesses of it, or they themselves have confessed, it, and perhaps betrayed by her pregnancy.

Verse 28

Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, For the abuse of his daughter; and besides this was obliged to give her her dowry also, as Philo (d) says, which is commonly said to be fifty more: and she shall be his wife; if her father and she agreed to it; and in such a case the man was not at his liberty to refuse, be she what she would, agreeable or not, handsome or ugly; he must, as the Jews express it, drink out of his pot, or marry her, if she is lame, or blind, or full of ulcers (e): because he hath humbled her he may not put her away all his days: to all the other parts of his punishment, paying a fine of fifty shekels to the damsel's father, a dowry of the same sum to her, obligation to marry her whether he likes her or not, this is added, that he is not allowed to divorce her as long as he lives; which was permitted to other men, and this was wisely ordered to preserve chastity. (d) De Special. Leg. p. 787. (e) Misn. Cetubot, c. 3. sect. 5.

Verse 29

A man shall not take his father's wife,.... Not marry her, whether his own mother, or a stepmother; or even, as Aben Ezra thinks, anyone that was deflowered by his father. Jarchi interprets it of his father's brother's wife, which he was obliged to marry by virtue of the law in Deu 25:5. nor discover his father's skirt; or lie with her his father had thrown his skirt over, or married; and which being the first, is mentioned here as a sample to all the rest forbidden Lev 18:7 or, as Bishop Patrick expresses it, is a "short memorandum", to make them careful to observe all the other laws respecting incestuous marriages and copulations there delivered. Next: Deuteronomy Chapter 23

Verse 1

Going deeper and deeper into the manifold relations of the national life, Moses first of all explains in Deu 22:1-12 the attitude of an Israelite, on the one hand, towards a neighbour; and, on the other hand, towards the natural classification and arrangement of things, and shows how love should rule in the midst of all these relations. The different relations brought under consideration are selected rather by way of examples, and therefore follow one another without any link of connection, for the purpose of exhibiting the truth in certain concrete cases, and showing how the covenant people were to hold all the arrangement of God sacred, whether in nature or in social life. Deu 22:1-3 In Deu 22:1-4 Moses shows, by a still further expansion of Exo 23:4-5, how the property of a neighbour was to be regarded and preserved. If any man saw an ox or a sheep of his brother's (fellow-countryman) going astray, he was not to draw back from it, but to bring it back to his brother; and if the owner lived at a distance, or was unknown, he was to take it into his own house or farm, till he came to seek it. He was also to do the same with an ass or any other property that another had lost. Deu 22:4 A fallen animal belonging to another he was also to help up (as in Exo 23:5 : except that in this case, instead of a brother generally, an enemy or hater is mentioned). Deu 22:5 As the property of a neighbour was to be sacred in the estimation of an Israelite, so also the divine distinction of the sexes, which was kept sacred in civil life by the clothing peculiar to each sex, was to be not less but even more sacredly observed. "There shall not be man's things upon a woman, and a man shall not put on a woman's clothes." כּלי does not signify clothing merely, nor arms only, but includes every kind of domestic and other utensils (as in Exo 22:6; Lev 11:32; Lev 13:49). The immediate design of this prohibition was not to prevent licentiousness, or to oppose idolatrous practices (the proofs which Spencer has adduced of the existence of such usages among heathen nations are very far-fetched); but to maintain the sanctity of that distinction of the sexes which was established by the creation of man and woman, and in relation to which Israel was not to sin. Every violation or wiping out of this distinction - such even, for example, as the emancipation of a woman - was unnatural, and therefore an abomination in the sight of God. Deu 22:6-7 The affectionate relation of parents to their young, which God had established even in the animal world, was also to be kept just as sacred. If any one found a bird's nest by the road upon a tree, or upon the ground, with young ones or eggs, and the mother sitting upon them, he was not to take the mother with the young ones, but to let the mother fly, and only take the young. נקרא for נקרה, as in Exo 5:3. The command is related to the one in Lev 22:28 and Exo 23:19, and is placed upon a par with the commandment relating to parents, by the fact that obedience is urged upon the people by the same promise in both instances (vid., Deu 5:16; Exo 20:12). Deu 22:8-12 Still less were they to expose human life to danger through carelessness. "If thou build a new house, make a rim (maakeh) - i.e., a balustrade - to thy roof, that thou bring not blood-guiltiness upon thy house, if any one fall from it." The roofs of the Israelitish houses were flat, as they mostly are in the East, so that the inhabitants often lived upon them (Jos 2:6; Sa2 11:2; Mat 10:27). - In Deu 22:9-11, there follow several prohibitions against mixing together the things which are separated in God's creation, consisting partly of a verbal repetition of Lev 19:19 (see the explanation of this passage). - To this there is appended in Deu 22:12 the law concerning the tassels upon the hem of the upper garment (Num 15:37.), which were to remind the Israelites of their calling, to walk before the Lord in faithful fulfilment of the commandments of God (see the commentary upon this passage).

Verse 13

Laws of Chastity and Marriage. - Higher and still holier than the order of nature stands the moral order of marriage, upon which the well-being not only of domestic life, but also of the civil commonwealth of nations, depends. Marriage must be founded upon fidelity and chastity on the part of those who are married. To foster this, and secure it against outbreaks of malice and evil lust, was the design and object of the laws which follow. The first (Deu 22:13-21) relates to the chastity of a woman on entering into the married state, which might be called in question by her husband, either from malice or with justice. The former case is that which Moses treats of first of all. If a man took a wife, and came to her, and hated her, i.e., turned against her after gratifying his carnal desires (like Amnon, for example, Sa2 13:15), and in order to get rid of her again, attributed "deeds or things of words" to her, i.e., things which give occasion for words or talk, and so brought an evil name upon her, saying, that on coming to her he did not find virginity in her. בּתוּלים, virginity, here the signs of it, viz., according to Deu 22:17, the marks of a first intercourse upon the bed-clothes or dress.

Verse 15

In such a case the parents of the young woman (הנּער for הנּערה, as in Gen 24:14, Gen 24:28, according to the earliest usage of the books of Moses, a virgin, then also a young woman, e.g., Rut 2:6; Rut 4:12) were to bring the matter before the elders of the town into the gate (the judicial forum; see Deu 21:19), and establish the chastity and innocence of their daughter by spreading the bed-clothes before them. It was not necessary to this end that the parents should have taken possession of the spotted bed-clothes directly after the marriage night, as in customarily done by the Bedouins and the lower classes of the Moslem in Egypt and Syria (cf. Niebuhr, Beschr. v. Arab. pp. 35ff.; Arvieux, merkw. Nachr. iii. p. 258; Burckhardt, Beduinen, p. 214, etc.). It was sufficient that the cloth should be kept, in case such a proof might be required.

Verse 18

The elders, as the magistrates of the place, were then to send for the man who had so calumniated his young wife, and to chastise him (יסּר, as in Deu 21:18, used to denote bodily chastisement, thought the limitation of the number of strokes to forty save one, may have been a later institution of the schools); and in addition to this they were to impose a fine upon him of 100 shekels of silver, which he was to pay to the father of the young wife for his malicious calumniation of an Israelitish maiden, - twice as much as the seducer of a virgin was to pay to her father for the reproach brought upon him by the humiliation of his daughter (Deu 22:29); and lastly, they were to deprive the man of the right of divorce from his wife.

Verse 20

In the other case, however, if the man's words were true, and the girl had not been found to be a virgin, the elders were to bring her out before the door of her father's house, and the men of the town were to stone her to death, because she had committed a folly in Israel (cf. Gen 34:7), to commit fornication in her father's house. The punishment of death was to be inflicted upon her, not so much because she had committed fornication, as because notwithstanding this she had allowed a man to marry her as a spotless virgin, and possibly even after her betrothal had gone with another man (cf. Deu 22:23, Deu 22:24). There is no ground for thinking of unnatural wantonness, as Knobel does.

Verse 22

If any one lay with a married woman, they were both of them to be put to death as adulterers (cf. Lev 20:10).

Verse 23

In connection with the seduction of a virgin (נער, puella, a marriageable girl; בּתוּלה, virgo immaculata, a virgin), two, or really three, cases are distinguished; viz., (1) whether she was betrothed (Deu 22:23-27), or not betrothed (Deu 22:28, Deu 22:29); (2) if she were betrothed, whether it was (a) in the town (Deu 22:23, Deu 22:24) or (b) in the open field (Deu 22:25-27) that she had been violated by a man. Deu 22:23-24 If a betrothed virgin had allowed a man to have intercourse with her (i.e., one who was not her bridegroom), they were both of them, the man and the girl, to be led out to the gate of the town, and stoned that they might die: the girl, because she had not cried in the city, i.e., had not called for help, and consequently was to be regarded as consenting to the deed; the man, because he had humbled his neighbour's wife. The betrothed woman was placed in this respect upon a par with a married woman, and in fact is expressly called a wife in Deu 22:24. Betrothal was the first step towards marriage, even if it was not a solemn act attested by witnesses. Written agreements of marriage were not introduced till a later period (Tobit 7:14; Tr. Ketuboth i. 2). Deu 22:25-27 If, on the other hand, a man met a betrothed girl in the field, and laid hold of her and lay with her, the man alone was to die, and nothing was to be done to the girl. "There is in the damsel no death-sin (i.e., no sin to be punished with death); but as when a man riseth against his neighbour and slayeth him, even so is this matter." In the open field the girl had called for help, but no one had helped her. It was therefore a forcible rape. Deu 22:28-29 The last case: if a virgin was not betrothed, and a man seized her and lay with her, and they were found, i.e., discovered or convicted of their deed, the man was to pay the father of the girl fifty shekels of silver, for the reproach brought upon him and his house, and to marry the girl whom he had humbled, without ever being able to divorce her. This case is similar to the one mentioned in Exo 22:15-16. The omission to mention the possibility of the father refusing to give him his daughter for a wife, makes no essential difference. It is assumed as self-evident here, that such a right was possessed by the father.

Verse 30

(or Deu 23:1) This verse, in which the prohibition of incest is renewed by a repetition of the first provision in the earlier law (Lev 18:7-8), is no doubt much better adapted to form the close of the laws of chastity and marriage, than the introduction to the laws which follow concerning the right of citizenship in the congregation of the Lord.

Introduction

The laws of this chapter provide, I. For the preservation of charity and good neighbourship, in the care of strayed or fallen cattle (Deu 22:1-4). II. For the preservation of order and distinction, that men and women should not wear one another's clothes (Deu 22:5), and that other needless mixtures should be avoided (Deu 22:9-11). III. For the preservation of birds (Deu 22:6, Deu 22:7). IV. Of life (Deu 22:8). V. Of the commandments (Deu 22:12). VI. Of the reputation of a wife abused, if she were innocent (Deu 22:13-19), but for her punishment if guilty (Deu 22:20, Deu 22:21). VII. For the preservation of the chastity of wives (Deu 22:22). Virgins betrothed (Deu 22:23-27), or not betrothed (Deu 22:28, Deu 22:29). And, lastly, against incest (Deu 22:30).

Verse 1

The kindness that was commanded to be shown in reference to an enemy (Exo 23:4, etc.) is here required to be much more done for a neighbour, though he were not an Israelite, for the law is consonant to natural equity. 1. That strayed cattle should be brought back, either to the owner or to the pasture out of which they had gone astray, Deu 22:1, Deu 22:2. This must be done in pity to the very cattle, which, while they wandered, were exposed; and in civility and respect to the owner, nay, and in justice to him, for it was doing as we would be done by, which is one of the fundamental laws of equity. Note, Religion teaches us to be neighbourly, and to be ready to do all good offices, as we have opportunity, to all men. In doing this, (1.) They must not mind trouble, but, if they knew who the owner was, must take it back themselves; for, if they should only send notice to the owner to come and look after it himself, some mischief might befal it ere he could reach it. (2.) They must not mind expense, but, if they knew not who the owner was, must take it home and feed it till the owner was found. If such care must be taken of a neighbour's ox or ass going astray, much more of himself going astray from God and his duty; we should do our utmost to convert him (Jam 5:19), and restore him, considering ourselves, Gal 6:1. 2. That lost goods should be brought to the owner, Deu 22:3. The Jews say, "He that found the lost goods was to give public notice of them by the common crier three or four times," according to the usage with us; if the owner could not be found, he that found the goods might convert them to his own use; but (say some learned writers in this case) he would do very well to give the value of the goods to the poor. 3. That cattle in distress should be helped, Deu 22:4. This must be done both in compassion to the brute-creatures (for a merciful man regardeth the life of a beast, though it be not his own) and in love and friendship to our neighbour, not knowing how soon we may have occasion for his help. If one member may say to another, "I have at present no need of thee," it cannot say, "I never shall."

Verse 5

Here are several laws in these verses which seem to stoop very low, and to take cognizance of things mean and minute. Men's laws commonly do not so: De minimis non curat lex - The law takes no cognizance of little things; but because God's providence extends itself to the smallest affairs, his precepts do so, that even in them we may be in the fear of the Lord, as we are under his eye and care. And yet the significancy and tendency of these statutes, which seem little, are such that, notwithstanding their minuteness, being fond among the things of God's law, which he has written to us, they are to be accounted great things. I. The distinction of sexes by the apparel is to be kept up, for the preservation of our own and our neighbour's chastity, Deu 22:5. Nature itself teaches that a difference be made between them in their hair (Co1 11:14), and by the same rule in their clothes, which therefore ought not to be confounded, either in ordinary wear or occasionally. To befriend a lawful escape or concealment it may be done, but whether for sport or in the acting of plays is justly questionable. 1. Some think it refers to the idolatrous custom of the Gentiles: in the worship of Venus, women appeared in armour, and men in women's clothes; this, as other such superstitious usages, is here said to be an abomination to the Lord. 2. It forbids the confounding of the dispositions and affairs of the sexes: men must not be effeminate, nor do the women's work in the house, nor must women be viragos, pretend to teach, or usurp authority, Ti1 2:11, Ti1 2:12. Probably this confounding of garments had been used to gain opportunity of committing uncleanness, and is therefore forbidden; for those that would be kept from sin must keep themselves from all occasions of it and approaches to it. II. In taking a bird's-nest, the dam must be let go, Deu 22:6, Deu 22:7. The Jews say, "This is the least of all the commandments of the law of Moses," and yet the same promise is here made to the observance of it that is made to the keeping of the fifth commandment, which is one of the greatest, that it may be well with thee, and that thou mayest prolong thy days; for, as disobedience in a small matter shows a very great contempt of the law, so obedience in a small matter shows a very great regard to it. He that let go a bird out of his hand (which was worth two in the bush) purely because God bade him, in that made it to appear that he esteemed all God's precepts concerning all things to be right, and that he could deny himself rather than sin against God. But doth God take care for birds? Co1 9:9. Yes, certainly; and perhaps to this law our Saviour alludes. Luk 12:6, Are not five sparrows sold for two farthings, and not one of them is forgotten before God? This law, 1. Forbids us to be cruel to the brute-creatures, or to take a pleasure in destroying them. Though God has made us wiser than the fowls of heaven, and given us dominion over them, yet we must not abuse them nor rule them with rigour. Let go the dam to breed again; destroy it not, for a blessing is in it, Isa 65:8. 2. It teaches us compassion to those of our own kind, and to abhor the thought of every thing that looks barbarous, and cruel, and ill-natured, especially towards those of the weaker and tender sex, which always ought to be treated with the utmost respect, in consideration of the sorrows wherein they bring forth children. It is spoken of as an instance of the most inhuman cruelty that the mother was dashed to pieces upon her children (Hos 10:14), and that the women with child were ripped open, Amo 1:13. 3. It further intimates that we must not take advantage against any, from their natural affection and the tenderness of their disposition, to do them an injury. The dam could not have been taken if her concern for her eggs or young (unlike to the ostrich) had not detained her upon the next when otherwise she could easily have secured herself by flight. Now, since it is a thousand pities that she should fare the worse for that which is her praise, the law takes care that she shall be let go. The remembrance of this may perhaps, some time or other, keep us from doing a hard or unkind thing to those whom we have at our mercy. III. In building a house, care must be taken to make it safe, that none might receive mischief by falling from it, Deu 22:8. The roofs of their houses were flat for people to walk on, as appears by many scriptures; now lest any, through carelessness, should fall off them, they must compass them with battlements, which (the Jews say) must be three feet and a half high; if this were not done, and mischief followed, the owner, by his neglect, brought the guilt of blood upon his house. See here, 1. How precious men's lives are to God, who protects them, not only by his providence, but by his law. 2. How precious, therefore, they ought to be to us, and what care we should take to prevent hurt from coming to any person. The Jews say that by the equity of this law they were obliged (and so are we too) to fence, or remove, every thing by which life may be endangered, as to cover draw-wells, keep bridges in repair, and the like, lest, if any perish through our omission, their blood be required at our hand. IV. Odd mixtures are here forbidden, Deu 22:9, Deu 22:10. Much of this we met with before, Lev 19:19. There appears not any thing at all of moral evil in these things, and therefore we now make no conscience of sowing wheat and rye together, ploughing with horses and oxen together, and of wearing linsey-woolsey garments; but hereby is forbidden either, 1. A conformity to some idolatrous customs of the heathen. Or, 2. That which is contrary to the plainness and purity of an Israelite. They must not gratify their own vanity and curiosity by putting those things together which the Creator in infinite wisdom had made asunder: they must not be unequally yoked with unbelievers, nor mingle themselves with the unclean, as an ox with an ass. Nor must their profession and appearance in the world be motley, or party-coloured, but all of a piece, all of a kind. V. The law concerning fringes upon their garments, and memorandums of the commandments, which we had before (Num 15:38, Num 15:39), is here repeated, Deu 22:12. By these they were distinguished from other people, so that it might be said, upon the first sight There goes an Israelite, which taught them not to be ashamed of their country, nor the peculiarities of their religion, how much soever their neighbours looked upon them and it with contempt: and they were also put in mind of the precepts upon the particular occasions to which they had reference; and perhaps this law is repeated here because the precepts immediately foregoing seemed so minute that they were in danger of being overlooked and forgotten. The fringes will remind you not to make your garments of linen and woollen, Deu 22:11.

Verse 13

These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul. I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, Deu 22:13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire - those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, Deu 22:18, Deu 22:19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (Deu 24:1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Psa 50:20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own. II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, Deu 22:20, Deu 22:21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen 34:7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people. III. If any man, single or married, lay with a married woman, they were both to be put to death, Deu 22:22. This law we had before, Lev 20:10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children. IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, Deu 22:23, Deu 22:24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur - Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, Deu 22:24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help (Succurre, Domine, vim patior - Help me, O Lord, for I suffer violence), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee. V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, Deu 22:28, Deu 22:29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of. VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (Deu 22:30) from Lev 18:8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, Co1 5:1.

Verse 1

22:1 don’t ignore your responsibility: An individual was not to avoid a troubled scene by pretending not to see what was going on. To do so would be a failure of the individual’s responsibility to the covenant community.

Verse 5

22:5 Adopting the dress and behavior of the opposite gender unnaturally blurs the lines between things that should be kept separate and distinct (also 22:9-11).

Verse 9

22:9 any other crop between the rows: This would bring about a mingling of things that should be kept separate.

Verse 10

22:10 Plowing with an ox and a donkey would be inefficient; this example illustrates the principle of separation and order (see also 2 Cor 6:14-18).

Verse 11

22:11 Keeping wool and linen separate illustrated Israel’s separation as God’s holy people (see also Lev 19:19).

Verse 12

22:12 Placing four tassels on the hem of a garment probably reminded the wearer to be loyal to the covenant, similar to tying a string around one’s finger (see Num 15:37-41).

Verse 14

22:14 A husband who discovered evidence that his wife had lost her virginity prior to marriage (see 22:15) would accuse her of shameful conduct.

Verse 15

22:15 proof of her virginity: A blood-stained cloth would indicate that the woman’s hymen was ruptured by her first act of intercourse with her husband.

Verse 17

22:17 The bed sheet (literally covering) might also have been a garment of some kind, such as a nightgown.

Verse 19

22:19 100 pieces of silver: The husband, who had already paid the woman’s father the normal bride price, must now pay additional compensation for defaming her character.

Verse 21

22:21 by being promiscuous (literally acting as a prostitute): A single act of sexual intercourse by an unmarried woman was enough to earn this disgraceful label and the death penalty.

Verse 24

22:24 Because betrothal was tantamount to marriage in the Old Testament, another man’s wife in this passage technically refers to a fiancée.

Verse 29

22:29 fifty pieces of silver: The father could still expect a dowry for his unmarried daughter (see Gen 34:12; Exod 22:16). • he must marry: The assumption is that the girl and her father were willing to undertake the arrangement (see Exod 22:17).

Verse 30

22:30 The phrase his father’s former wife does not refer to a man’s own mother because incest was a more serious crime (see Lev 18:7-8, 29).

Ungodly Practice of Dating

Neither Do I Condemn You

The Law of Christ 2 of 3

God Our Fortress - Part 2

Take the Blame and Forgive Others

A Marriage Changed by God

Audio Sermon: The Cross

The Virgin Birth of Christ

The Holy Spirit

Malachi 2:10-16 God Hates Divorce

Some More Particular Directions for Maintaining Continual Communion With God

Bobbed Hair

Introduction

Verse 5

Verse 6

Verse 8

Verse 9

Verse 10

Verse 11

Verse 12

Verse 13

Introduction

Verse 1

Verse 2

Verse 3

Verse 4

Verse 5

Verse 6

Verse 7

Verse 8

Verse 9

Verse 10

Verse 11

Verse 12

Verse 13

Verse 14

Verse 15

Verse 16

Verse 17

Verse 18

Verse 19

Verse 20

Verse 21

Verse 22

Verse 23

Verse 24

Verse 25

Verse 26

Verse 27

Verse 28

Verse 29

Verse 1

Verse 13

Verse 15

Verse 18

Verse 20

Verse 22

Verse 23

Verse 30

Introduction

Verse 1

Verse 5

Verse 13

Verse 1

Verse 5

Verse 9

Verse 10

Verse 11

Verse 12

Verse 14

Verse 15

Verse 17

Verse 19

Verse 21

Verse 24

Verse 29

Verse 30