Deuteronomy 22

The laws of this chapter provide,

I. For the preservation of charity and good neighbourship, in the care of strayed or fallen cattle, ver. 1 -4.

II. For the preservation of order and distinction, that men and women should not wear one another's clothes (ver. 5), and that other needless mixtures should be avoided, ver. 9 -11.

III. For the preservation of birds, ver. 6, 7.

IV. Of life, ver. 8.

V. Of the commandments, ver. 12.

VI. Of the reputation of a wife abused, if she were innocent (ver. 13 -19), but for her punishment if guilty, ver. 20, 21.

VII. For the preservation of the chastity of wives, ver. 22. Virgins betrothed (ver. 23 -27), or not betrothed, ver. 28, 29. And, lastly, against incest, ver. 30.

Deuteronomy 22:1-4

Kindness and Humanity. B. C. 1451.

¹ Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them: thou shalt in any case bring them again unto thy brother. ² And if thy brother be not nigh unto thee, or if thou know him not, then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again. ³ In like manner shalt thou do with his ass; and so shalt thou do with his raiment; and with all lost thing of thy brother's, which he hath lost, and thou hast found, shalt thou do likewise: thou mayest not hide thyself. ⁴ Thou shalt not see thy brother's ass or his ox fall down by the way, and hide thyself from them: thou shalt surely help him to lift them up again.

The kindness that was commanded to be shown in reference to an enemy (Exod. 33:4, 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, v. 1, 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, v. 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, v. 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."

Deuteronomy 22:5-12

Various Prohibitions. B. C. 1451.

⁵ The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment: for all that do so are abomination unto the LORD thy God. ⁶ If a bird's nest chance to be before thee in the way in any tree, or on the ground, whether they be young ones, or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young: ⁷ But thou shalt in any wise let the dam go, and take the young to thee; that it may be well with thee, and that thou mayest prolong thy days. ⁸ When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence. ⁹ Thou shalt not sow thy vineyard with divers seeds: lest the fruit of thy seed which thou hast sown, and the fruit of thy vineyard, be defiled. ¹⁰ Thou shalt not plow with an ox and an ass together. ¹¹ Thou shalt not wear a garment of divers sorts, as of woollen and linen together. ¹² Thou shalt make thee fringes upon the four quarters of thy vesture, wherewith thou coverest thyself.

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, v. 5. Nature itself teaches that a difference be made between them in their hair (1 Cor. 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, 1 Tim. 2:11, 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, v. 6, 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? 1 Cor. 9:9. Yes, certainly; and perhaps to this law our Saviour alludes. Luke 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, Amos 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, v. 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, v. 9, 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, 39), is here repeated, v. 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, v. 11.

Deuteronomy 22:13-30

The Punishment of Fornication. B. C. 1451.

¹³ If any man take a wife, and go in unto her, and hate her, ¹⁴ And give occasions of speech against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her, I found her not a maid: ¹⁵ Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate: ¹⁶ And the damsel's father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her; ¹⁷ And, lo, he hath given occasions of speech against her, saying, I found not thy daughter a maid; and yet these are the tokens of my daughter's virginity. And they shall spread the cloth before the elders of the city. ¹⁸ And the elders of that city shall take that man and chastise him; ¹⁹ And they shall amerce him in a hundred shekels of silver, and give them unto the father of the damsel, because he hath brought up an evil name upon a virgin of Israel: and she shall be his wife; he may not put her away all his days. ²⁰ But if this thing be true, and the tokens of virginity be not found for the damsel: ²¹ Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die: because she hath wrought folly in Israel, to play the whore in her father's house: so shalt thou put evil away from among you. ²² If a man be found lying with a woman married to a husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel. ²³ If a damsel that is a virgin be betrothed unto a husband, and a man find her in the city, and lie with her; ²⁴ Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city; and the man, because he hath humbled his neighbour's wife: so thou shalt put away evil from among you. ²⁵ But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die: ²⁶ But unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbour, and slayeth him, even so is this matter: ²⁷ For he found her in the field, and the betrothed damsel cried, and there was none to save her. ²⁸ If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; ²⁹ Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days. ³⁰ A man shall not take his father's wife, nor discover his father's skirt.

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, v. 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, v. 18, 19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (ch. 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 (Ps. 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, v. 20, 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, v. 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, v. 23, 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, v. 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, v. 28, 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 (v. 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, 1 Cor. 5:1.

Deuteronomy 23

The laws of this chapter provide,

I. For the preserving of the purity and honour of the families of Israel, by excluding such as would be a disgrace to them, ver. 1 -8.

II. For the preserving of the purity and honour of the camp of Israel when it was abroad, ver. 9 -14.

III. For the encouraging and entertaining of slaves who fled to them, ver. 15-16.

IV. Against whoredom, ver. 17, 18.

V. Against usury, ver. 19, 20.

IV. Against the breach of vows, ver. 21 -23.

VII. What liberty a man might take in his neighbour's field and vineyard, and what not, ver. 23, 25.

Deuteronomy 23:1-8

Laws of Separation. B. C. 1451.

¹ He that is wounded in the stones, or hath his privy member cut off, shall not enter into the congregation of the LORD. ² A bastard shall not enter into the congregation of the LORD; even to his tenth generation shall he not enter into the congregation of the LORD. ³ An Ammonite or Moabite shall not enter into the congregation of the LORD; even to their tenth generation shall they not enter into the congregation of the LORD for ever: ⁴ Because they met you not with bread and with water in the way, when ye came forth out of Egypt; and because they hired against thee Balaam the son of Beor of Pethor of Mesopotamia, to curse thee. ⁵ Nevertheless the LORD thy God would not hearken unto Balaam; but the LORD thy God turned the curse into a blessing unto thee, because the LORD thy God loved thee. ⁶ Thou shalt not seek their peace nor their prosperity all thy days for ever. ⁷ Thou shalt not abhor an Edomite; for he is thy brother: thou shalt not abhor an Egyptian; because thou wast a stranger in his land. ⁸ The children that are begotten of them shall enter into the congregation of the LORD in their third generation.

Interpreters are not agreed what is here meant by entering into the congregation of the Lord, which is here forbidden to eunuchs and to bastards, Ammonites and Moabites, for ever, but to Edomites and Egyptians only till the third generation.

1. Some think they are hereby excluded from communicating with the people of God in their religious services. Though eunuchs and bastards were owned as members of the church, and the Ammonites and Moabites might be circumcised and proselyted to the Jewish religion, yet they and their families must lie for some time under marks of disgrace, remembering the rock whence they were hewn, and must not come so near the sanctuary as others might, nor have so free a communion with Israelites.

2. Others think they are hereby excluded from bearing office in the congregation: none of these must be elders or judges, lest the honour of the magistracy should thereby be stained.

3. Others think they are excluded only from marrying with Israelites. Thus the learned bishop Patrick inclines to understand it; yet we find that when this law was put in execution after the captivity they separated from Israel, not only the strange wives, but all the mixed multitude, see Neh. 13:1 -2. With the daughters of these nations (though out of the nations of Canaan), it should seem, the men of Israel might marry, if they were completely proselyted to the Jewish religion; but with the men of these nations the daughters of Israel might not marry, nor could the men be naturalized otherwise than as here provided.

It is plain, in general, that disgrace is here put,

I. Upon bastards and eunuchs, v. 1, 2. By bastards here the Jewish writers understand, not all that were born of fornication, or out of marriage, but all the issue of those incestuous mixtures which are forbidden, Lev. 18. And, though it was not the fault of the issue, yet, to deter people from those unlawful marriages and unlawful lusts, it was very convenient that their posterity should thus be made infamous. By this rule Jephthah, though the son of a harlot, a strange woman (Judg. 11:1, 2), yet was not a bastard in the sense of this law. And as for the eunuchs, though by this law they seemed to be cast out of the vineyard as dry trees, which they complain of (Isa. 56:3), yet it is here promised (v. 5) that if they took care of their duty to God, as far as they were admitted, by keeping his sabbaths and choosing the things that pleased him, the want of this privilege should be made up to them with such spiritual blessings as would entitle them to an everlasting name.

II. Upon Ammonites and Moabites, the posterity of Lot, who, for his outward convenience, had separated himself from Abraham, Gen. 13:11. And we do not find that he or his ever joined themselves again to the children of the covenant. They are here cut off to the tenth generation, that is, (as some think it is explained), for ever. Compare Neh. 13:1. The reason of this quarrel which Israel must have with them, so as not to seek their peace (v. 6), is because of the unkindness they had now lately done to the camp of Israel, notwithstanding the orders God had given not to distress or vex them, ch. 2:9, 19.

1. It was bad enough that they did not meet them with bread and water in the way (v. 4), that they did not as allies, or at least as neutral states, bring victuals into their camp, which they should have been duly paid for. It was well that God's Israel did not need their kindness, God himself following them with bread and water. However this omission of the Ammonites should be remembered against their nation in future ages. Note, God will certainly reckon, not only with those that oppose his people, but with those that do not help and further them, when it is in the power of their hand to do it. The charge at the great day is for an omission: I was hungry, and you gave me no meat.

2. The Moabites had done worse, they hired Balaam to curse Israel, v. 4. It is true God turned the curse into a blessing (v. 5), not only changing the word in Balaam's mouth, but making that really turn to the honour and advantage of Israel which was designed for their ruin. But though the design was defeated, and overruled for good, the Moabites' wickedness was not the less provoking. God will deal with sinners, but according to their endeavours, Ps. 28:4.

III. The Edomites and Egyptians had not so deep a mark of displeasure put upon them as the Moabites and Ammonites had. If an Edomite or Egyptian turned proselyte, his grand-children should be looked upon as members of the congregation of the Lord to all intents and purposes, v. 7, 8. We should think that the Edomites had been more injurious to the Israelites than the Ammonites, and deserved as little favour from them (Num. 20:20), and yet "Thou shalt not abhor an Edomite, as thou must an Ammonite, for he is thy brother." Note, The unkindness of near relations, though by many worst taken, yet should with us, for that reason, because of the relation, be first forgiven. And then, as to the Egyptians, here is a strange reason given why they must not be abhorred: "Thou wast a stranger in their land, and therefore, though hardly used there, be civil to them, for old acquaintance' sake." They must not remember their bondage in Egypt for the keeping up of any ill will to the Egyptians, but only for the magnifying of Gods power and goodness in their deliverance.

Deuteronomy 23:9-14

Moral and Ceremonial Purity Enjoined. B. C. 1451.

⁹ When the host goeth forth against thine enemies, then keep thee from every wicked thing. ¹⁰ If there be among you any man, that is not clean by reason of uncleanness that chanceth him by night, then shall he go abroad out of the camp, he shall not come within the camp: ¹¹ But it shall be, when evening cometh on, he shall wash himself with water: and when the sun is down, he shall come into the camp again. ¹² Thou shalt have a place also without the camp, whither thou shalt go forth abroad: ¹³ And thou shalt have a paddle upon thy weapon; and it shall be, when thou wilt ease thyself abroad, thou shalt dig therewith, and shalt turn back and cover that which cometh from thee: ¹⁴ For the LORD thy God walketh in the midst of thy camp, to deliver thee, and to give up thine enemies before thee; therefore shall thy camp be holy: that he see no unclean thing in thee, and turn away from thee.

Israel was now encamped, and this vast army was just entering upon action, which was likely to keep them together for a long time, and therefore it was fit to give them particular directions for the good ordering of their camp. And the charge is in one word to be clean. They must take care to keep their camp pure from moral, ceremonial, and natural pollution.

I. From moral pollution (v. 9): When the host goes forth against thy enemy then look upon thyself as in a special manner engaged to keep thyself from every evil thing.

1. The soldiers themselves must take heed of sin, for sin takes off the edge of valour; guilt makes men cowards. Those that put their lives in their hands are concerned to make and keep their peace with God, and preserve a conscience void of offence; then may they look death in the face without terror. Soldiers, in executing their commission, must keep themselves from gratifying the lusts of malice, covetousness, or uncleanness, for these are wicked things – must keep themselves from the idols, or accursed things, they found in the camps they plundered.

2. Even those that tarried at home, the body of the people, and every particular person, must at that time especially keep from every wicked thing, lest by sin they provoke God to withdraw his presence from the host, and give victory to the enemy for the correcting of his own people. Times of war should be times of reformation, else how can we expect God should hear and answer our prayers for success? Ps. 66:18. See 1 Sam. 7:3.

II. From ceremonial pollution, which might befal a person when unconscious of it, for which he was bound to wash his flesh in water, and look upon himself as unclean until the evening, Lev. 15:16. A soldier, notwithstanding the constant service and duty he had to do in the camp, must be so far from looking upon himself as discharged from the observance of this ceremony that more was required from him than at another time; had he been at his own house, he needed only to wash his flesh, but, being in the army, he must go abroad out of the camp, as one concerned to keep it pure and ashamed of his own impurity, and not return till after sunset, v. 10, 11. By this trouble and reproach, which even involuntary pollutions exposed men to, they were taught to keep up a very great dread of all fleshly lusts. It were well if military men would consider this.

III. From natural pollution; the camp of the Lord must have nothing offensive in it, v. 12 -14. It is strange that the divine law, or at least the solemn order and direction of Moses, should extend to a thing of this nature; but the design of it was to teach them,

1. Modesty and decorum; nature itself teaches them thus to distinguish themselves from beasts that know no shame.

2. Cleanliness, and, though not niceness, yet neatness, even in their camp. Filthiness is offensive to the senses God has endued us with, prejudicial to the health, a wrong to the comfort of human life, and an evidence of a careless slothful temper of mind.

3. Purity from the pollutions of sin; if there must be this care taken to preserve the body clean and sweet, much more should we be solicitous to keep the mind so.

4. A reverence of the divine majesty. This is the reason here given: For the Lord thy God walketh by his ark, the special token of his presence, in the midst of thy camp; with respect to that external symbol this external purity is required, which (though not insisted on in the letter when that reason ceases) teaches us to preserve inward purity of soul, in consideration of the eye of God, which is always upon us. By this expression of respect to the presence of God among them, they were taught both to fortify themselves against sin and to encourage themselves against their enemies with the consideration of that presence.

5. A regard one to another. The filthiness of one is noisome to many; this law of cleanliness therefore teaches us not to do that which will be justly offensive to our brethren and grieve them. It is a law against nuisances.

Deuteronomy 23:15-25

Protection of Fugitives; The Law Concerning Usury. B. C. 1451.

¹⁵ Thou shalt not deliver unto his master the servant which is escaped from his master unto thee: ¹⁶ He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not oppress him. ¹⁷ There shall be no whore of the daughters of Israel, nor a sodomite of the sons of Israel. ¹⁸ Thou shalt not bring the hire of a whore, or the price of a dog, into the house of the LORD thy God for any vow: for even both these are abomination unto the LORD thy God. ¹⁹ Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury: ²⁰ Unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury: that the LORD thy God may bless thee in all that thou settest thine hand to in the land whither thou goest to possess it. ²¹ When thou shalt vow a vow unto the LORD thy God, thou shalt not slack to pay it: for the LORD thy God will surely require it of thee; and it would be sin in thee. ²² But if thou shalt forbear to vow, it shall be no sin in thee. ²³ That which is gone out of thy lips thou shalt keep and perform; even a freewill offering, according as thou hast vowed unto the LORD thy God, which thou hast promised with thy mouth. ²⁴ When thou comest into thy neighbour's vineyard, then thou mayest eat grapes thy fill at thine own pleasure; but thou shalt not put any in thy vessel. ²⁵ When thou comest into the standing corn of thy neighbour, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neighbour's standing corn.

Orders are here given about five several things which have no relation one to another: –

I. The land of Israel is here made a sanctuary, or city of refuge, for servants that were wronged and abused by their masters, and fled thither for shelter from the neighbouring countries, v. 15, 16. We cannot suppose that they were hereby obliged to give entertainment to all the unprincipled men that ran from service; Israel needed not (as Rome at first did) to be thus peopled. But,

1. They must not deliver up the trembling servant to his enraged master, till upon trial it appeared that the servant has wronged his master and was justly liable to punishment. Note, It is an honourable thing to shelter and protect the weak, provided they be not wicked. God allows his people to patronise the oppressed. The angel bid Hagar return to her mistress, and Paul sent Onesimus back to his master Philemon, because they had neither of them any cause to go away, nor was either of them exposed to any danger in returning. But the servant here is supposed to escape, that is, to run for his life, to the people of Israel, of whom he had heard (as Benhadad of the kings of Israel, 1 Kings 20:31) that they were a merciful people, to save himself from the fury of a tyrant; and in that case to deliver him up is to throw a lamb into the mouth of a lion.

2. If it appeared that the servant was abused, they must not only protect him, but, supposing him willing to embrace their religion, they must give him all the encouragement that might be to settle among them. Care is taken both that he should not be imposed up on in the place of his settlement – let it be that which he shall choose and where it liketh him best, and that he should not exchange one hard master for many – thou shalt not oppress him. Thus would he soon find a comfortable difference between the land of Israel and other lands, and would choose it to be his rest for ever. Note, Proselytes and converts to the truth should be treated with particular tenderness, that they may have no temptation to return.

II. The land of Israel must be no shelter for the unclean; no whore, no Sodomite, must be suffered to live among them (v. 17, 18), neither a whore nor a whoremonger. No houses of uncleanness must be kept either by men or women. Here is,

1. A good reason intimated why there should be no such wickedness tolerated among them: they were Israelites. This seems to have an emphasis laid upon it. For a daughter of Israel to be a whore, or a son of Israel a whoremaster, is to reproach the stock they are come of, the people they belong to, and the God they worship. It is bad in any, but worst in Israelites, a holy nation, 2 Sam. 13:12.

2. A just mark of displeasure put upon this wickedness, that the hire of a whore, that is, the money she gets by her whoring, and the price of a dog, that is, of the Sodomite, pimp, or whoremaster (so I incline to understand it, for such are called dogs, Rev. 22:15), the money he gets by his lewd and villainous practices, no part of it shall be brought into the house of the Lord (as the hire of prostitutes among the Gentiles was into their temples) for any vow. This intimates, (1.) That God would not accept of any offering at all from such wicked people; they had nothing to bring an offering of but what they got by their wickedness, and therefore their sacrifice could not but be an abomination to the Lord, Prov. 15:8. (2.) That they should not think, by making and paying vows, and bringing offerings to the Lord, to obtain leave to go on in this sin, as (it should seem) some that followed that trade suggested to themselves, when their offerings were admitted. Prov. 7:14, 15, This day have I paid my vows, therefore came I forth to meet thee. Nothing should be accepted in commutation of penance. (3.) That we cannot honour God with our substance unless it be honestly and honourably come by. It must not only be considered what we give, but how we got it; God hates robbery for burnt-offerings, and uncleanness too.

III. The matter of usury is here settled, v. 19, 20. (1.) They must not lend upon usury to an Israelite. They had and held their estates immediately from and under God, who, while he distinguished them from all other people, might have ordered, had he so pleased, that they should have all things in common among themselves; but instead of that, and in token of their joint interest in the good land he had given them, he only appointed them, as there was occasion, to lend to one another without interest, which among them would be little or no loss to the lender, because their land was so divided, their estates were so settled, and there was so little of merchandise among them, that it was seldom or never that they had occasion to borrow any great sums, only what was necessary for the subsistence of their families when the fruits of their ground had met with any disaster, or the like; and, in such a case, for a small matter to insist upon usury would have been very barbarous. Where the borrower gets, or hopes to get, it is just that the lender should share in the gain; but to him that borrows for his necessary food pity must be shown, and we must lend, hoping for nothing again, if we have wherewithal to do it, Luke 6:35. (2.) They might lend upon usury to a stranger, who was supposed to live by trade, and (as we say) by turning the penny, and therefore got by what he borrowed, and came among them in hopes to do so. By this it appears that usury is not in itself oppressive; for they must not oppress a stranger, and yet might exact usury from him.

IV. The performance of the vows wherewith we have bound our souls is here required; and it is a branch of the law of nature, v. 21 -23. (1.) We are here left at our liberty whether we will make vows or no: If thou shalt forbear to vow (some particular sacrifice and offering, more than was commanded by the law), it shall be no sin to thee. God had already signified his readiness to accept a free-will offering thus vowed, though it were but a little fine flour (Lev. 2:4, etc.), which was encouragement enough to those who were so inclined. But lest the priests, who had the largest share of those vows and voluntary offerings, should sponge upon the people, by pressing it upon them as their duty to make such vows, beyond their ability and inclination, they are here expressly told that it should not be reckoned a sin in them if they did not make any such vows, as it would be if they omitted any of the sacrifices that God had particularly required. For (as bishop Patrick well expresses it) God would have men to be easy in his service, and all their offerings to be free and cheerful. (2.) We are here laid under the highest obligations, when we have made a vow, to perform it, and to perform it speedily: "Thou shalt not be slack to pay it, lest if it be delayed beyond the first opportunity the zeal abate, the vow be forgotten, or something happen to disable thee for the performance of it. That which has gone out of thy lips as a solemn and deliberate vow must not be recalled, but thou shalt keep and perform it, punctually and fully." The rule of the gospel goes somewhat further than this. 2 Cor. 9:7, Every one, according as he purposeth in his heart, though it have not gone out of his lips, so let him give. Here is a good reason why we should pay our vows, that if we do not God will require it of us, will surely and severely reckon with us, not only for lying, but for going about to mock him, who cannot be mocked. See Eccl. 5:4.

V. Allowance is here given, when they passed through a cornfield or vineyard, to pluck and eat of the corn or grapes that grew by the road-side, whether it was done for necessity or delight, only they must carry none away with them, v. 24, 25. Therefore the disciples were not censured for plucking the ears of corn (it was well enough known that the law allowed it), but for doing it on the sabbath day, which the tradition of the elders had forbidden. Now,

1. This law intimated to them what great plenty of corn and wine they should have in Canaan, so much that a little would not be missed out of their fruits: they should have enough for themselves and all their friends.

2. It provided for the support of poor travellers, to relieve the fatigue of their journey, and teaches us to be kind to such. The Jews say, "This law was chiefly intended in favour of labourers, who were employed in gathering in their harvest and vintage; their mouths must not be muzzled any more than that of the ox when he treads out the corn."

3. It teaches us not to insist upon property in a small matter, of which it is easy to say, What is that between me and thee? It was true the grapes which the passenger ate were none of his own, nor did the proprietor give them to him; but the thing was of so small value that he had reason to think were he present, he would not deny them to him, anymore than he himself would grudge the like courtesy, and therefore it was no theft to take them.

4. It used them to hospitality, and teaches us to be ready to distribute, willing to communicate, and not to think every thing lost that is given away. Yet,

5. It forbids us to abuse the kindness of our friends, and to take the advantage of fair concessions to make unreasonable encroachments: we must not draw an ell from those that give but an inch. They may eat of their neighbour's grapes; but it does not therefore follow that they may carry away.

Deuteronomy 24

In this chapter we have,

I. The toleration of divorce, ver. 1 -4.

II. A discharge of new-married men from the war, ver. 5.

III. Laws concerning pledges, ver. 6, 10 -13, 17.

IV. Against man-stealing, ver. 7.

V. Concerning the leprosy, ver. 8, 9.

VI. Against the injustice of masters towards their servants, ver. 14, 15. Judges in capital causes (ver. 16), and civil concerns, ver. 17, 18.

VII. Of charity to the poor, ver. 19, etc.

Deuteronomy 24:1-4

The Law Concerning Divorce. B. C. 1451.

¹ When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. ² And when she is departed out of his house, she may go and be another man's wife. ³ And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife; ⁴ Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD: and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance.

This is that permission which the Pharisees erroneously referred to as a precept, Matt. 19:7, Moses commanded to give a writing of divorcement. It was not so; our Saviour told them that he only suffered it because of the hardness of their hearts, lest, if they had not had liberty to divorce their wives, they should have ruled them with rigour, and it may be, have been the death of them. It is probable that divorces were in use before (they are taken for granted, Lev. 21:14), and Moses thought it needful here to give some rules concerning them.

1. That a man might not divorce his wife unless he found some uncleanness in her, v. 1. It was not sufficient to say that he did not like her, or that he liked another better, but he must show cause for his dislike; something that made her disagreeable and unpleasant to him, though it might not make her so to another. This uncleanness must mean something less than adultery; for, for that, she was to die; and less than the suspicion of it, for in that case he might give her the waters of jealousy; but it means either a light carriage, or a cross froward disposition, or some loathsome sore or disease; nay, some of the Jewish writers suppose that an offensive breath might be a just ground for divorce. Whatever is meant by it, doubtless it was something considerable; so that their modern doctors erred who allowed divorce for every cause, though ever so trivial, Matt. 19:3.

2. That it must be done, not by word of mouth, for that might be spoken hastily, but by writing, and that put in due form, and solemnly declared, before witnesses, to be his own act and deed, which was a work of time, and left room for consideration, that it might not be done rashly.

3. That the husband must give it into the hand of his wife, and send her away, which some think obliged him to endow her and make provision for her, according to her quality and such as might help to marry her again; and good reason he should do this, since the cause of quarrel was not her fault, but her infelicity.

4. That being divorced it was lawful for her to marry another husband, v. 2. The divorce had dissolved the bond of marriage as effectually as death could dissolve it; so that she was as free to marry again as if her first husband had been naturally dead.

5. That if her second husband died, or divorced her, then still she might marry a third, but her first husband should never take her again (v. 3, 4), which he might have done if she had not married another; for by that act of her own she had perfectly renounced him for ever, and, as to him was looked upon as defiled, though not as to another person. The Jewish writers say that this was to prevent a most vile and wicked practice which the Egyptians had of changing wives; or perhaps it was intended to prevent men's rashness in putting away their wives; for the wife that was divorced would be apt, in revenge, to marry another immediately, and perhaps the husband that divorced her, how much soever he though to better himself by another choice, would find the next worse, and something in her more disagreeable, so that he would wish for his first wife again. "No" (says this law) "you shall not have her, you should have kept her when you had her." Note, It is best to be content with such things as we have, since changes made by discontent often prove for the worse. The uneasiness we know is commonly better, though we are apt to think it worse, than that which we do not know. By the strictness of this law God illustrates the riches of his grace in his willingness to be reconciled to his people that had gone a whoring from him. Jer. 3:1, Thou hast played the harlot with many lovers, yet return again to me. For his thoughts and ways are above ours.

Deuteronomy 24:5-13

The Law of Divorce. B. C. 1451.

⁵ When a man hath taken a new wife, he shall not go out to war, neither shall he be charged with any business: but he shall be free at home one year, and shall cheer up his wife which he hath taken. ⁶ No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge. ⁷ If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die; and thou shalt put evil away from among you. ⁸ Take heed in the plague of leprosy, that thou observe diligently, and do according to all that the priests the Levites shall teach you: as I commanded them, so ye shall observe to do. ⁹ Remember what the LORD thy God did unto Miriam by the way, after that ye were come forth out of Egypt. ¹⁰ When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge. ¹¹ Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee. ¹² And if the man be poor, thou shalt not sleep with his pledge: ¹³ In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the LORD thy God.

Here is,

I. Provision made for the preservation and confirmation of love between new-married people, v. 5. This fitly follows upon the laws concerning divorce, which would be prevented if their affection to each other were well settled at first. If the husband were much abroad from his wife the first year, his love to her would be in danger of cooling, and of being drawn aside to others whom he would meet with abroad; therefore his service to his country in war, embassies, or other public business that would call him from home, shall be dispensed with, that he may cheer up the wife that he has taken. Note,

1. It is of great consequence that love be kept up between husband and wife, and that every thing be very carefully avoided which might make them strange one to another, especially at first; for in that relation, where there is not the love that should be, there is an inlet ready to abundance of guilt and grief.

2. One of the duties of that relation is to cheer up one another under the cares and crosses that happen, as helpers of each other's joy; for a cheerful heart does good like a medicine.

II. A law against man-stealing, v. 7. It was not death by the law of Moses to steal cattle or goods; but to steal a child, or a weak and simple man, or one that a man had in his power, and to make merchandize of him, this was a capital crime, and could not be expiated, as other thefts, by restitution – so much is a man better than a sheep, Matt. 12:12. It was a very heinous offence, for,

1. It was robbing the public of one of its members.

2. It was taking away a man's liberty, the liberty of a free-born Israelite, which was next in value to his life.

3. It was driving a man out from the inheritance of the land, to the privileges of which he was entitled, and bidding him go serve other gods, as David complains against Saul, 1 Sam. 26:19.

III. A memorandum concerning the leprosy, v. 8, 9.

1. The laws concerning it must be carefully observed. The laws concerning it we had, Lev. 13:14. They are here said to be commanded to the priests and Levites, and therefore are not repeated in a discourse to the people; but the people are here charged, in case of leprosy, to apply to the priest according to the law, and to abide by his judgment, so far as it agreed with the law and the plain matter of fact. The plague of leprosy being usually a particular mark of God's displeasure for sin, he in whom the signs of it did appear ought not to conceal it, nor cut out the signs of it, nor apply to the physician for relief; but he must go to the priest, and follow his directions. Thus those that feel their consciences under guilt and wrath must not cover it, nor endeavour to shake off their convictions, but by repentance, and prayer, and humble confession, take the appointed way to peace and pardon.

2. The particular case of Miriam, who was smitten with leprosy for quarrelling with Moses, must not be forgotten. It was an explication of the law concerning the leprosy. Remember that, and, (1.) "Take heed of sinning after the similitude of her transgression, by despising dominions and speaking evil of dignities, lest you thereby bring upon yourselves the same judgment." (2.) "If any of you be smitten with a leprosy, expect not that the law should be dispensed with, nor think it hard to be shut out of the camp and so made a spectacle; there is no remedy: Miriam herself, though a prophetess and the sister of Moses, was not exempted, but was forced to submit to this severe discipline when she was under this divine rebuke." Thus David, Hezekiah, Peter, and other great men, when they had sinned, humbled themselves, and took to themselves shame and grief; let us not expect to be reconciled upon easier terms.

IV. Some necessary orders given about pledges for the security of money lent. They are not forbidden to take such securities as would save the lender from loss, and oblige the borrower to be honest; but,

1. They must not take the millstone for a pledge (v. 6), for with that they ground the corn that was to be bread for their families, or, if it were a public mill, with it the miller got his livelihood; and so it forbids the taking of any thing for a pledge by the want of which a man was in danger of being undone. Consonant to this is the ancient common law of England, which provides that no man be distrained of the utensils or instruments of his trade or profession, as the axe of a carpenter, or the books of a scholar, or beasts belonging to the plough, as long as there are other beasts of which distress may be made (Coke, 1 Inst. fol. 47). This teaches us to consult the comfort and subsistence of others as much as our own advantage. That creditor who cares not though his debtor and his family starve, nor is at all concerned what become of them, so he may but get his money or secure it, goes contrary, not only to the law of Christ, but even to the law of Moses too.

2. They must not go into the borrower's house to fetch the pledge, but must stand without, and he must bring it, v. 10, 11. The borrower (says Solomon) is servant to the lender; therefore lest the lender should abuse the advantage he has against him, and improve it for his own interest, it is provided that he shall take not what he pleases, but what the borrower can best spare. A man's house is his castle, even the poor man's house is so, and is here taken under the protection of the law.

3. That a poor man's bed-clothes should never be taken for a pledge, v. 12, 13. This we had before, Exod. 22:26, 27. If they were taken in the morning, they must be brought back again at night, which is in effect to say that they must not be taken at all. "Let the poor debtor sleep in his own raiment, and bless thee," that is, "pray for thee, and praise God for thy kindness to him." Note, Poor debtors ought to be sensible (more sensible than commonly they are) of the goodness of those creditors that do not take all the advantage of the law against them, and to repay their kindnesses by their prayers for them, when they are not in a capacity to repay it in any other way. "Nay, thou shalt not only have the prayers and good wishes of thy poor brother, but it shall be righteousness to thee before the Lord thy God," that is, "It shall be accepted and rewarded as an act of mercy to thy brother and obedience to thy God, and an evidence of thy sincere conformity to the law. Though it may be looked upon by men as an act of weakness to deliver up the securities thou hast for thy debt, yet it shall be looked upon by thy God as an act of goodness, which shall in no wise lose its reward."

Deuteronomy 24:14-22

Justice and Generosity. B. C. 1451.

¹⁴ Thou shalt not oppress a hired servant that is poor and needy, whether he be of thy brethren, or of thy strangers that are in thy land within thy gates: ¹⁵ At his day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the LORD, and it be sin unto thee. ¹⁶ The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers: every man shall be put to death for his own sin. ¹⁷ Thou shalt not pervert the judgment of the stranger, nor of the fatherless; nor take a widow's raiment to pledge: ¹⁸ But thou shalt remember that thou wast a bondman in Egypt, and the LORD thy God redeemed thee thence: therefore I command thee to do this thing. ¹⁹ When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, thou shalt not go again to fetch it: it shall be for the stranger, for the fatherless, and for the widow: that the LORD thy God may bless thee in all the work of thine hands. ²⁰ When thou beatest thine olive tree, thou shalt not go over the boughs again: it shall be for the stranger, for the fatherless, and for the widow. ²¹ When thou gatherest the grapes of thy vineyard, thou shalt not glean it afterward: it shall be for the stranger, for the fatherless, and for the widow. ²² And thou shalt remember that thou wast a bondman in the land of Egypt: therefore I command thee to do this thing.

Here,

I. Masters are commanded to be just to their poor servants, v. 14, 15.

1. They must not oppress them, by overloading them with work, by giving them undue and unreasonable rebukes, or by withholding from them proper maintenance. A servant, though a stranger to the commonwealth of Israel, must not be abused: "For thou wast a bondman in the land where thou wast a stranger (v. 18), and thou knowest what a grievous thing it is to be oppressed by a task-master, and therefore, in tenderness to those that are servants and strangers, and in gratitude to that God who set thee at liberty and settled thee in a country of thy own, thou shalt not oppress a servant." Let not masters be tyrants to their servants, for their Master is in heaven. See Job 31:13.

2. They must be faithful and punctual in paying them their wages: "At his day thou shalt give him his hire, not only pay it in time, without further delay. As soon as he had done his day's work, if he desire it, let him have his day's wages," as those labourers (Matt. 20:8) when evening had come. he that works by day-wages is supposed to live from hand to mouth, and cannot have to-morrow's bread for his family till be is paid for this day's labour. If the wages be withheld, (1.) It will be grief to the servant, for, poor man, he sets his heart upon it,. or, as the word is, he lifts up his soul to it, he is earnestly desirous of it, as the reward of his work (Job 7:2), and depends upon it as the gift of God's providence for the maintenance of his family. A compassionate master, though it should be somewhat inconvenient to himself, would not disappoint the expectation of a poor servant that was so fond to think of receiving his wages. But that is not the worst. (2.) It will be guilt to the master. "The injured servant will cry against thee to the Lord; since he has no one else to appeal to, he will lodge his appeal in the court of heaven, and it will be sin to thee." Or, if he do not complain, the cause will speak for itself, the "hire of the labourers which is kept back by fraud will itself cry," Jam. 5:4. It is a greater sin than most people think it is, and will be found so in the great day, to put hardships upon poor servants, labourers, and workmen, that we employ. God will do them right if men do not.

II. Magistrates and judges are commanded to be just in their administrations.

1. In those which we call pleas of the crown a standing rule is here given, that the fathers shall not be put to death for the children, nor the children for the fathers, v. 16. If the children make themselves obnoxious to the law, let them suffer for it, but let not the parents suffer either for them or with them; it is grief enough to them to see their children suffer: if the parents be guilty, let them die for their own sin; but though God, the sovereign Lord of life, sometimes visits the iniquity of the fathers upon the children, especially the sin of idolatry, and when he deals with nations in their national capacity, yet he does not allow men to do so. Accordingly, we find Amaziah sparing the children, even when the fathers were put to death for killing the king, 2 Kings 14:6. It was in an extraordinary case, and no doubt by special direction from heaven, that Saul's sons were put to death for his offence, and they died rather as sacrifices than as malefactors, 2 Sam. 21:9, 14.

2. In common pleas between party and party, great care must be taken that none whose cause was just should fare the worse for their weakness, nor for their being destitute of friends, as strangers, fatherless, and widows (v. 17): "Thou shalt not pervert their judgment, nor force them to give their very raiment for a pledge, by defrauding them of their right." Judges must be advocates for those that cannot speak for themselves and have no friends to speak for them.

III. The rich are commanded to be kind and charitable to the poor. Many ways they are ordered to be so by the law of Moses. The particular instance of charity here prescribed is that they should not be greedy in gathering in their corn, and grapes, and olives, so as to be afraid of leaving any behind them, but be willing to overlook some, and let the poor have the gleanings, v. 19 -22.

1. "Say not, 'It is all my own, and why should not I have it?' But learn a generous contempt of property in small matters. One sheaf or two forgotten will make thee never the poorer at the year's end, and it will do somebody good, if thou have it not."

2. "Say not, 'What I give I will give, and know whom I give it to, why should I leave it to be gathered by I know not whom, that will never thank me.' But trust God's providence with the disposal of thy charity, perhaps that will direct it to the most necessitous." Or, "Thou mayest reasonably think it will come to the hands of the most industrious, that are forward to seek and gather that which this law provides for them."

3. "Say not, 'What should the poor do with grapes and olives? It is enough for them to have bread and water;' for, since they have the same senses that the rich have, why should not they have so me little share of the delights of sense?" Boaz ordered handfuls of corn to be left on purpose for Ruth, and God blessed him. All that is left is not lost.

Deuteronomy 25

Here is,

I. A law to moderate the scourging of malefactors, ver. 1 -3.

II. A law in favour of the ox the treads out the corn, ver. 4.

III. For the disgracing of him that refused to marry his brother's widow, ver. 5 -10.

IV. For the punishment of an immodest woman, ver. 11, 12.

V. For just weights and measures, ver. 13 -16.

VI. For the destroying of Amalek, ver. 17, etc.

Deuteronomy 25:1-4

Stripes Not to Exceed Forty. B. C. 1451.

¹ If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked. ² And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number. ³ Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee. ⁴ Thou shalt not muzzle the ox when he treadeth out the corn.

Here is,

I. A direction to the judges in scourging malefactors, v. 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, Prov. 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 Deut. 28:58, 59, and 29:9, and concluded with those words (Ps. 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, Luke 12:47, 48. (3.) That how great soever the crime were the number of stripes should never exceed forty, v. 3. Forty save one was the common usage, as appears, 2 Cor. 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 (2 Thess. 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, v. 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, 1 Cor. 9:9, 10, and 1 Tim. 5:17, 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.

Deuteronomy 25:5-12

Marriage of a Brother's Wife. B. C. 1451.

⁵ If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of a husband's brother unto her. ⁶ And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel. ⁷ And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elders, and say, 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. ⁸ Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her; ⁹ Then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother's house. ¹⁰ And his name shall be called in Israel, The house of him that hath his shoe loosed. ¹¹ When men strive together one with another, and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, and taketh him by the secrets: ¹² Then thou shalt cut off her hand, thine eye shall not pity her.

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, v. 5, 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 (Matt. 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, v. 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, v. 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 (Ruth 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, v. 11, 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.

Deuteronomy 25:13-19

Amalek to Be Destroyed. B. C. 1451.

¹³ Thou shalt not have in thy bag divers weights, a great and a small. ¹⁴ Thou shalt not have in thine house divers measures, a great and a small. ¹⁵ But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the LORD thy God giveth thee. ¹⁶ For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God. ¹⁷ Remember what Amalek did unto thee by the way, when ye were come forth out of Egypt; ¹⁸ How he met thee by the way, and smote the hindmost of thee, even all that were feeble behind thee, when thou wast faint and weary; and he feared not God. ¹⁹ Therefore it shall be, when the LORD thy God hath given thee rest from all thine enemies round about, in the land which the LORD thy God giveth thee for an inheritance to possess it, that thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it.

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 (v. 13, 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, Amos 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, 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, v. 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, Prov. 11:1; 20:10, 23; and the apostle tells us that the Lord is the avenger of all such as overreach and defraud in any matter, 1 Thess. 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, v. 17, 18. When it was first done it was ordered to be recorded (Exod. 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, v. 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 (v. 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 Sam. 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 (1 Chron. 4:43); for when God judges he will overcome.