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Text -- Deuteronomy 25:1-2 (NET)

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Context
25:1 If controversy arises between people, they should go to court for judgment. When the judges hear the case, they shall exonerate the innocent but condemn the guilty. 25:2 Then, if the guilty person is sentenced to a beating, the judge shall force him to lie down and be beaten in his presence with the number of blows his wicked behavior deserves.
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Names, People and Places, Dictionary Themes and Topics

Dictionary Themes and Topics: TALMUD | Stripes | Scourging | Rulers | Punishment | Moses | LAW OF MOSES | LAW IN THE OLD TESTAMENT | Justice | Judge | FAULT | Court | CONDEMN; CONDEMNATION | Bastinado | more
Table of Contents

Word/Phrase Notes
Wesley , JFB , Clarke , Calvin , 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 25:1 - -- Acquit him from guilt and false accusations, and free him from punishment.

Acquit him from guilt and false accusations, and free him from punishment.

Wesley: Deu 25:2 - -- Which the Jews say was the case of all those crimes which the law commands to be punished, without expressing the kind or degree of punishment.

Which the Jews say was the case of all those crimes which the law commands to be punished, without expressing the kind or degree of punishment.

Wesley: Deu 25:2 - -- That the punishment may be duly inflicted, without excess or defect. And from this no person's rank or quality exempted him, if he was a delinquent.

That the punishment may be duly inflicted, without excess or defect. And from this no person's rank or quality exempted him, if he was a delinquent.

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 25:1 - -- They shall justify the righteous - This is a very important passage, and is a key to several others. The word צדק tsadak is used here precisel...

They shall justify the righteous - This is a very important passage, and is a key to several others. The word צדק tsadak is used here precisely in the same sense in which St. Paul sometimes uses the corresponding word δικαιοω, not to justify or make just, but to acquit, declare innocent, to remit punishment, or give reasons why such a one should not be punished; so here the magistrates הצדיקו hitsdiku , shall acquit, the righteous - declare him innocent, because he is found to be righteous and not wicked: so the Septuagint: και δικαιωσουσιν τον δικαιον they shall make righteous the righteous - declare him free from blame, not liable to punishment, acquitted; using the same word with St. Paul when he speaks of a sinner’ s justification, i. e., his acquittance from blame and punishment, because of the death of Christ in his stead.

Clarke: Deu 25:2 - -- The judge shall cause him to lie down, and to be beaten before his face - This precept is literally followed in China; the culprit receives in the p...

The judge shall cause him to lie down, and to be beaten before his face - This precept is literally followed in China; the culprit receives in the presence of the magistrate the punishment which the law directs to be inflicted. Thus then justice is done, for the magistrate sees that the letter of the law is duly fulfilled, and that the officers do not transgress it, either by indulgence on the one hand, or severity on the other. The culprit receives nothing more nor less than what justice requires.

Calvin: Deu 25:1 - -- Inasmuch as moderation and humanity are here enjoined, it is a Supplement of the Sixth Commandment. The sum is, that, if any one is judicially condem...

Inasmuch as moderation and humanity are here enjoined, it is a Supplement of the Sixth Commandment. The sum is, that, if any one is judicially condemned to be beaten with stripes, the chastisement should not be excessive. The question, however, is as to a punishment, which by lawyers is called a moderate correction, 43 and which ought to be such, as that the body torn by the whip should not be maimed or disfigured. Since, therefore, God has so far spared the guilty, as to repress even just severity, much more would He have regard paid to innocent blood; and since He prohibits the judge from using too great rigor, much less will He tolerate the violence of a private individual, if he shall employ it against his brother. But it was necessary that zeal should be thus restrained, because judges, in other respects not unjust, are often as severe against lesser offenses ( delicta) as against crimes. An equal measure of punishment is not indeed prescribed, as if all were to be beaten alike; it is only prohibited that the judges should order more than forty stripes in all to be inflicted for an offense. Thus the culprits were beaten deliberately, and not in such an indiscriminate manner as when it was not requisite to count the stripes; besides, they were not so injured for the future as to be deprived of the use of any of their limbs. With the same intent God would have the judges themselves to be present, that by their authority they may prevent any excess: and the reason is added, lest “thy brother should seem vile unto thee,” because he had been beaten immoderately. This may be explained in two ways, either, lest his body should be disfigured by the blows, and so he should be rendered unsightly; or, lest, being stained for ever with ignominy and disgrace, he should be discouraged in mind; for we know how grievous and bitter it is to be mocked and insulted. A third sense, 44 which some prefer, is too far-fetched, viz., lest he should die like some vile and contemptible beast; for God only provides that the wretched man should be improved by his chastisement, and not that he should grow callous from his infamy. As the Jews were always ostentatious of their zeal in trifling matters, they invented a childish precaution, in order that they might more strictly observe this law; for they were scrupulous in not proceeding to the fortieth stripe, but, by deducting one, they sought after an empty reputation for clemency, as if they were wiser than God Himself, and superior to Him in kindness. Into such folly do men fall, when they dare out of their own heads to invent anything in opposition to God’s word! This superstition already prevailed in Paul’s time, as we gather from his words, where he reports that “five times he received forty stripes save one.” (2Co 11:24.)

TSK: Deu 25:1 - -- Deu 16:18-20, Deu 17:8, Deu 17:9, Deu 19:17-19; Exo 23:6, Exo 23:7; 2Sa 23:3; 2Ch 19:6-10; Job 29:7-17; Psa 58:1, Psa 58:2, Psa 82:2-4; Pro 17:15, Pro...

TSK: Deu 25:2 - -- Mat 10:17, Mat 27:26; Luk 12:47, Luk 12:48; Act 5:40, Act 16:22-24; 1Pe 2:20, 1Pe 2:24

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Commentary -- Word/Phrase Notes (per Verse)

Barnes: Deu 25:1-2 - -- 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 th...

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 Exo 23:7; Pro 17:15);

(2) then it shall be, etc.

Deu 25:2

Scourging is named as a penalty in Lev 19:20. The beating here spoken of would be on the back with a rod or stick (compare Pro 10:13; Pro 19:29; Pro 26:3).

Poole: Deu 25:1 - -- A controversy about criminal matters, as it follows. They shall justify, i.e. acquit him from guilt and false accusations, and free him from punishm...

A controversy about criminal matters, as it follows. They shall justify, i.e. acquit him from guilt and false accusations, and free him from punishment.

Condemn the wicked declare him guilty, and pass sentence of condemnation to suitable punishments upon him.

Poole: Deu 25:2 - -- Worthy to be beaten which the Jews say was the case of all those crimes which the law commands to be punished, without expressing the kind or degree ...

Worthy to be beaten which the Jews say was the case of all those crimes which the law commands to be punished, without expressing the kind or degree of the punishment.

Before his face that the punishment may be duly inflicted, without excess or defect, which otherwise might easily happen through the executioner’ s passion or partiality.

Haydock: Deu 25:1 - -- Heaven. Destroy him entirely, a sentence which Saul was ordered to put in execution, 1 Kings xv. (Haydock)

Heaven. Destroy him entirely, a sentence which Saul was ordered to put in execution, 1 Kings xv. (Haydock)

Haydock: Deu 25:2 - -- Down, tying him to a low pillar; (Menochius) (Grotius) though many assert, that the criminal was forced to lie prostrate on the ground, as the Jews s...

Down, tying him to a low pillar; (Menochius) (Grotius) though many assert, that the criminal was forced to lie prostrate on the ground, as the Jews still do, in Germany, when they undergo this punishment. (Buxtorf, Syn. 20.) The Jews do not commonly give above 39 strokes, and double the number is inflicted on the back, from what fall upon the breast.

Gill: Deu 25:1 - -- If there be a controversy between men,.... Between two or more: and they come unto judgment; into a court of judicature, bring their cause thither:...

If there be a controversy between men,.... Between two or more:

and they come unto judgment; into a court of judicature, bring their cause thither:

that the judges may judge them; who were never less than three; the great sanhedrim at Jerusalem consisted of seventy one, the lesser court was of twenty three, and the least of all three only:

then they shall justify the righteous, and condemn the wicked: acquit the one, whose cause is good, and condemn the other to punishment, who is guilty of a crime, and as that deserves; which is to do righteous judgment; the contrary to this is an abomination to the Lord, Pro 17:15.

Gill: Deu 25:2 - -- And it shall be, if the wicked man be worthy to be beaten,.... There were four kinds of death criminals were put to by the Jews, stoning, strangling, ...

And it shall be, if the wicked man be worthy to be beaten,.... There were four kinds of death criminals were put to by the Jews, stoning, strangling, burning, and slaying with the sword; and such crimes not as severe as these were punished with beating or scourging; and who they were that were worthy to be beaten is at large set forth in the Misnic treatise called Maccoth x, or "stripes", which are too many to be transcribed. Maimonides says y, that all negative precepts in the law, for the breach of which men are guilty of cutting off, but not of death by the sanhedrim, are to be beaten. They are in all twenty one, and so all deserving of death by the hand of heaven; and they are eighteen, and all negative precepts of the law broken, for which there is neither cutting off nor death by a court of judicature, for these men are to be beaten, and they are one hundred and sixty eight; and all that are to be beaten are found to be two hundred and seven:

that the judge shall cause him to lie down; which seems to be on the floor of the court, since it was to be done immediately, and in the presence of the judge; and the Jews gather z from hence, that he was to be beaten neither standing, nor sitting, but bowed; that is, ye shall command or order him to lie down, or to fall upon the ground with his face towards it:

and to be beaten before his face; in the presence of the judge, that the sentence might be properly executed, neither exceeded not diminished; and indeed all the judges were to be present, especially the bench of three; while he was beating, the chief of the judges read the passage in Deu 28:58; and he that was next to him counted the strokes, and the third at every blow said Smite a: of the manner of beating or scourging; see Gill on Mat 10:17,

according to his fault, by a certain number; as his crime and wickedness was more or less heinous, more or fewer stripes were to be laid on him; as ten or twenty, fewer or more, according to the nature of his offence, as Aben Ezra observes, only he might not add above forty; though he says there are some who say that according to his fault the stripes are larger or lesser, but all of them in number forty.

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Commentary -- Verse Notes / Footnotes

NET Notes: Deu 25:1 Heb “declare to be evil”; NIV “condemning the guilty (+ party NAB).”

NET Notes: Deu 25:2 Heb “according to his wickedness, by number.”

Geneva Bible: Deu 25:1 If there be a controversy between men, and they come unto judgment, ( a ) that [the judges] may judge them; then they shall justify the righteous, and...

Geneva Bible: Deu 25:2 And it shall be, if the wicked man [be] worthy to be beaten, that the judge shall cause him to lie down, ( b ) and to be beaten before his face, accor...

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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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