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Text -- Deuteronomy 25:3 (NET)

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Context
25:3 The judge may sentence him to forty blows, but no more. If he is struck with more than these, you might view your fellow Israelite with contempt.
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Names, People and Places, Dictionary Themes and Topics

Dictionary Themes and Topics: VILE, VILLANY | Stripes | Scourging | SCOURGE; SCOURGING | Punishment | Pashur | PUNISHMENTS | Moses | LAW OF MOSES | Justice | Judge | Forty | Beatings | Bastinado | more
Table of Contents

Word/Phrase Notes
Wesley , JFB , Clarke , TSK

Word/Phrase Notes
Barnes , Poole , Haydock , Gill

Verse Notes / Footnotes
NET Notes , Geneva Bible

Verse Range Notes
TSK Synopsis , MHCC , Matthew Henry , Keil-Delitzsch , Constable , Guzik

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Commentary -- Word/Phrase Notes (per phrase)

Wesley: Deu 25:3 - -- It seems not superstition, but prudent caution, when the Jews would not exceed thirty - nine stripes, lest through mistake or forgetfulness they shoul...

It seems not superstition, but prudent caution, when the Jews would not exceed thirty - nine stripes, lest through mistake or forgetfulness they should go beyond their bounds, which they were commanded to keep.

Wesley: Deu 25:3 - -- Should be made contemptible to his brethren, either by this cruel usage of him, as if he were a brute beast: or by the deformity or infirmity of body ...

Should be made contemptible to his brethren, either by this cruel usage of him, as if he were a brute beast: or by the deformity or infirmity of body which excessive beating might produce.

JFB: Deu 25:2-3 - -- In judicial sentences, which awarded punishment short of capital, scourging, like the Egyptian bastinado, was the most common form in which they were ...

In judicial sentences, which awarded punishment short of capital, scourging, like the Egyptian bastinado, was the most common form in which they were executed. The Mosaic law, however, introduced two important restrictions; namely: (1) The punishment should be inflicted in presence of the judge instead of being inflicted in private by some heartless official; and (2) The maximum amount of it should be limited to forty stripes, instead of being awarded according to the arbitrary will or passion of the magistrate. The Egyptian, like Turkish and Chinese rulers, often applied the stick till they caused death or lameness for life. Of what the scourge consisted at first we are not informed; but in later times, when the Jews were exceedingly scrupulous in adhering to the letter of the law and, for fear of miscalculation, were desirous of keeping within the prescribed limit, it was formed of three cords, terminating in leathern thongs, and thirteen strokes of this counted as thirty-nine stripes (2Co 11:24).

Clarke: Deu 25:3 - -- Forty stripes he may give him, and not exceed - According to God’ s institution a criminal may receive forty stripes; not one more! But is the ...

Forty stripes he may give him, and not exceed - According to God’ s institution a criminal may receive forty stripes; not one more! But is the institution from above or not, that for any offense sentences a man to receive three hundred, yea, a thousand stripes? What horrible brutality is this! and what a reproach to human nature, and to the nation in which such shocking barbarities are exercised and tolerated! Most of the inhabitants of Great Britain have heard of Lord Macartney’ s embassy to the emperor of China, and they have also heard of its complete failure; but they have not heard the cause. It appears to have been partly occasioned by the following circumstance: A soldier had been convicted of some petty traffic with one of the natives, and he was sentenced by a court-martial to receive sixty lashes! Hear my author: -

"The soldiers were drawn up in form in the outer court of the place where we resided; and the poor culprit, being fastened to one of the pillars of the great portico, received his punishment without mitigation. The abhorrence excited in the breasts of the Chinese at this cruel conduct, as it appeared to them, was demonstrably proved by their words and looks. They expressed their astonishment that a people professing the mildest, the most benevolent religion on earth, as they wished to have it believed, could be guilty of such flagrant inattention to its merciful dictates. One of the principal Mandarins, who knew a little English, expressed the general sentiment, Englishmen too much cruel, too much bad."- Accurate account of Lord Macartney’ s Embassy to China, by an attendant on the embassy, 12mo., 1797, p. 88

The following is Mr. Ainsworth’ s note on this verse: "This number forty the Scripture uses sundry times in cases of humiliation, affliction, and punishment. As Moses twice humbled himself in fasting and prayer forty days and forty nights, Deu 9:9, Deu 9:18. Elijah fasted forty days, 1Ki 19:8; and our Savior, Mat 4:2. Forty years Israel was afflicted in the wilderness for their sins, Num 14:33, Num 14:34. And forty years Egypt was desolate for treacherous dealing with Israel, Eze 29:11-13. Forty days every woman was in purification for her uncleanness for a man-child that she bare, and twice forty days for a woman-child, Lev 12:4, Lev 12:5. Forty days and forty nights it rained at Noah’ s flood, Gen 7:12. Forty days did Ezekiel bear the iniquity of the house of Judah, Eze 4:6. Jonah preached, Yet forty days and Nineveh shall be overthrown, Jon 3:4. Forty years’ space the Canaanites had to repent after Israel came out of Egypt, and wandered so many years in the wilderness, Num 14:33. And thrice forty years the old world had Noah preaching unto them repentance, Gen 6:3. It was forty days ere Christ ascended into heaven after his resurrection, Act 1:3, Act 1:9. And forty years’ space he gave unto the Jews, from the time that they killed him, before he destroyed their city and temple by the Romans

"By the Hebrews this law is expounded thus: How many stripes do they beat (an offender) with? With forty, lacking one: as it is written, (Deu 25:2, Deu 25:3), by number forty, that is, the number which is next to forty, Talmud Bab, in Maccoth, chap. 3. This their understanding is very ancient, for so they practiced in the apostles’ days; as Paul testified: Of the Jews five times received I forty (stripes) save one; 2Co 11:24. But the reason which they give is not solid; as when they say, If it had been written Forty In Number, I would say it were full forty; but being written In Number Forty, it means the number which reckons forty next after it, that is, thirty-nine. By this exposition they confound the verses and take away the distinction. I rather think this custom was taken up by reason of the manner of their beating forespoken of, which was with a scourge that had three cords, so that every stroke was counted for three stripes, and then they could not give even forty, but either thirty-nine or forty-two, which was above the number set of God. And hereof they write thus: When they judge (or condemn) a sinner to so many (stripes) as he can bear, they judge not but by strokes that are fit to be trebled [that is, to give three stripes to one stroke, by reason of the three cords]. If they judge that he can bear twenty, they do not say he shall be beaten with one and twenty, to the end that they may treble the stripes, but they give him eighteen - Maimon in Sanhedrin, chap. xvii., sec. 2. Thus he that was able to bear twenty stripes, had but eighteen: the executioner smote him but six times, for if he had smitten him the seventh they were counted one and twenty stripes, which was above the number adjudged: so he that was adjudged to forty was smitten thirteen times, which being counted one for three, make thirty-nine. And so R. Bechaios, writing hereof, says, The strokes are trebled; that is, every one is three, and three times thirteen are nine and thirty.

Clarke: Deu 25:3 - -- Thy brother be vile, or be contemptible - By this God teaches us to hate and despise the sin, not the sinner, who is by this chastisement to be amen...

Thy brother be vile, or be contemptible - By this God teaches us to hate and despise the sin, not the sinner, who is by this chastisement to be amended; as the power which the Lord hath given is to edification, not to destruction, 2Co 13:10.

TSK: Deu 25:3 - -- not exceed : 2Co 11:24, 2Co 11:25 vile unto thee : That is, be beaten so cruelly, that, by retaining the marks, he become contemptible in the eyes of ...

not exceed : 2Co 11:24, 2Co 11:25

vile unto thee : That is, be beaten so cruelly, that, by retaining the marks, he become contemptible in the eyes of his brethren. Amendment, and not this, was the object of the punishment. We should hate and despise the sin, but not the sinner. Job 18:3; Luk 15:30, Luk 18:9-12; Jam 2:2, Jam 2:3

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Commentary -- Word/Phrase Notes (per Verse)

Barnes: Deu 25:3 - -- 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...

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 Gen 7:12; Num 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.

Poole: Deu 25:3 - -- Not exceed: it seems not superstition, but prudent caution, when the Jews would not exceed thirty-nine stripes, 2Co 11:24 , lest through mistake or f...

Not exceed: it seems not superstition, but prudent caution, when the Jews would not exceed thirty-nine stripes, 2Co 11:24 , lest through mistake or forgetfulness or eagerness they should go beyond their bounds, which they were commanded to keep, but they were not obliged to go to the utmost extent of them. Thy brother , who, though faulty and chastised, yet still is thy brother by nation, and probably by religion too.

Should seem vile unto thee i.e. should be made contemptible to his brethren, either by this cruel usage of him, as if he were a slave or brute beast; or by the deformity or infirmity of body which excessive beating might produce.

Haydock: Deu 25:3 - -- Eyes. Hebrew, "depart covered with confusion (or more vile) before thy eyes." Hence the Jews do not consider this chastisement as ignominious. (Ca...

Eyes. Hebrew, "depart covered with confusion (or more vile) before thy eyes." Hence the Jews do not consider this chastisement as ignominious. (Calmet)

Gill: Deu 25:3 - -- Forty stripes he may give him, and not exceed,.... And that this number might not be exceeded, it is ordered by the Jewish canons that only thirty nin...

Forty stripes he may give him, and not exceed,.... And that this number might not be exceeded, it is ordered by the Jewish canons that only thirty nine should be given; for it is asked b,"with how many stripes do they beat him? with forty, save one, as it is said, in number "forty" that is, in the number which is next to forty;''this they make out by joining the last word of Deu 25:2 with the first of this; and that this was an ancient sense of the law, and custom upon it, appears by the execution of it on the Apostle Paul; who was not indulged, but suffered the extremity of it as it was then understood; see Gill on 2Co 11:24; moreover, that they might not exceed this number, they used to make a scourge of three lashes, so that every strike they fetched with it was reckoned for three stripes, and thirteen of them made thirty nine; wherefore if they added another stroke, it would have exceeded the number of stripes by two:

lest if he should exceed, and beat him above these with many stripes; they might diminish them, if a man was weak, and not able to bear them; but they might not exceed them, if a man was as strong as Samson, as Maimonides c says:

then thy brother should seem vile unto thee; as if he was a beast, and not a man, and much less a brother. The Targum of Jonathan is,"lest he be in danger, and thy brother be vile;''lest he be in danger of his life, and become vile, as a dead carcass; so the apostle calls dead bodies "vile bodies", Phi 3:21; or in danger of being maimed, and becoming lame or deformed, and so be contemptible: and this punishment of beating with the Jews was not reckoned, according to their writers, reproachful, and as fixing a brand of infamy upon a person; but they were still reckoned brethren, and restored to their former dignities, whatsoever they possessed; so Maimonides d says,"whoever commits a crime, and is beaten, he returns to his dignity, as it is said, "lest thy brother be vile in thine eyes"; when he is beaten, lo, he is thy brother; an high priest, that commits a crime, is beaten by three (i.e. a bench of three judges, by their order), as the rest of all the people, and he returns to his grandeur; but the head of the session (or court of judicature), that commits a crime, they beat him, but he does not return to his principality, nor even return to be as one of the rest of the sanhedrim; for they ascend in holiness, but do not descend.''And yet Josephus represents it as a most infamous and scandalous punishment, as one would think indeed it should be; his words are e, speaking of the laws concerning travellers being allowed to gather grapes, and pluck ears of corn as they passed;"he that does contrary to these laws receives forty stripes, save one, with a public scourge; a free man undergoes this most filthy (or disgraceful) punishment, because for the sake of gain he reproaches his dignity.''

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Commentary -- Verse Notes / Footnotes

NET Notes: Deu 25:3 Heb “your brothers” but not limited only to an actual sibling; cf. NAB) “your kinsman”; NRSV, NLT “your neighbor.”

Geneva Bible: Deu 25:3 ( c ) 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 shoul...

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Commentary -- Verse Range Notes

TSK Synopsis: Deu 25:1-19 - --1 Stripes must not exceed forty.4 The ox is not to be muzzled.5 Of raising seed unto a brother.11 Of the immodest woman.13 Of unjust weights and measu...

MHCC: Deu 25:1-3 - --Every punishment should be with solemnity, that those who see it may be filled with dread, and be warned not to offend in like manner. And though the ...

Matthew Henry: Deu 25:1-4 - -- Here is, I. A direction to the judges in scourging malefactors, Deu 25:1-3. 1. It is here supposed that, if a man be charged with a crime, the accus...

Keil-Delitzsch: Deu 25:1-3 - -- Corporal Punishment. - The rule respecting the corporal punishment to be inflicted upon a guilty man is introduced in Deu 25:1 with the general law,...

Constable: Deu 5:1--26:19 - --IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26 ". . . Deuteronomy contains the most compre...

Constable: Deu 12:1--25:19 - --B. An exposition of selected covenant laws 12-25 Moses' homiletical exposition of the law of Israel that...

Constable: Deu 24:8--26:1 - --9. Laws arising from the ninth commandment 24:8-25:19 The ninth commandment is, "You shall not b...

Constable: Deu 25:1-3 - --Criminals 25:1-3 Beating was a form of punishment used in Israel for various offenses. H...

Guzik: Deu 25:1-19 - --Deuteronomy 25 - More Laws on Various Subjects A. Two laws to protect criminals and animals. 1. (1-3) A limit on corporal punishment. If there is ...

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Introduction / Outline

JFB: Deuteronomy (Book Introduction) DEUTERONOMY, the second law, a title which plainly shows what is the object of this book, namely, a recapitulation of the law. It was given in the for...

JFB: Deuteronomy (Outline) MOSES' SPEECH AT THE END OF THE FORTIETH YEAR. (Deu. 1:1-46) THE STORY IS CONTINUED. (Deu. 2:1-37) CONQUEST OF OG, KING OF BASHAN. (Deu. 3:1-20) AN E...

TSK: Deuteronomy (Book Introduction) The book of Deuteronomy marks the end of the Pentateuch, commonly called the Law of Moses; a work every way worthy of God its author, and only less th...

TSK: Deuteronomy 25 (Chapter Introduction) Overview Deu 25:1, Stripes must not exceed forty; Deu 25:4, The ox is not to be muzzled; Deu 25:5, Of raising seed unto a brother; Deu 25:11, Of t...

Poole: Deuteronomy (Book Introduction) FIFTH BOOK of MOSES, CALLED DEUTERONOMY THE ARGUMENT Moses, in the two last months of his life, rehearseth what God had done for them, and their ...

Poole: Deuteronomy 25 (Chapter Introduction) CHAPTER 25 Judges must do justly, Deu 25:1,2 . Stripes not to exceed forty, Deu 25:3 . The threshing ox not to be muzzled, Deu 25:4 . The duty of r...

MHCC: Deuteronomy (Book Introduction) This book repeats much of the history and of the laws contained in the three foregoing books: Moses delivered it to Israel a little before his death, ...

MHCC: Deuteronomy 25 (Chapter Introduction) (Deu 25:1-3) Extent of punishment. (Deu 25:4) The ox that treadeth the corn. (Deu 25:5-12) Marriage of a brother's wife. (Deu 25:13-16) Of unjust w...

Matthew Henry: Deuteronomy (Book Introduction) An Exposition, with Practical Observations, of The Fifth Book of Moses, Called Deuteronomy This book is a repetition of very much both of the history ...

Matthew Henry: Deuteronomy 25 (Chapter Introduction) Here is, I. A law to moderate the scourging of malefactors (Deu 25:1-3). II. A law in favour of the ox the treads out the corn (Deu 25:4). III. ...

Constable: Deuteronomy (Book Introduction) Introduction Title The title of this book in the Hebrew Bible was its first two words,...

Constable: Deuteronomy (Outline) Outline I. Introduction: the covenant setting 1:1-5 II. Moses' first major address: a review...

Constable: Deuteronomy Deuteronomy Bibliography Adams, Jay. Marriage, Divorce and Remarriage in the Bible. Phillipsburg, N.J.: Presbyt...

Haydock: Deuteronomy (Book Introduction) INTRODUCTION. THE BOOK OF DEUTERONOMY. This Book is called Deuteronomy, which signifies a second law , because it repeats and inculcates the ...

Gill: Deuteronomy (Book Introduction) INTRODUCTION TO DEUTERONOMY This book is sometimes called "Elleh hadebarim", from the words with which it begins; and sometimes by the Jews "Mishne...

Gill: Deuteronomy 25 (Chapter Introduction) INTRODUCTION TO DEUTERONOMY 25 Several laws are contained in this chapter, as concerning beating such whose crimes required it, Deu 25:1; of not mu...

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