Barnes' Notes 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. Render it:(1) If there be a controversy between men, and they come to judgment, and the judges judge them, and justify the righteous and condemn the wicked (compare the marginal reference. and Exodus 23:7; Proverbs 17:15); (2) then it shall be, etc.
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. Scourging is named as a penalty in Leviticus 19:20. The beating here spoken of would be on the back with a rod or stick (compare Proverbs 10:13; Proverbs 19:29; Proverbs 26:3).
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. The Jews to keep within the letter of the law fixed 39 stripes as the maximum (compare the marginal reference.). Forty signifies the full measure of judgment (compare Genesis 7:12; Numbers 14:33-34); but the son of Israel was not to be lashed like a slave at the mercy of another. The judge was always to be present to see that the Law in this particular was not overpassed.
Thou shalt not muzzle the ox when he treadeth out the corn. Compare the marginal references. In other kinds of labor the oxen were usually muzzled. When driven to and fro over the threshing-floor in order to stamp out the grain from the chaff, they were to be allowed to partake of the fruits of their labors.
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 an husband's brother unto her. The law of levirate marriage. The law on this subject is not unique to the Jews, but is found (see Genesis 38:8) in all essential respects the same among various Oriental nations, ancient and modern. The rules in these verses, like those upon divorce, do but incorporate existing immemorial usages, and introduce various wise and politic limitations and mitigations of them. The root of the obligation here imposed upon the brother of the deceased husband lies in the primitive idea of childlessness being a great calamity (compare Genesis 16:4; and note), and extinction of name and family one of the greatest that could happen (compare Deuteronomy 9:14; Psalm 109:12-15). To avert this the ordinary rules as to intermarriage are in the case in question (compare Leviticus 18:16) set aside. The obligation was onerous (compare Ruth 4:6), and might be repugnant; and it is accordingly considerably reduced and restricted by Moses. The duty is recognized as one of affection for the memory of the deceased; it is not one which could be enforced at law. That it continued down to the Christian era is apparent from the question on this point put to Jesus by the Sadducees (see the marginal references).No child - literally, "no son." The existence of a daughter would clearly suffice. The daughter would inherit the name and property of the father; compare Numbers 27:1-11.
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.
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.
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;
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. Loose his shoe from off his foot - In token of taking from the unwilling brother all right over the wife and property of the deceased. Planting the foot on a thing was an usual symbol of lordship and of taking possession (compare Genesis 13:17; Joshua 10:24), and loosing the shoe and handing it to another in like manner signified a renunciation and transfer of right and title (compare Ruth 4:7-8; Psalm 60:8, and Psalm 108:9). The widow here is directed herself, as the party slighted and injured, to deprive her brother-law of his shoe, and spit in his face (compare Numbers 12:14). The action was intended to aggravate the disgrace conceived to attach to the conduct of the man.
And his name shall be called in Israel, The house of him that hath his shoe loosed. The house ... - Equivalent to "the house of the barefooted one." To go barefoot was a sign of the most abject condition; compare 2 Samuel 15:30.
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:
Then thou shalt cut off her hand, thine eye shall not pity her. This is the only mutilation prescribed by the Law of Moses, unless we except the retaliation prescribed as a punishment for the infliction on another of bodily injuries Leviticus 24:19-20. The act in question was probably not rare in the times and countries for which the Law of Moses was designed. It is of course to be understood that the act was willful, and that the prescribed punishment would be inflicted according to the sentence of the judges.
Thou shalt not have in thy bag divers weights, a great and a small. Honesty in trade, as a duty to our neighbor, is emphatically enforced once more (compare Leviticus 19:35-36). It is noteworthy that John the Baptist puts the like duties in the forefront of his preaching (compare Luke 3:12 ff); and that "the prophets" (compare Ezekiel 45:10-12; Amos 8:5; Micah 6:10-11) and "the Psalms" Proverbs 16:11; Proverbs 20:10, Proverbs 20:23, not less than "the Law," especially insist on them.Divers weights - i. e. stones of unequal weights, the lighter to sell with, the heavier to buy with. Stones were used by the Jews instead of brass or lead for their weights, as less liable to lose anything through rust or wear.
Thou shalt not have in thine house divers measures, a great and a small.
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.
For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God.
Remember what Amalek did unto thee by the way, when ye were come forth out of Egypt; It was not after the spirit or mission of the Law to aim at overcoming inveterate opposition by love and by attempts at conversion (contrast Luke 9:55-56). The law taught God's hatred of sin and of rebellion against Him by enjoining the extinction of the obstinate sinner. The Amalekites were a kindred people Genesis 36:15-16; and living as they did in the peninsula of Sinai, they could not but have well known the mighty acts God had done for His people in Egypt and the Red Sea; yet they manifested from the first a persistent hostility to Israel (compare Exodus 17:8, and note; Numbers 14:45). They provoked therefore the sentence here pronounced, which was executed at last by Saul (1 Samuel 15:3 ff).
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.
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. |
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