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Text -- Deuteronomy 25:1-4 (NET)
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Names, People and Places, Dictionary Themes and Topics
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collapse allCommentary -- Word/Phrase Notes (per phrase)
Acquit him from guilt and false accusations, and free him from punishment.
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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.
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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.
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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.
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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.
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Wesley: Deu 25:4 - -- Which they did in those parts, either immediately by their hoofs on by drawing carts or other instruments over the corn. Hereby God taught them humani...
Which they did in those parts, either immediately by their hoofs on by drawing carts or other instruments over the corn. Hereby God taught them humanity, even to their beasts that served them, and much more to their servants or other men who laboured for them, especially to their ministers, 1Co 9:9.
JFB -> Deu 25:2-3; Deu 25:4
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).
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JFB: Deu 25:4 - -- In Judea, as in modern Syria and Egypt, the larger grains were beaten out by the feet of oxen, which, yoked together, day after day trod round the wid...
In Judea, as in modern Syria and Egypt, the larger grains were beaten out by the feet of oxen, which, yoked together, day after day trod round the wide open spaces which form the threshing-floors. The animals were allowed freely to pick up a mouthful, when they chose to do so: a wise as well as humane regulation, introduced by the law of Moses (compare 1Co 9:9; 1Ti 5:17-18).
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
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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.
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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.
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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.
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Clarke: Deu 25:4 - -- Thou shalt not muzzle the ox, etc. - In Judea, as well as in Egypt, Greece, and Italy, they make use of beeves to tread out the corn; and Dr. Shaw t...
Thou shalt not muzzle the ox, etc. - In Judea, as well as in Egypt, Greece, and Italy, they make use of beeves to tread out the corn; and Dr. Shaw tells us that the people of Barbary continue to tread out their corn after the custom of the East. Instead of beeves they frequently made use of mules and horses, by tying by the neck three or four in like manner together, and whipping them afterwards round about the nedders, as they call the treading floors, (the Libycae areae Hor ), where the sheaves lie open and expanded, in the same manner as they are placed and prepared with us for threshing. This indeed is a much quicker way than ours, though less cleanly, for as it is performed in the open air, (Hos 13:3), upon any round level plot of ground, daubed over with cow’ s dung to prevent as much as possible the earth, sand, or gravel from rising; a great quantity of them all, notwithstanding this precaution, must unavoidably be taken up with the grain, at the same time that the straw, which is their chief and only fodder, is hereby shattered to pieces; a circumstance very pertinently alluded to in 2Ki 13:7, where the king of Syria is said to have made the Israelites like the dust by threshing - Travels, p. 138. While the oxen were at work some muzzled their mouths to hinder them from eating the corn, which Moses here forbids, instructing the people by this symbolical precept to be kind to their servants and laborers, but especially to those who ministered to them in holy things; so St. Paul applies it 1Co 9:9, etc.; 1Ti 5:18. Le Clerc considers the injunction as wholly symbolical; and perhaps in this view it was intended to confirm the laws enjoined in the fourteenth and fifteenth verses of the former chapter. See Dodd and Shaw
In Bengal, where the same mode of treading cut the corn is used, some muzzle the ox, and others do not, according to the disposition of the farmer - Ward.
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.)
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Calvin: Deu 25:4 - -- 4.Thou shalt not muzzle the ox. This passage, indeed, properly belongs to the Supplements of the Commandment, but, since it is a confirmation of the ...
4.Thou shalt not muzzle the ox. This passage, indeed, properly belongs to the Supplements of the Commandment, but, since it is a confirmation of the foregoing decree, it seemed fit to connect them; especially because its faithful expositor, Paul, declares, that God had no other design in delivering it than that the laborer should not be defrauded of his just hire, (1Co 9:10;) for, when he is speaking of the maintenance to be afforded to the ministers of the Gospel, he adduces it. in proof of his case. And, lest any should object that there is a difference between oxen and men, he adds, that God does not care for oxen, but that it was said for the sake of those that labor. Meanwhile, we must bear in mind, that men are so instructed in equity, that they are bound to exercise it even towards the brute animals; for well does Solomon magnify the injustice, whereby our neighbor is injured, by the comparison; “A righteous man regardeth the life of his beast.” (Pro 12:10.) The sum is, that we should freely and voluntarily pay what is right, and that every one should be strict with himself as to the performance of his duty; for, if we are bound to supply subsistence to brute animals, much less must we wait for men to be importunate with us, in order that they may obtain their due.
Defender -> Deu 25:4
Defender: Deu 25:4 - -- Animals should be treated with due consideration and kindness, as God's creatures (Pro 12:10). The Apostle Paul also used this verse to show that ever...
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...
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 31:8, Pro 31:9; Isa 1:17, Isa 1:23; Isa 5:23, Isa 11:4, Isa 32:1, Isa 32:2; Jer 21:12; Eze 44:24; Mic 3:1, Mic 3:2; Hab 1:4, Hab 1:13; Mal 3:18; Mat 3:10
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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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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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TSK: Deu 25:4 - -- shalt not : In Judea, as well as in Egypt, Greece, and Italy, they made use of beeves to tread out the corn; and the same mode of threshing still obta...
shalt not : In Judea, as well as in Egypt, Greece, and Italy, they made use of beeves to tread out the corn; and the same mode of threshing still obtains in Arabia, Barbary, and other eastern countries, to the present day. The sheaves lie open and expanded on the threshing floors, and the cattle continually move round them, and thus tread out the grain. The natives of Aleppo still religiously observe the ancient humane practice, inculcated by this law, of permitting the oxen to remain unmuzzled when treading out the corn.
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collapse allCommentary -- 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.
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).
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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.
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Barnes: Deu 25:4 - -- 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 ...
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.
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.
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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.
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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.
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Poole: Deu 25:4 - -- As the Gentiles used to do, having divers devices to keep them from eating when they trod out the corn, which they did in those parts and times by o...
As the Gentiles used to do, having divers devices to keep them from eating when they trod out the corn, which they did in those parts and times by oxen, Hos 10:11 , either immediately by their hoofs, Isa 28:28 Mic 4:13 , or by drawing carts or other instruments over the corn, Isa 25:10 28:27 41:15 Amo 1:3 . Hereby God taught them humanity and kindness, even to their beasts that served them, Pro 12:10 , and much more to their servants or other men who laboured for them, and especially to their ministers, 1Co 9:9 .
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)
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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.
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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)
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Haydock: Deu 25:4 - -- Not muzzle, &c. St. Paul understands this of the spiritual labourer in the church of God, who is not to be denied his maintenance, 1 Corinthians ix....
Not muzzle, &c. St. Paul understands this of the spiritual labourer in the church of God, who is not to be denied his maintenance, 1 Corinthians ix. 8, 9, 10. (Challoner) ---
Other labourers, and even beasts, must likewise be treated with humanity. It was formerly the custom in Egypt, Judea, Spain, &c., to have a clean spot in the field, round a tree, where, during the heat of the day, they spread the sheaves, and made oxen continually go round, to tread out the corn. Some had the ill nature to muzzle them, or to cover their mouths with dung; (Æliian iv. 25,) whence arose the proverb, "an ox in a heap" of corn, to denote a miser, who amidst plenty will not eat. (Suidas.) ---
Moses condemns this cruelty; as it is not just, says Josephus, to refuse these animals so small a recompence for the assistance which they afford us in procuring corn. (Calmet) ---
Besides this literal sense, God had principally in view the mystical one, which St. Paul unfolds to us. (Menochius) ---
Paine hence takes occasion to ridicule priests, who, he says, "preach up Deuteronomy, for Deuteronomy preaches up tithes." But this bok enjoins them no more that other books of Scripture, and common reason dictates that the labourer is worthy of his hire. If the artizan, &c., will not work for nothing, why should priests spend their lives and fortunes, for the benefit of the people, without deriving any advantage from them? Who has served in the wars at his own charge at any time? (1 Corinthians ix. 7.) Whether the mode of paying tithes be the most eligible for the support of God's ministers, is a question of smaller importance. It may at least plead a very high antiquity, (Haydock) as it was in force 400 years before the law of Moses. Abraham paid tithes to Melchisedeck, who was both king and priest; and Pisistratus received tithes from the people of Athens, to be expended in the public sacrifices, and for the general good. (Laertius in Solone.; Watson, let. 2.)
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.
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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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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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Gill: Deu 25:4 - -- Thou shall not muzzle the ox when he treadeth out the corn. As oxen are used in ploughing, so likewise in treading or beating out the corn; of the ma...
Thou shall not muzzle the ox when he treadeth out the corn. As oxen are used in ploughing, so likewise in treading or beating out the corn; of the manner of which; see Gill on 1Co 9:9; now while it was thus employed, it might not be restrained by any means from eating the corn as it had an opportunity, either by a muzzle put over its mouth, or other ways. The Gentiles had several ways of restraining their cattle from eating, while they thus made use of them, to which this law is opposed. Maimonides f has collected several or them together, as prohibited by it; as putting a thorn into its mouth, causing a lion to lie down by it, or causing its calf to lie down without, or spreading a skin on the top of the corn, that so it may not eat. Aelianus g relates a very particular way of hindering oxen from eating at such times, used some countries, which was this; that oxen might not eat of the ears of corn, in a floor where they were trod out, they used to besmear their nostrils with cows' dung, which was so disagreeable to the creature, that it would not taste anything though pressed with famine. This law is not to be limited to the ox only, or to this peculiar work assigned it; but, as Jarchi says, respects any sort of cattle, and whatsoever work that has food in it, none of them being to be restrained from eating while at work: and this law was not made for the creatures only, but for men also; and especially for the sake of ministers of the word; who for their strength, labour, and industry, are compared to oxen, and ought to be comfortably supported and maintained on account of their work; for the illustration and confirmation of which this passage is twice produced; see Gill on 1Co 9:9; See Gill on 1Co 9:10; See Gill on 1Ti 5:17; See Gill on 1Ti 5:18.
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expand allCommentary -- Verse Notes / Footnotes
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NET Notes: Deu 25:3 Heb “your brothers” but not limited only to an actual sibling; cf. NAB) “your kinsman”; NRSV, NLT “your neighbor.”
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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...
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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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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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expand allCommentary -- Verse Range Notes
TSK Synopsis -> Deu 25:1-19
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; Deu 25:4
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 ...
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MHCC: Deu 25:4 - --This is a charge to husbandmen. It teaches us to make much of the animals that serve us. But we must learn, not only to be just, but kind to all who a...
Matthew Henry -> Deu 25:1-4
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; Deu 25:4
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,...
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Keil-Delitzsch: Deu 25:4 - --
The command not to put a muzzle upon the ox when threshing, is no doubt proverbial in its nature, and even in the context before us is not intended ...
Constable: Deu 5:1--26:19 - --IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26
". . . Deuteronomy contains the most compre...
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Constable: Deu 12:1--25:19 - --B. An exposition of selected covenant laws 12-25
Moses' homiletical exposition of the law of Israel that...
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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...
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Constable: Deu 25:1-3 - --Criminals 25:1-3
Beating was a form of punishment used in Israel for various offenses. H...
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