Text -- Deuteronomy 25:1-6 (NET)

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. 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. 25:4 You must not muzzle your ox when it is treading grain.

Respect for the Sanctity of Others

25:5 If brothers live together and one of them dies without having a son, the dead man’s wife must not remarry someone outside the family. Instead, her late husband’s brother must go to her, marry her, and perform the duty of a brother-in-law. 25:6 Then the first son she bears will continue the name of the dead brother, thus preventing his name from being blotted out of Israel.

Commentary -- Word/Phrase Notes (per phrase)

Wesley: Deu 25:1

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.

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.

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 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 which excessive beating might produce.

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 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.

Wesley: Deu 25:5

In the same town, or at least country. For if the next brother had removed his habitation into remote parts, on were carried thither into captivity, then the wife of the dead had her liberty to marry the next kinsman that lived in the same place with her.

Wesley: Deu 25:5

Any of them, for the words are general, and the reason of the law was to keep up the distinction of tribes and families, that so the Messiah might be discovered by the family from which he was appointed to proceed; and also of inheritances, which were divided among all the brethren, the first-born having only a double portion.

Wesley: Deu 25:5

To one of another family.

Wesley: Deu 25:6

That a family be not lost. So this was a provision that the number of their families might not be diminished.

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 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).

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 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).

JFB: Deu 25:5-10

This usage existed before the age of Moses (Gen 38:8). But the Mosaic law rendered the custom obligatory (Mat 22:25) on younger brothers, or the nearest kinsman, to marry the widow (Rth 4:4), by associating the natural desire of perpetuating a brother's name with the preservation of property in the Hebrew families and tribes. If the younger brother declined to comply with the law, the widow brought her claim before the authorities of the place at a public assembly (the gate of the city); and he having declared his refusal, she was ordered to loose the thong of his shoe--a sign of degradation--following up that act by spitting on the ground-- the strongest expression of ignominy and contempt among Eastern people. The shoe was kept by the magistrate as an evidence of the transaction, and the parties separated.

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 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 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.

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 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 amended; as the power which the Lord hath given is to edification, not to destruction, 2Co 13:10.

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 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 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.)

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 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.

Calvin: Deu 25:5

5.If brethren dwell together, and one of them die. This law has some similarity with that which permits a betrothed person to return to the wife, whom he has not yet taken; since the object of both is to preserve to every man what he possesses, so that he may not be obliged to leave it to strangers, but that he may have heirs begotten of his own body: for, when a son succeeds to the father, whom he represents, there seems to be hardly any change made. Hence, too, it is manifest how greatly pleasing to God it is that no one should be deprived of his property, since He makes a provision even for the dying, that what they could not resign to others without regret and annoyance, should be preserved to their offspring. Unless, therefore, his kinsman should obviate the dead man’s childlessness, this inhumanity is accounted a kind of theft. For, since to be childless was a curse of God, it was a consolation in this condition to hope for a borrowed offspring, that the name might not be altogether extinct.

Since we now understand the intention of the law, we must also observe that the word brethren does not mean actual brothers, but cousins, and other kinsmen, whose marriage with the widows of their relative would not have been incestuous; otherwise God would contradict Himself. But these two things are quite compatible, that no one should uncover the nakedness of his brother, and yet that a widow should not marry out of her husband’s family, until she had raised up seed to him from some relation. In fact, Boaz did not marry Ruth because he was the brother of her deceased husband, but only his near kinsman. If any should object that it is not probable that other kinsmen should dwell together, I reply that this passage is improperly supposed to refer to actual living together, as if they dwelt in the same house, but that the precept is merely addressed to relations, whose near residence rendered it convenient to take the widows to their own homes; for, if any lived far away, liberty was accorded to both to seek the fulfillment of the provision elsewhere. Surely it is not probable that God would have authorized an incestuous marriage, which He had before expressed His abomination of. Nor can it be doubted, as I have above stated, but that the like necessity was imposed upon the woman of offering herself to the kinsman of her former husband; and although there was harshness in this, still she seemed to owe this much to his memory, that she should willingly raise up seed to the deceased; yet, if any one think differently, I will not contend the point with him. If, however, she were not obliged to do so, it was absurd that she should voluntarily obtrude herself: nor was there any other reason why she should bring to trial the kinsman, from whom she had suffered a repulse, except that she might acquire the liberty of marrying into another family. Yet it is not probable that he was to be condemned to an ignominious punishment, without being admitted to make his defense, because sometimes just reasons for refusal might be alleged. This disgrace, therefore, was only a penalty for inhumanity or avarice. By giving up his shoe, he renounced his right of relationship, and gave it up to another: for, by behaving so unkindly towards the dead, he became unworthy of reaping any of the advantages of his relationship.

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 every laborer is worthy of his hire, especially those in God's service (1Co 9:9, 1Co 9:10; 1Ti 5:18)."

Defender: Deu 25:5

Deu 25:5-10 describes the rules applicable to so-called "Levirate marriages," the word "levirate" derived from a Latin word meaning "brother-in-law." If the brother either would not or could not fulfill this responsibility, the right and responsibility passed to the nearest kinsman (Rth 2:20; Rth 4:1-10)."

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 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

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

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 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

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 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.

muzzle : Pro 12:10; 1Co 9:9, 1Co 9:10; 1Ti 5:17, 1Ti 5:18

treadeth out : Heb. thresheth, Isa 28:27; Hos 10:11

TSK: Deu 25:5

brethren : Mat 22:24; Mar 12:19; Luk 20:28

husband’ s brother : or, next kinsman, Gen 38:8, Gen 38:9; Rth 1:12, Rth 1:13, Rth 3:9, Rth 4:5

TSK: Deu 25:6

the firstborn : Gen 28:8-10

that his name : Deu 9:14, Deu 29:20; Rth 4:10-12; Psa 9:5, Psa 109:13, brother’ s wife, or, next kinsman’ s wife, go up, Deu 21:19; Rth 4:1-7

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 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).

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 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.

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 stamp out the grain from the chaff, they were to be allowed to partake of the fruits of their labors.

Barnes: Deu 25:5-10

The law of levirate marriage. The law on this subject is not unique to the Jews, but is found (see Gen 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 Gen 16:4; and note), and extinction of name and family one of the greatest that could happen (compare Deu 9:14; Psa 109:12-15). To avert this the ordinary rules as to intermarriage are in the case in question (compare Lev 18:16) set aside. The obligation was onerous (compare Rth 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).

Deu 25:5

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 Num 27:1-11.

Deu 25:9

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 Gen 13:17; Jos 10:24), and loosing the shoe and handing it to another in like manner signified a renunciation and transfer of right and title (compare Rth 4:7-8; Psa 60:8, and Psa 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 Num 12:14). The action was intended to aggravate the disgrace conceived to attach to the conduct of the man.

Deu 25:10

The house ... - Equivalent to "the house of the barefooted one."To go barefoot was a sign of the most abject condition; compare 2Sa 15:30.

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 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 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.

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 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.

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 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 .

Poole: Deu 25:5

Brethren strictly so called, as is evident from Deu 25:7 Gen 38:8 Rth 1:13 Mat 22:24,25 . Dwell together; either,

1. Strictly, in the same house or family; which is not probable, because the married brother may be presumed to have left his father’ s house, and set up a family of his own. Or,

2. More largely, in the same town or city, or, at least, country. This is added for a relief of their consciences, that if the next brother had removed his habitation into remote parts, or were carried thither into captivity, which God foresaw would be their case, then the wife of the dead had her liberty to marry to the next kinsman that lived in the same place with her. One of them ; either,

1. The first and eldest of them, as it was practised, Gen 38:6 , &c., and expounded, Mat 22:25 ; one being oft put for the first, as Gen 1:5 2:11 Hag 1:1 Mar 16:2 . And the chief care was about the first-born, who were invested with singular privileges, and were types of Christ. Or,

2. Any of them, for the words are general, and so the practice may seem to have been, Ru 3 ; and the reason of the law may seem to be in a great measure the same, which was to keep up the distinction, as of tribes and families, that so the Messias might be discovered by the family from which he was appointed to proceed, so also of inheritances, which were divided among all the brethren, the first-born having only a double portion.

Have no child Heb. no son . But son is oft put for any child , male or female, both in Scripture and other authors; and therefore the Hebrew no son is rendered no child here, as it is in effect, Mat 22:24 Mar 12:19 Luk 20:28 . And indeed this caution was not necessary when there was a daughter, whose child might be adopted into the name and family of its grandfather.

Unto a stranger i.e. to one of another family, as that word is oft used.

Her husband’ s brother shall go in unto her except he was married himself, as may appear by other scriptures, and by the reason of the thing, and, as some add, from the phrase of dwelling together , to wit, in their father’ s family.

Poole: Deu 25:6

In the name of his brother shall be called and reputed his son. See Rth 4:17 .

That his name be not put out of Israel that a family be not lost. So this was a provision that the number of their families might not be diminished.

Haydock: Deu 25:1

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 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.

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. (Calmet)

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. 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.)

Haydock: Deu 25:5

Together, as the sons of Juda did: (Genesis xxxviii. 8,) though custom (Calmet) and analogy extend this to other brothers, at least to those who live in the promised land, and have the inheritance in common, as appears from the history of Ruth, Ruth i. 13, &c. Noemi supposes that all the sons whom she might have had, would have been under the same obligation towards her daughter-in-law. The Rabbins restrain this law as much as they can, asserting that if the deceased left an adopted or natural child, the brother need not marry his widow, nor was any obliged but the next in age, and not married. St. Justin (q. 132,) teaches the reverse. (Calmet) ---

Half-brothers were included, (Menochius) and indeed every relation, in order, who, upon the refusal of the next heir, wished to take possession of the deceased person's land, Ruth iv. (Haydock) ---

The Jews no longer observe this law, as they have not possession of Chanaan. (Cuneus i. 7.) ---

Fagius asserts that it was neglected after the captivity of Babylon, because the inheritances were confounded. (Calmet) ---

This, however, does not seem to have been the opinion of those who have undertaken to reconcile the genealogy of our Saviour, given by Sts. Matthew and Luke, by supposing that St. Joseph was the son of Jacob by birth, and of Heli according to the law. (St. Hilary) Africanus says (Ep. to Aristides) that "Heli dying without issue, Jacob was obliged to marry his widow, by whom he had Joseph, a descendant of Solomon by Jacob, and of Nathan by Heli," as their common mother, Esta, had married successively Mathan and Melchi, (or rather Mathat) who sprung from those two branches of David's family. (Dupin) (Haydock) ---

The Athenians followed a similar regulation with respect to orphan young women, whom the next of kin were bound to marry and to endow. The Tartars assert their right to marry the widows of their brethren. The Egyptians did not consider the marriage as real, nor any relationship contracted, in case the woman had no issue, on which principle there was no impediment ot prevent the brother from marrying the widow of his brother. On other occasions such contracts were declared illegal, Leviticus xviii. 16. (Calmet) ---

This was a positive law, (Worthington; Genesis xxxviii.) which admitted of an exception.

Haydock: Deu 25:6

Name. Josephus ([Antiquities?] iv. 8) takes this literally, as St. Augustine once did, though afterwards he retracted that opinion, (B. ii. 12,) on considering that Booz called his son Obed, and not Mahalon, which was the name of the first husband of Ruth, Ruth iv. 17. (Calmet) ---

Houbigant thinks some omissions have taken place in the very short genealogy of David, mentioned in that chapter, and instead of Obed, he would substitute Jachin, as the first-born of Ruth. He thinks that Solomon alluded to two of his ancestors, when he styled the two pillars before the temple Jachin and Booz. "In strength it shall stand or establish," 3 Kings vii. 21. Hebrew, "the first-born which she beareth shall arise (or succeed) in the name (or by the right and title) of his brother." See Numbers xxiv. 3. (Haydock) ---

Name is sometimes put for succession, (Calmet) or instead of another. (Menochius)

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:

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, 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.

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 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.''

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 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.

Gill: Deu 25:5

If brethren dwell together,.... Not only in the same country, province, town, or city, but in the same house; such who had been from their youth brought up together in their father's house, and now one of them being married, as the case put supposes, they that were unmarried might live with him, and especially if the father was dead; and so may except such as were abroad, and in foreign countries, or at such a distance that this law coals not well be observed by them; though the Targum of Jonathan, and so Jarchi, interpret it of their being united in an inheritance, all by virtue of relation having a claim to their father's inheritance; so that it mattered not where they dwelt, it is the relation that is regarded, and their right of inheritance; and the above Targum describes them as brethren on the father's side, and so Jarchi says excepts his brother on the mother's side; for brethren by the mother's side, in case of inheritance, and the marrying of a brother's wife, were not reckoned brethren, as Maimonides ^h observes; who adds, that there is no brotherhood but on the father's side. Some think that when there were no brethren in a strict and proper sense, the near kinsmen, sometimes called brethren, were to do the office here enjoined, and which they conclude from the case of Boaz and Ruth; but Aben Ezra contradicts this, and says that instance is no proof of it, it respecting another affair, not marriage, but redemption; and says that brethren, absolutely and strictly speaking are here meant; which is agreeably to their tradition ⁱ:

and one of them die, and have no child: son, or daughter, son's son, or daughter's son, or daughter's daughter, as Jarchi notes; if there were either of these, children or grandchildren, of either sex, there was no obligation to marry a brother's wife; so, in the case put to Christ, there was no issue, the person was childless, Mat 22:24,

the wife of the dead shall not marry without unto a stranger; by whom is meant not a Gentile, or a proselyte of the gate, or of righteousness, but any Israelite whatever, that was not of her husband's family; she might not marry out of the family; that is, she was refused by all, the design of the law being to secure inheritances, and continue them in families to which they belonged:

her husband's brother shall go in unto her, and take her to him to wife; that is, supposing him to be unmarried, and this is indeed supposed in the first clause of the text, by dwelling with his brother; for had he been married, he would have dwelt with his wife and family apart; besides, if this law obliged a married man to marry his brother's wife, polygamy would be required and established by a law of God, which was never otherwise than permitted. This is to be understood of the eldest brother, as Jarchi, who is in an unmarried state; so it is said in the Misnah ^k,"the command is upon the eldest to marry his brother's wife; if he will not, they go to all the brethren; if they will not, they return to the eldest; and say to him, upon thee is the commandment, either allow the shoe to be plucked off, or marry;''and such a course we find was taken among the Jews in our Lord's time, Mat 22:25,

and perform the duty of an husband's brother to her; cohabit together as man and wife, in order to raise up seed to his brother, and perform all the offices and duties of an husband to a wife; but the marriage solemnity was not to take place when it was agreed to, until three months or ninety days had passed from the death of the brother, that it might be known whether she was with child or no by her husband, and in such a case this law had no force; so runs the Jewish canon ^l"a brother's wife may not pluck off the shoe, nor be married, until three months;''that is, after her husband's death.

Gill: Deu 25:6

And it shall be that the firstborn that she beareth,.... To her husband's brother, now married to her:

shall succeed in the name of his brother which is dead; the meaning is, as the Targum of Jonathan,"he shall rise up in the inheritance in the name of his brother;''or, as Jarchi expresses it,"he shall take the inheritance of the deceased in the goods of his father;''that is, he shall have his part and share in the inheritance that the deceased brother would have had if he had lived, which would come to him by his father:

that his name be not put out of Israel; that the family be not lost in Israel, and the inheritance belonging to it pass to another. This law was designed to keep families distinct, and inheritances in them, until the Messiah came, and that it might appear from what family he came; as he did from one in whom, as it is generally thought, this law took place: and it might have still a more special respect to him, as Ainsworth suggests; for Christ in the mystical sense may be signified by the deceased brother; he stands in the relation of a brother to his people, and has all the love, friendship, compassion, and condescension of one; he and they are of one and the same father, of the same family, and of the same nature, and have the same inheritance they being co-heirs with him; nor is he ashamed to own the relation. This brother of theirs is deceased; his death was according to the will of God, what he himself agreed to, and was foretold by the prophets; for which purpose he came into the world, and did die as to the flesh, and that for the sins of his people. Now the Jewish church was his wife, by whom he had no children through the law; that church was espoused to him, he stood in the relation of an husband to her, and she in the relation of a wife to him. Very few children were brought forth by her to him, see, Isa 54:1; and none by the law, by which there is no regeneration, but by the Gospel; it is through that, and not the law, the Spirit and his graces come; or souls are born again to Christ, renewed and sanctified. The apostles that survived Christ, and the ministers of the Gospel, are his brethren, Joh 20:17; and who are instruments in begetting souls to Christ; and these are a seed raised up unto him, and are called not after the name of the apostles and ministers of the word, through whose ministry they are begotten, 1Co 1:12; but after Christ; and have the name of Christians, or anointed ones, from him, and by which means his name is, and will be continued as long as the sun endures, Act 11:26.

Commentary -- Verse Notes / Footnotes

NET Notes: Deu 25:1

¹ tn Heb “men.”

² tn Heb “they”; the referent (the judges) has been specified in the translation for clarity.

³ tn Heb “declare to be just”; KJV, NASB “justify the righteous”; NAB, NIV “acquitting the innocent.”

⁴ tn Heb “declare to be evil”; NIV “condemning the guilty (+ party NAB).”

NET Notes: Deu 25:2

¹ tn Heb “and it will be.”

² tn Heb “if the evil one is a son of smiting.”

³ tn Heb “according to his wickedness, by number.”

NET Notes: Deu 25:3

¹ tn Heb “he”; the referent (the judge) has been specified in the translation for clarity.

² tn Heb “Forty blows he may strike him”; however, since the judge is to witness the punishment (v. 2) it is unlikely the judge himself administered it.

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

NET Notes: Deu 25:4

¹ tn Heb “an.” By implication this is one’s own animal.

NET Notes: Deu 25:5

¹ tn Heb “take her as wife”; NRSV “taking her in marriage.”

² sn This is the so-called “levirate” custom (from the Latin term levir, “brother-in-law”), an ancient provision whereby a man who died without male descendants to carry on his name could have a son by proxy, that is, through a surviving brother who would marry his widow and whose first son would then be attributed to the brother who had died. This is the only reference to this practice in an OT legal text but it is illustrated in the story of Judah and his sons (Gen 38) and possibly in the account of Ruth and Boaz (Ruth 2:8; 3:12; 4:6).

NET Notes: Deu 25:6

¹ tn Heb “and it will be that.”

² tn Heb “the firstborn.” This refers to the oldest male child.

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 condemn the wicked.

^{( a )} Whether there is a plaintiff or not, the magistrates should try our faults, and punish according to the crime.

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, according to his fault, by a certain number.

^{( b )} When the crime does not deserve death.

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 should seem vile unto thee.

^{( c )} The superstition Jews later removed one, (2Co 11:24).

Geneva Bible: Deu 25:5

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 ^{( d )} 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.

^{( d )} Because the Hebrew word does not signify the natural brother, and the word that signifies a brother, is taken also for a kinsman: it seems that it does not mean that the natural brother should marry his brothers wife, but some other kindred that was in the degree that might marry.

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 measures.

17 The memory of Amalek is to be blotted out.

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 criminals must be shamed as well as put to pain, for their warning and disgrace, yet care should be taken that they do not appear totally vile. Happy those who are chastened of the Lord to humble them, that they should not be condemned with the world to destruction.

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 are employed for the good of our better part, our souls, 1Co 9:9.

MHCC: Deu 25:5-12

The custom here regulated seems to have been in the Jewish law in order to keep inheritances distinct; now it is unlawful.

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 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, Pro 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 Deu 28:58, Deu 28:59, and Deu 29:9, and concluded with those words (Psa 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, Luk 12:47, Luk 12:48. (3.) That how great soever the crime were the number of stripes should never exceed forty, Deu 25:3. Forty save one was the common usage, as appears, 2Co 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 (2Th 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, Deu 25:4. 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, 1Co 9:9, 1Co 9:10, and 1Ti 5:17, 1Ti 5:18. 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.

Matthew Henry: Deu 25:5-12

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, Deu 25:5, Deu 25:6. 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 (Mat 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, Deu 25:7. 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, Deu 25:8-10. 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 (Rth 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, Deu 25:11, Deu 25:12. 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.

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, that in a dispute between two men the court was to give right to the man who was right, and to pronounce the guilty man guilty (cf. Exo 22:8 and Exo 23:7).

Deu 25:2

If the guilty man was sentenced to stripes, he was to receive his punishment in the presence of the judge, and not more than forty stripes, that he might not become contemptible in the eyes of the people. הכּות בּן , son of stripes, i.e., a man liable to stripes, like son (child) of death, in 1Sa 20:31. "According to the need of his crime in number," i.e., as many stripes as his crime deserved.

Deu 25:3

"Forty shall ye beat him, and not add," i.e., at most forty stripes, and not more. The strokes were administered with a stick upon the back (Pro 10:13; Pro 19:29; Pro 26:3, etc.). This was the Egyptian mode of whipping, as we may see depicted upon the monuments, when the culprits lie flat upon the ground, and being held fast by the hands and feet, receive their strokes in the presence of the judge (vid., Wilkinson, ii. p. 11, and Rosellini , ii. 3, p. 274, 78). The number forty was not to be exceeded, because a larger number of strokes with a stick would not only endanger health and life, but disgrace the man: "that thy brother do not become contemptible in thine eyes." If he had deserved a severer punishment, he was to be executed. In Turkey the punishments inflicted are much more severe, viz., from fifty to a hundred lashes with a whip; and they are at the same time inhuman (see v. Tornauw, Moslem. Recht, p. 234). The number, forty, was probably chosen with reference to its symbolical significance, which it had derived from Gen 7:12 onwards, as the full measure of judgment. The Rabbins fixed the number at forty save one (vid., 2Co 11:24), from a scrupulous fear of transgressing the letter of the law, in case a mistake should be made in the counting; yet they felt no conscientious scruples about using a whip of twisted thongs instead of a stick (vid., tract. Macc . iii. 12; Buxtorf , Synag. Jud. pp. 522-3; and Lundius, Jüd. Heiligth. p. 472).

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 to apply merely literally to an ox employed in threshing, but to be understood in the general sense in which the Apostle Paul uses it in 1Co 9:9 and 1Ti 5:18, viz., that a labourer was not to be deprived of his wages. As the mode of threshing presupposed here - namely, with oxen yoked together, and driven to and fro over the corn that had been strewn upon the floor, that they might kick out the grains with their hoofs - has been retained to the present day in the East, so has also the custom of leaving the animals employed in threshing without a muzzle (vid., Hoest, Marokos, p. 129; Wellst. Arabien, i. p. 194; Robinson , Pal. ii. pp. 206-7, iii. p. 6), although the Mosaic injunctions are not so strictly observed by the Christians as by the Mohammedans (Robinson, ii. p. 207).

Keil-Delitzsch: Deu 25:5-10

On Levirate Marriages. - Deu 25:5, Deu 25:6. If brothers lived together, and one of them died childless, the wife of the deceased was not to be married outside (i.e., away from the family) to a strange man (one not belonging to her kindred); her brother-in-law was to come to her and take her for his wife, and perform the duty of a brother-in-law to her. יבּם , denom . from יבם , a brother-in-law, husband's brother, lit., to act the brother-in-law, i.e., perform the duty of a brother-in-law, which consisted in his marrying his deceased brother's widow, and begetting a son of children with her, the first-born of whom was "to stand upon the name of his deceased brother,"i.e., be placed in the family of the deceased, and be recognised as the heir of his property, that his name (the name of the man who had died childless) might not be wiped out or vanish out of Israel. The provision, "without having a son"( ben ), has been correctly interpreted by the lxx, Vulg., Josephus (Ant. iv. 8, 23), and the Rabbins , as signifying childless (having no seed, Mat 22:25); for if the deceased had simply a daughter, according to Num 27:4., the perpetuation of his house and name was to be ensured through her. The obligation of a brother-in-law's marriage only existed in cases where the brothers had lived together, i.e., in one and the same place, not necessarily in one house or with a common domestic establishment and home (vid., Gen 13:6; Gen 36:7). - This custom of a brother-in-law's (Levirate) marriage, which is met with in different nations, and as an old traditional custom among the Israelites (see at Gen 38:8.), had its natural roots in the desire inherent in man, who is formed for immortality, and connected with the hitherto undeveloped belief in an eternal life, to secure a continued personal existence for himself and immorality for his name, through the perpetuation of his family and in the life of the son who took his place. This desire was not suppressed in Israel by divine revelation, but rather increased, inasmuch as the promises given to the patriarchs were bound up with the preservation and propagation of their seed and name. The promise given to Abraham for his seed would of necessity not only raise the begetting of children in the religious views of the Israelites into the work desired by God and well-pleasing to Him, but would also give this significance to the traditional custom of preserving the name and family by the substitution of a marriage of duty, that they would thereby secure to themselves and their family a share in the blessing of promise. Moses therefore recognised this custom as perfectly justifiable; but he sought to restrain it within such limits, that it should not present any impediment to the sanctification of marriage aimed at by the law. He took away the compulsory character, which it hitherto possessed, by prescribing in Deu 25:7., that if the surviving brother refused to marry his widowed sister-in-law, she was to bring the matter into the gate before the elders of the town (vid., Deu 21:19), i.e., before the magistrates; and if the brother-in-law still persisted in his refusal, she was to take his shoe from off his foot and spit in his face, with these words: "So let it be done to the man who does not build up his brother's house."

The taking off of the shoe was an ancient custom in Israel, adopted, according to Rth 4:7, in cases of redemption and exchange, for the purpose of confirming commercial transactions. The usage arose from the fact, that when any one took possession of landed property he did so by treading upon the soil, and asserting his right of possession by standing upon it in his shoes. In this way the taking off of the shoe and handing it to another became a symbol of the renunciation of a man's position and property, - a symbol which was also common among the Indians and the ancient Germans (see my Archäologie , ii. p. 66). But the custom was an ignominious one in such a case as this, when the shoe was publicly taken off the foot of the brother-in-law by the widow whom he refused to marry. He was thus deprived of the position which he ought to have occupied in relation to her and to his deceased brother, or to his paternal house; and the disgrace involved in this was still further heightened by the fact that his sister-in-law spat in his face. This is the meaning of the words (cf. Num 12:14), and not merely spit on the ground before his eyes, as Saalschütz and others as well as the Talmudists ( tr. Jebam. xii. 6) render it, for the purpose of diminishing the disgrace. "Build up his brother's house," i.e., lay the foundation of a family or posterity for him (cf. Gen 16:2). - In addition to this, the unwilling brother-in-law was to receive a name of ridicule in Israel: " House of the shoe taken off "( הנּעל חלוּץ , taken off as to his shoe; cf. Ewald , §288, b .), i.e., of the barefooted man, equivalent to "the miserable fellow;"for it was only in miserable circumstances that the Hebrews went barefoot (vid., Isa 20:2-3; {
>, and Deu 28:5, Deu 28:17) is a basket of wicker-work, and not, as Knobel maintains, the Deuteronomist's word for צנצנת rof (Exo 16:33. " The priest "is not the high priest, but the priest who had to attend to the altar-service and receive the sacrificial gifts. - The words, "I have to-day made known to the Lord thy God,"refer to the practical confession which was made by the presentation of the first-fruits. The fruit was the tangible proof that they were in possession of the land, and the presentation of the first of this fruit the practical confession that they were indebted to the Lord for the land. This confession the offerer was also to embody in a prayer of thanksgiving, after the basket had been received by the priest, in which he confessed that he and his people owed their existence and welfare to the grace of God, manifested in the miraculous redemption of Israel out of the oppression of Egypt and their guidance into Canaan.

Deu 26:5-9

אבי אבד ארמּי , " a lost (perishing) Aramaean was my father "(not the Aramaean, Laban , wanted to destroy my father, Jacob , as the Chald ., Arab ., Luther , and others render it). אבד signifies not only going astray, wandering, but perishing, in danger of perishing, as in Job 29:13; Pro 31:6, etc. Jacob is referred to, for it was he who went down to Egypt in few men. He is mentioned as the tribe-father of the nation, because the nation was directly descended from his sons, and also derived its name of Israel from him. Jacob is called in Aramaean, not only because of his long sojourn in Aramaea (Gen 29-31), but also because he got his wives and children there (cf. Hos 12:13); and the relatives of the patriarchs had accompanied Abraham from Chaldaea to Mesopotamia (Aram; see Gen 11:30). מעט בּמתי , consisting of few men ( בּ , the so-called beth essent ., as in Deu 10:22; Exo 6:3, etc.; vid., Ewald , §299, q .). Compare Gen 34:30, where Jacob himself describes his family as "few in number."On the number in the family that migrated into Egypt, reckoned at seventy souls, see the explanation at Gen 46:27. On the multiplication in Egypt into a great and strong people, see Exo 1:7, Exo 1:9; and on the oppression endured there, Exo 1:11-22, and Exo 2:23. - The guidance out of Egypt amidst great signs (Deu 26:8), as in Deu 4:34.

Deu 26:10

" So shalt thou set it down (the basket with the first-fruits) before Jehovah ."These words are not to be understood, as Clericus , Knobel , and others suppose, in direct opposition to Deu 26:4 and Deu 26:5, as implying that the offerer had held the basket in his hand during the prayer, but simply as a remark which closes the instructions.

Deu 26:11

Rejoicing in all the good, etc., points to the joy connected with the sacrificial meal, which followed the act of worship (as in Deu 12:12). The presentation of the first-fruits took place, no doubt, on their pilgrimages to the sanctuary at the three yearly festivals (ch. 16); but it is quite without ground that Riehm restricts these words to the sacrificial meals to be prepared from the tithes, as if they had been the only sacrificial meals (see at Deu 18:3).

Constable: Deu 5:1--26:19

IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26

". . . Deuteronomy contains the most comprehensive body of laws in the Pentateuch. It is clearly intended to be consulted for guidance on many aspects of daily life, in sharp contrast with the laws of Leviticus, which are very restricted in scope and mainly concern the functions of the priesthood."⁶⁸

"Two of the major elements [in ancient Near Eastern covenant texts] . . . are lists of stipulations, the first of a general, principal nature and the second of a more specific and applicational kind. That is, the first spelled out in broad strokes the kinds of actions and reactions the Great King expected of his vassal, and the other offered examples of how these general expectations could and should be worked out in everyday life within the relationship.

"While a general correspondence exists between Deuteronomy and the secular treaty texts, especially in form, there are significant differences as well. Among these are the narrative sections and the extensive parenesis [exhortation], both of which are lacking in the extrabiblical models. It is important to note here, moreover, that Deuteronomy, in addition to being a covenant text, is also a law code, or, more precisely, contains a law code. The general stipulation section (5:1-11:32) and the specific stipulation section (12:1-26:15) function as such a law code and thus serve both in this capacity and in that of covenant stipulation. To put it more succinctly, the stipulations of the Deuteronomic covenant constitute the law code for the nation Israel that was about to enter the new conditions and expectations of life in the land of promise. This is why the following principles resemble both legal statutes and covenant stipulations at one and the same time."⁶⁹

Constable: Deu 12:1--25:19

B. An exposition of selected covenant laws 12-25

Moses' homiletical exposition of the law of Israel that follows explains reasons for the covenant laws that arose from the Ten Commandments. This address concludes with directions for celebrating and confirming the covenant (26:1-15). The section contains a mixture of laws previously revealed to the Israelites and other laws not previously revealed in the code given at Sinai (Exod. 20:1-23:19). This is instruction preached rather than codified as comprehensive legislation.

"The specific laws in this section were given to help the people subordinate every area of their lives to the LORD, and to help them eradicate whatever might threaten that pure devotion."¹⁴³

"Placement of the instruction about worship at the sanctuary in first position indicates clearly its priority for Deuteronomy, which assumes that the starting point for the proper, full, and exclusive love of the Lord (the primary demand of the first and second commandments and the Shema) is found in the way Israel carries out the activities of worship."¹⁴⁴

There is an obvious general movement from laws dealing with Israel's religious life (12:1-16:17) to those affecting her civil life (16:18-22:8) and finally to those touching personal life (22:9-26:15).

Two writers suggested the following outlines for these chapters.¹⁴⁵

Commandment	Merrill	Kaufman	Description
1	12:1-31	ch. 12	Fidelity
2	12:32-13:18	ch. 12	Worship
3	14:1-21	13:1-14:27	Name of God
4	14:22-16:17	14:28-16:17	Sabbath
5	16:18-18:22	16:18-18:22	Authority
6	19:1-22:8	19:1-22:8	Murder
7	22:9-23:18	22:9-23:19	Adultery
8	23:19-24:7	23:20-24:7	Theft
9	24:8-25:4	24:8-25:4	False witness
10	25:5-19	25:5-16	Coveting

". . . the entire second discourse of Moses (Deut. 5-26) is a single literary unit that convincingly demonstrates that the moral law informs the statutes, judgments . . . and commands of God."¹⁴⁶

In contrast with the Book of the Covenant (Exod. 20-23), the Deuteronomic Code, as some scholars prefer to call this section (chs. 12-26), is a popular exposition rather than a formal legal code. Its purpose was to explain to the generation entering the land all the laws that needed clarification, emphasis, and application, in view of Israel's imminent entrance into Canaan. These laws reflect a centralized, monarchical society.

The value of this section of Scripture to the Christian today lies primarily in its revelation of the heart, mind, and will of God. The modern student of these chapters should look for this kind of insight here.

Constable: Deu 24:8--26:1

9. Laws arising from the ninth commandment 24:8-25:19

The ninth commandment is, "You shall not bear false witness against your neighbor" (5:20). There may be a deliberate descending order of heirarchy in the list of offended parties in this section beginning with the highest to the lowest.²⁷⁴

Constable: Deu 25:1-3

Criminals 25:1-3

Beating was a form of punishment used in Israel for various offenses. However the safety and personal dignity of the person being beaten was important to God even though he or she deserved the beating. These things were also to be important to God's people.

"This was the Egyptian mode of whipping, as we may see depicted upon the monuments, when the culprits lie flat upon the ground, and being held fast by the hands and feet, receive their strokes in the presence of the judge. . . . The number forty was not to be exceeded, because a larger number of strokes with a stick would not only endanger health and life, but disgrace the man. . . . If he had deserved a severer punishment, he was to be executed. . . . The number, forty, was probably chosen with reference to its symbolical significance, which it had derived from Gen. vii. 12 onwards, as the full measure of judgment. The Rabbins fixed the number at forty save one (vid. 2 Cor. xi. 24), from a scrupulous fear of transgressing the letter of the law, in case a mistake should be made in the counting; yet they felt no conscientious scruples about using a whip of twisted thongs instead of a stick."²⁷⁶

Verse 1 points out very clearly that "justify" means to declare righteous, not to make righteous. This distinction is very important to a correct understanding of the doctrine of justification as God has revealed it in Scripture.²⁷⁷

Constable: Deu 25:4

Animals 25:4

God's care for animals as His creatures lay behind this law. The Apostle Paul expounded the significance of this command (1 Cor. 9:9; 1 Tim. 5:18).

"The purpose clearly was not only to provide for the ox itself but to make the point by a fortiori argument that if a mere animal was worthy of humane treatment, how much more so was a human being created as the image of God."²⁷⁸

Constable: Deu 25:5-19

10. Laws arising from the tenth commandment 25:5-19

The tenth commandment is, "You shall not covet . . . anything that belongs to your neighbor" (5:21). The four laws in this section all deal with desire or intention as opposed to deed.

Constable: Deu 25:5-10

Selfishness in levirite marriage 25:5-10

The purpose of the levirate marriage ordinance was to enable a man who died before fathering an heir to obtain one and so perpetuate his name and estate. "Levirate" comes from the Latin word levir meaning husband's brother.

"The practice was common in the patriarchal period [cf. Gen. 38:1-10]. . . . Presumably the prohibition of sexual union with a brother's wife in Leviticus 18:16 and 20:21 refers to such an act while the brother is still living."²⁷⁹

"The taking off of the shoe was an ancient custom in Israel, adopted, according to Ruth iv. 7, in cases of redemption and exchange, for the purpose of confirming commercial transactions. The usage arose from the fact, that when any one took possession of landed property he did so by treading upon the soil, and asserting his right of possession by standing upon it in his shoes [cf. e.g., Gen. 13:17]. In this way the taking off of the shoe and handing it to another became a symbol of the renunciation of a man's position and property. . . . But the custom was an ignominious one in such a case as this, when the shoe was publicly taken off the foot of the brother-in-law by the widow whom he refused to marry. He was thus deprived of the position which he ought to have occupied in relation to her and to his deceased brother, or to his paternal house; and the disgrace involved in this was still further heightened by the fact that his sister-in-law spat in his face."²⁸⁰

The Israelites were to practice levirate marriage only in cases where the brothers had lived together (v. 5) and the remaining brother was not already married. Living together meant sharing the same estate, not necessarily residing under the same roof. When another kinsman voluntarily assumed the responsibility of the surviving brother, that brother was apparently under no obligation to marry his sister-in-law (cf. Ruth 4).

There were several reasons for this provision. These reasons were the importance of descendants in God's purposes for Israel, the welfare of the widow, and the demonstration of love for one's brother (cf. Gen. 38).²⁸¹

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 a dispute between men, and they come to court, that the judges may judge them, and they justify the righteous and condemn the wicked, then it shall be, if the wicked man deserves to be beaten, that the judge will cause him to lie down and be beaten in his presence, according to his guilt, with a certain number of blows. Forty blows he may give him and no more, lest he should exceed this and beat him with many blows above these, and your brother be humiliated in your sight.

a. They justify the righteous and condemn the guilty: This is the simple responsibility of all government and courts. As Paul described the role of government in Romans 13:4: For he is God's minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God's minister, an avenger to execute wrath on him who practices evil.

b. If the wicked man deserves to be beaten: Apparently, God considers that some criminals are wicked and deserve to be beaten. We seem to have a justice system today that considers itself more compassionate and kind than God Himself, yet we can't say that we live in a more just or safe society.

i. "Among the Mohammedans there are very few law-suits, and the reason is given . . . because they that sue others without just cause are to be whipped publicly." (Trapp)

c. Forty blows may he give him and no more: Though sometimes a beating was the appropriate punishment, God also agrees with the idea that there is a such thing as excessive punishment, and this was intended to prevent excessive punishment. Additionally, the beating was to be administered in the presence of the judge (and be beaten in his presence), so he could make sure the punishment was not excessive.

i. In 2 Corinthians 11:24, Paul listed this among his "apostolic credentials": From the Jews five times I received forty stripes minus one. The forty stripes minus one means Paul was beaten by the Jewish authorities with thirty-nine blows on five different occasions. Paul did not receive 40 blows, as according to Deuteronomy 25:3 because as a common practice, the Jews only allowed 39 blows to be administered. This was to both show mercy and to scrupulously keep the law - one blow was left off to protect against a miscount.

2. (4) The command to not muzzle the ox.

You shall not muzzle an ox while it treads out the grain.

a. You shall not muzzle an ox: This law simply commanded the humane treatment of a working animal. In those days, grain would be broken away from his husk by having an ox walk on it repeatedly (usually around a circle). It would be cruel for force the ox to walk on all the grain, yet to muzzle him so he couldn't eat of it.

b. You shall not muzzle an ox: In 1 Corinthians 9:9 and 1 Timothy 5:18 Paul applied this principle to the minister's right to be supported by the people the ministers to. In fact, 1 Corinthians 9:9-10 leads us to believe that this is the real point God is making in this verse, because in that passage Paul asked, Is it oxen God is concerned about? Or does He say it altogether for our sakes?

B. Two laws dealing with family matters.

1. (5-10) The marriage obligation of surviving brothers.

If brothers dwell together, and one of them dies and has no son, the widow of the dead man shall not be married to a stranger outside the family; her husband's brother shall go in to her, take her as his wife, and perform the duty of a husband's brother to her. And it shall be that the firstborn son which she bears will succeed to the name of his dead brother, that his name may not be blotted out of Israel. But if the man does not want to take his brother's wife, then let his brother's wife go up to the gate to the elders, and say, "My husband's brother refuses to raise up a name to his brother in Israel; he will not perform the duty of my husband's brother." Then the elders of his city shall call him and speak to him. But if he stands firm and says, "I do not want to take her," then his brother's wife shall come to him in the presence of the elders, remove his sandal from his foot, spit in his face, and answer and say, "So shall it be done to the man who will not build up his brother's house." And his name shall be called in Israel, "The house of him who had his sandal removed."

a. One of them dies and has no son: In ancient Israel it was seen as a great tragedy for a man to die without leaving descendants to carry on his name, and to give his family inheritance to. Therefore, if a man dies and has no son, it was the responsibility of one of his brothers to take the deceased brother's widow as a wife, and perform the duty of a husband's brother to her.

i. "The practice of levirate marriage . . . was not peculiar to Israel, for it was practiced among the Hittites and Assyrians as well as in countries such as India, Africa and South America." (Thompson)

b. The firstborn son which she bears will succeed to the name of his dead brother, that his name may not be blotted out of Israel: When a son was born to this union, it would not be counted as the son of the surviving brother, but as son to the deceased brother.

i. Son here may simply mean child. "In the history of the interpretation of this Deuteronomic law, difference of opinion existed among Jewish expositors whether ben in v.5 meant 'son' or 'child.' The LXX and Josephus render it 'child.' Moses had already established that when no male heir existed, daughters would be heirs or their father's property (Num 27:1-8)." (Kalland)

c. He will not perform the duty of my husband's brother: If the brothers of the deceased man refused to take this responsibility, they were to be called to open shame by the widow. The shame was compounded as they would remove his sandal and the widow would spit in his face.

2. (11-12) Wives forbidden to interfere in their husband's fights.

If two men fight together, and the wife of one draws near to rescue her husband from the hand of the one attacking him, and puts out her hand and seizes him by the genitals, then you shall cut off her hand; your eye shall not pity her.

a. Then you shall cut off her hand: In this difficult passage, various suggestions have been made as to why such a severe punishment was commanded. "Possibly it was representative of similar offences and provided a standard for judgment in all such cases. Perhaps also, the law arose from the desire to protect the reproductive organs and thus obviate anything that might prevent a man leaving descendants." (Thompson)

b. Your eye shall not pity her: "Partly because of the great mischief she did to him, both to his person and posterity, and partly to deter all women from immodest and impudent carriages, and to secure that modesty which is indeed the guardian of all the virtues, as immodesty is an inlet to all vices, as the sad experience of this degenerate age shows; and therefore it is not strange that it is so severely restrained and punished." (Matthew Poole, 1683)

C. Two laws commanding justice.

1. (13-16) God commands weights and measures be just.

You shall not have in your bag differing weights, a heavy and a light. You shall not have in your house differing measures, a large and a small. You shall have a perfect and just weight, a perfect and just measure, that your days may be lengthened in the land which the LORD your God is giving you. For all who do such things, all who behave unrighteously, are an abomination to the LORD your God.

2. (17-19) God commands Israel to justly destroy Amalek.

Remember what Amalek did to you on the way as you were coming out of Egypt, how he met you on the way and attacked your rear ranks, all the stragglers at your rear, when you were tired and weary; and he did not fear God. Therefore it shall be, when the LORD your God has given you rest from your enemies all around, in the land which the LORD your God is giving you to possess as an inheritance, that you will blot out the remembrance of Amalek from under heaven. You shall not forget.

a. Remember what Amalek did: The Amalekite attack on the Israelites is recorded in Exodus 17. In response, Joshua led the armies of Israel in victory over the Amalekites as Moses prayed for them, assisted by Aaron and Hur.

b. Blot out the remembrance of Amalek under heaven: Because of God's strong command to battle against Amalek until they were completely conquered, many see the Amalekites as a picture of our flesh - which constantly battles against the spirit and must be struggled against until completely conquered (Galatians 5:17).

c. When the LORD your God has given you rest: Israel was to make this war against the Amalekites later, when they were at rest in the land. Some 400 years later, God directed Saul to make war against the Amalekites, and his failure to completely destroy them was the primary act of disobedience which cost Saul the throne (1 Samuel 15:2-9; 28:18).

© 2006 David Guzik - No distribution beyond personal use without permission

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 form of public addresses to the people; and as Moses spoke in the prospect of his speedy removal, he enforced obedience to it by many forcible appeals to the Israelites, concerning their long and varied experience both of the mercies and the judgments of God. The minute notices of the heathen people with whom they had come in contact, but who afterward disappeared from the pages of history, as well as the accounts of the fertility and products of Canaan, and the counsels respecting the conquest of that country, fix the date of this book and the time of its composition by the hand of Moses. The close, however, must have been added by another; and, indeed, it is supposed by some to have formed the original preface to the Book of Joshua.

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 EXHORTATION TO OBEDIENCE. (Deu 4:1-13)
• A PARTICULAR DISSUASIVE AGAINST IDOLATRY. (Deu. 4:14-40)
• A COMMEMORATION OF THE COVENANT IN HOREB. (Deu. 5:1-29)
• MOSES EXHORTS ISRAEL TO HEAR GOD AND TO KEEP HIS COMMANDMENTS. (Deu. 6:1-25)
• ALL COMMUNION WITH THE NATIONS FORBIDDEN. (Deu. 7:1-26)
• AN EXHORTATION TO OBEDIENCE. (Deu. 8:1-20)
• MOSES DISSUADES THEM FROM THE OPINION OF THEIR OWN RIGHTEOUSNESS. (Deu. 9:1-25)
• GOD'S MERCY IN RESTORING THE TWO TABLES. (Deu. 10:1-22)
• AN EXHORTATION TO OBEDIENCE. (Deu. 11:1-32)
• MONUMENTS OF IDOLATRY TO BE DESTROYED. (Deu 12:1-15)
• BLOOD PROHIBITED. (Deu 12:16-25)
• HOLY THINGS TO BE EATEN IN THE HOLY PLACE. (Deu 12:26-32)
• ENTICERS TO IDOLATRY TO BE PUT TO DEATH. (Deu 13:1-5)
• WITHOUT REGARD TO NEARNESS OF RELATION. (Deu 13:6-18)
• GOD'S PEOPLE MUST NOT DISFIGURE THEMSELVES IN MOURNING. (Deu 14:1-2)
• WHAT MAY BE EATEN, AND WHAT NOT. (Deu. 14:3-21)
• OF BEASTS. (Deu 14:4-8)
• THE SEVENTH YEAR, A YEAR OF RELEASE FOR THE POOR. (Deu 15:1-11)
• HEBREW SERVANTS' FREEDOM. (Deu 15:12-19)
• THE FEAST OF THE PASSOVER. (Deu. 16:1-22)
• THINGS SACRIFICED MUST BE SOUND. (Deu 17:1)
• IDOLATERS MUST BE SLAIN. (Deu 17:2-7)
• THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13)
• THE ELECTION AND DUTY OF A KING. (Deu 17:14-20)
• THE LORD IS THE PRIESTS' AND THE LEVITES' INHERITANCE. (Deu 18:1-8)
• THE ABOMINATIONS OF THE NATIONS ARE TO BE AVOIDED. (Deu 18:9-14)
• CHRIST THE PROPHET IS TO BE HEARD. (Deu 18:15-19)
• OF THE CITIES OF REFUGE. (Deu 19:1-13)
• THE LANDMARK IS NOT TO BE REMOVED. (Deu 19:14)
• TWO WITNESSES REQUIRED. (Deu 19:15)
• PUNISHMENT OF A FALSE WITNESS. (Deu 19:16-21) But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Exo 21:23; see also Lev 24:20).
• THE PRIESTS' EXHORTATION TO ENCOURAGE THE PEOPLE TO BATTLE. (Deu. 20:1-20)
• EXPIATION OF UNCERTAIN MURDER. (Deu 21:1-9)
• THE TREATMENT OF A CAPTIVE TAKEN TO WIFE. (Deu 21:10-23)
• OF HUMANITY TOWARD BRETHREN. (Deu 22:1-4)
• THE SEX TO BE DISTINGUISHED BY APPAREL. (Deu 22:5-12)
• WHO MAY AND WHO MAY NOT ENTER INTO THE CONGREGATION. (Deu. 23:1-25)
• OF DIVORCES. (Deu. 24:1-22)
• STRIPES MUST NOT EXCEED FORTY. (Deu. 25:1-19)
• THE CONFESSION OF HIM THAT OFFERS THE BASKET OF FIRST FRUITS. (Deu 26:1-15)
• THE PEOPLE ARE TO WRITE THE LAW UPON STONES. (Deu 27:1-10)
• THE TRIBES DIVIDED ON GERIZIM AND EBAL. (Deu 27:11-13)
• THE BLESSINGS FOR OBEDIENCE. (Deu. 28:1-68)
• AN EXHORTATION TO OBEDIENCE. (Deu. 29:1-29)
• THE COMMANDMENT IS MANIFEST. (Deu 30:11-14)
• DEATH AND LIFE ARE SET BEFORE THE ISRAELITES. (Deu 30:15-20)
• MOSES ENCOURAGES THE PEOPLE AND JOSHUA. (Deu 31:1-8)
• HE DELIVERS THE LAW TO THE PRIESTS, TO READ IT EVERY SEVENTH YEAR TO THE PEOPLE. (Deu 31:9-13)
• MOSES' SONG, WHICH SETS FORTH THE PERFECTIONS OF GOD. (Deu. 32:1-43)
• THE MAJESTY OF GOD. (Deu. 33:1-28)
• MOSES FROM MOUNT NEBO VIEWS THE LAND. (Deu 34:1-12)

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 than the New Testament, the Law and Gospel of our Lord and Saviour Jesus Christ. Its antiquity places it at the head of all the writings in the world; and the various subjects it embraces render it of the utmost importance to every part of the civilized world. Its philosophy, history, geography, and chronology entitle it to the respect of the whole human race; while its system of theology and religion demonstrably proves it to be a revelation from God. The Law of Moses is more properly the Law of Jehovah, יהוה [Strong’s 03068] תורה [Strong’s 08451], torah yehowah , the grand title of the Pentateuch. Could we conceive Moses to have been the author of this system, we must consider him more than mortal - no wisdom of man has ever yet invented such a Code of Laws. His merit, however, has been disputed, and his laws severely criticised, by persons whose interest it was to prove religion a cheat, because they had none themselves. To some, whose mental taste and feeling are strangely perverted, everything in heathenism wears not only the most fascinating aspect, but appears to lay claim to and possess every excellence; and hence they have called up Confucius, Menu, Zoraster, and Mohammed himself, to dispute the palm with Moses! On this subject in general, it may be just necessary to add, that the utmost that can be said of all laws, merely human, is, that they restrain vices, through the terror of punishment. God’s law not only restrains vice, but it infuses virtue. It alone brings man to the footstool of his Maker; and keeps him dependent on the strong for strength, on the wise for wisdom, and on the merciful for grace. It abounds with promises of support, and salvation for the present life, which no false system dared ever to propose. every where, Moses, in the most confident manner, pledges his God for the fulfilment of all the exceeding great and precious promises, with which his laws are so plentifully interspersed; and while they were obedient they could say, " Not one word hath failed us, of all the good things which the Lord our God spake concerning us." Who that dispassionately reads the Pentateuch, that considers it in itself and in its reference to that glorious Gospel which it was intended to introduce, can for a moment deny it the palm of infinite superiority over all the systems ever framed or imagined by man? Well might the Israelitish people triumphantly exclaim, " There is none like the God of Jeshurun!" and with what striking propriety does the glorious legislator add, " Happy art thou, O Israel! who is like unto thee? O people, saved of the Lord!" Finally, the treasures of wisdom and knowledge, which are amassed in these five books, have enriched the whole civilized earth, and, indeed, greatly promoted that very civilization. They have been a kind of text-book to almost every writer on geology, geography, chronology, astronomy, natural history, ethics, jurisprudence, political economy, theology, poetry, and criticism, from the time of Moses to the present day - books to which the choicest writers and philosophers in Pagan antiquity, have been deeply indebted; and which were the text-books to all the prophets - books from which the flimsy writers against Divine Revelation have derived their natural religion, and all their moral excellence - books written in all the energy, and purity, of the incomparable language in which they are composed; and lastly, books, which for importance of matter, variety of information, dignity of sentiment, accuracy of facts, impartiality, simplicity, and sublimity of narration, tending to improve and ennoble the intellect and ameliorate the physical and moral condition of man, have never been equalled, and can only be paralleled by the Gospel of the Son of God! Fountain of endless mercy, justice, truth, and beneficence! How much are thy gifts and bounties neglected by those who do not read this law; and by those who having read it, are not morally improved by it, and made wise unto salvation!

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 the immodest woman; Deu 25:13, Of unjust weights and measures; Deu 25:17, The memory of Amalek is to be blotted out.

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 frequent murmurings, rebellions, and constant ingratitude. He begs to enter into the land, but is permitted only to see it. He forbiddeth any communion with the nations for several reasons, De 8 . He gives a short repetition of those sundry laws, moral, ceremonial, judicial, and military, which he had given them, from whence this book is called DEUTERONOMY. Then, after many exhortations, he prophesieth of Christ; afterwards he shows how matters of war are to be managed, and, giving many other particular directions with reference to duties, conditions, and persons of both sexes, he pronounceth blessings on the obedient, and curses on the disobedient: he then gives a charge for laying up and reading of the law at certain times, and every seven years to be solemnly read before all the people; he composeth a song for common use, comprising the wonderful things here mentioned: he prophesieth of Christ’ s coming, and the calling of the Gentiles, seeth the land, and dieth, leaving Joshua, after he had consecrated him, to succeed.

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 raising seed unto a brother, Deu 25:5-10 . The punishment of an immodest woman, Deu 25:11,12 . A just weight and measure, Deu 25:13-16 . The memory of Amalek is to be blotted out, Deu 25:17-19 .

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, both by word of mouth, that it might affect, and by writing, that it might abide. The men of that generation to which the law was first given were all dead, and a new generation was sprung up, to whom God would have it repeated by Moses himself, now they were going to possess the land of Canaan. The wonderful love of God to his church is set forth in this book; how he ever preserved his church for his own mercies sake, and would still have his name called upon among them. Such are the general outlines of this book, the whole of which shows Moses' love for Israel, and marks him an eminent type of the Lord Jesus Christ. Let us apply the exhortations and persuasions to our own consciences, to excite our minds to a believing, grateful obedience to the commands of God.

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 weights.

(Deu 25:17-19) War against Amalek.

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 and of the laws contained in the three foregoing books, which repetition Moses delivered to Israel (both by word of mouth, that it might affect, and by writing, that it might abide) a little before his death. There is no new history in it but that of the death of Moses in the last chapter, nor any new revelation to Moses, for aught that appears, and therefore the style here is not, as before, The Lord spoke unto Moses, saying. But the former laws are repeated and commented upon, explained and enlarged, and some particular precepts added to them, with copius reasonings for the enforcing of them: in this Moses was divinely inspired and assisted, so that this is as truly the word of the Lord by Moses as that which was spoken to him with an audible voice out of the tabernacle of the congregation , Lev 1:1. The Greek interpreters call it Deuteronomy, which signifies the second law, or a second edition of the law, not with amendments, for there needed none, but with additions, for the further direction of the people in divers cases not mentioned before. Now, I. It was much for the honour of the divine law that it should be thus repeated; how great were the things of that law which was thus inculcated, and how inexcusable would those be by whom they were counted as a strange thing! Hos 8:12. II. There might be a particular reason for the repeating of it now; the men of that generation to which the law was first given were all dead, and a new generation had sprung up, to whom God would have it repeated by Moses himself, that, if possible, it might make a lasting impression upon them. Now that they were just going to take possession of the land of Canaan, Moses must read the articles of agreement to them, that they might know upon what terms and conditions they were to hold and enjoy that land, and might understand that they were upon their good behaviour in it. III. It would be of great use to the people to have those parts of the law thus gathered up and put together which did more immediately concern them and their practice; for the laws which concerned the priests and Levites, and the execution of their offices, are not repeated: it was enough for them that they were once delivered. But, in compassion to the infirmities of the people, the laws of more common concern are delivered a second time. Precept must be upon precept, and line upon line, Isa 28:10. The great and needful truths of the gospel should be often pressed upon people by the ministers of Christ. To write the same things (says Paul, Phi 3:1) to me indeed is not grievous, but for you it is safe. What God has spoken once we have need to hear twice, to hear many times, and it is well if, after all, it be duly perceived and regarded. In three ways this book of Deuteronomy was magnified and made honourable: - 1. The king was to write a copy of it with his own hand, and to read therein all the days of his life, ch. 17, 18, 19. 2. It was to be written upon great stones plastered, at their passing over Jordan, Deu 27:2, Deu 27:3. 3. It was to be read publicly every seventh year, at the feast of tabernacles, by the priests, in the audience of all Israel, Deu 31:9, etc. The gospel is a kind of Deuteronomy, a second law, a remedial law, a spiritual law, a law of faith; by it we are under the law of Christ, and it is a law that makes the comers thereunto perfect.

This book of Deuteronomy begins with a brief rehearsal of the most remarkable events that had befallen the Israelites since they came from Mount Sinai. In the fourth chapter we have a most pathetic exhortation to obedience. In the twelfth chapter, and so on to the twenty-seventh, are repeated many particular laws, which are enforced (ch. 27 and 28) with promises and threatenings, blessings and curses, formed into a covenant, ch. 29 and 30. Care is taken to perpetuate the remembrance of these things among them (ch. 31), particularly by a song (ch. 32), and so Moses concludes with a blessing, ch. 33. All this was delivered by Moses to Israel in the last month of his life. The whole book contains the history but of two months; compare Deu 1:3 with Jos 4:19, the latter of which was the thirty days of Israel's mourning for Moses; see how busy that great and good man was to do good when he knew that his time was short, how quick his motion when he drew near his rest. Thus we have more recorded of what our blessed Saviour said and did in the last week of his life than in any other. The last words of eminent persons make or should make deep impressions. Observe, for the honour of this book, that when our Saviour would answer the devil's temptations with, It is written, he fetched all his quotations out of this book, Mat 4:4, Mat 4:7, Mat 4:10.

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. For the disgracing of him that refused to marry his brother's widow (Deu 25:5-10). IV. For the punishment of an immodest woman (Deu 25:11, Deu 25:12). V. For just weights and measures (Deu 25:13-16). VI. For the destroying of Amalek (Deu 25:17, etc.).

Constable: Deuteronomy (Book Introduction)

Introduction

Title

The title of this book in the Hebrew Bible was its first two words, elleh haddebarim, which translate into English as "these are the words" (1:1). Ancient Near Eastern suzerainty treaties began with exactly the same words.¹ So the Jewish title gives a strong clue to the literary character of Deuteronomy.

The English title comes from the Septuagint (Greek) translation. "Deuteronomy" means "second law" in Greek. We might suppose that this title arose from the idea that Deuteronomy records the law as Moses repeated it to the new generation of Israelites who were preparing to enter the land. This is not the case. It came from a mistranslation of a phrase in 17:18. There God commanded Israel's kings to prepare "a copy of this law" for themselves. The Septuagint translators mistakenly rendered this phrase "this second [repeated] law." The Vulgate (Latin) translation, influenced by the Septuagint, translated the phrase "second law" as deuteronomium from which Deuteronomy is a transliteration. Deuteronomy is to some extent, however, a repetition to the new generation of the Law God gave at Mt. Sinai. Thus God overruled the translators' error and gave us a title for the book in English that is appropriate in view of the contents of the book.

Date and Writer

Moses evidently wrote this book on the plains of Moab shortly before his death, which occurred about 1406 B.C.

The Mosaic authorship of this book is quite easy to establish. The book claims to be the words of Moses (1:5, 9; 5:1; 27:1, 8; 29:2; 31:1, 30; 33:1, 29) and his writing (31:9, 22, 24). Other Old Testament books also assert the Mosaic authorship of Deuteronomy (1 Kings 2:3; 8:53; 2 Kings 14:6; 18:6, 12). Jesus Christ believed Moses wrote Deuteronomy (Matt. 19:7-8; Mark 10:3-5; 12:19; John 5:46-47) as did the Apostle Peter (Acts 3:22), Stephen (Acts 7:37-38), Paul (Rom. 10:19; 1 Cor. 9:9), and the author of the Epistle to the Hebrews (Heb. 10:28).

"The authorship of no other book in the Old Testament is so explicitly emphasized."²

The form in which Moses wrote Deuteronomy is very similar to that of ancient Near Eastern suzerainty-vassal treaties dating before and during the Mosaic era. This structural evidence confirms an early date of composition.³

Most conservative commentators prefer to regard the record of Moses' death and a few editorial comments as the work of a later writer or writers. Of course, Moses could have written these verses too.

In spite of such conclusive evidence some scholars prefer a later date for Deuteronomy. The critics favor a post-Mosaic but pre-seventh century date, a seventh century date in King Josiah's era, or a postexilic date.⁴

Scope

Deuteronomy is similar to Leviticus in that both books contain a record of instructions and speeches almost exclusively. Deuteronomy is not so much a book of history, as Genesis, Exodus, and Numbers are, as it is a book of law. In contrast to Leviticus, however, Moses addressed Deuteronomy to all the Israelites more than to the priests and Levites.

The scope of history covered in Deuteronomy is very brief. All the events recorded took place on the plains of Moab probably within a few weeks just before Israel's entrance into Canaan.

"According to the Index locorum of Nestle's Novum Testamentum Graece Deuteronomy is quoted or otherwise cited at least 95 times in the New Testament (compared to 103 for Genesis, 113 for Exodus, 35 for Leviticus, and 20 for Numbers), making it one of the favorite Old Testament books of Jesus and the apostles."⁵

Character

"The book of Deuteronomy is the document prepared by Moses as a witness to the dynastic covenant which the Lord gave to Israel in the plains of Moab (cf. 31:26)."⁶

Theology

"In line with the general correspondence of the form of a thing to its function, it is safe to say that one cannot understand the theology of Deuteronomy without reference to its covenant form and structure . . . It is no exaggeration to maintain that the concept of covenant lies at the very heart of the book and may be said to be the center of its theology.

"Covenant by its very definition demands at least three elements--the two contracting parties and the document that describes and outlines the purpose, nature, and requirements of the relationship. Thus the three major rubrics of the theology of Deuteronomy are (1) Yahweh, the Great King and covenant initiator; (2) Israel, the vassal and covenant recipient; and (3) the book itself, the covenant organ, complete with the essentials of standard treaty documents. This means, moreover, that all the revelation of the book must be seen through the prism of covenant and not abstractly removed from the peculiar historical and ideological context in which it originated."⁷

"The theological values of Deuteronomy can hardly be exaggerated. It stands as the wellspring of biblical historical revelation. It is a prime source for both OT and NT theology. Whether the covenant, the holiness of God, or the concept of the people of God is the unifying factor of OT theology, each finds emphasis and remarkable definition in Deuteronomy."⁸

Message⁹

Let me share with you a couple of quotations that point out the importance of this book.

"Deuteronomy is one of the greatest books of the Old Testament. Its significance on the domestic and personal religion of all ages has not been surpassed by any other book in the Bible. It is quoted over eighty times in the New Testament . . . in all but six books . . . and thus it belongs to a small group of four Old Testaments books (Genesis, Deuteronomy, Psalms, and Isaiah) to which the early Christians made frequent reference."¹⁰

"The book of Deuteronomy is the most important book in the Old Testament from the standpoint of God's revelation to man."¹¹

Deuteronomy is not just a recapitulation of things previously revealed in Exodus, Leviticus, and Numbers. It is a selective digest of matters most important to the average Israelite in his or her relationship with God. Moses spoke as an aged father to his children. These are the parting words of the man who communed with God face to face. His words in Deuteronomy spring from a personal and intimate knowledge of God that had matured over 120 years.

One of the striking features of this book is the frequent references to love that recur throughout it. God's love for the patriarchs and later the whole nation of Israel is obvious in the previous four books of the Pentateuch, but Moses never articulated it directly. In Deuteronomy for the first time Moses revealed that it was God's love for Israel that motivated Him to deal with the Israelites as He had.

One of the great revelations of this book is the motivation of God. God's love for people moved Him to bless. Moses referred to God's love for people as the motivation of His government in three of the book's major sections.

It constitutes the climax of Moses' first address to the people (1:6-4:40) in which he reviewed God's faithfulness to the Israelites. It was because God loved them that He had treated them as He had (4:32-40, esp. v. 37).

In the second address, which is an exposition of the Mosaic Law (chs. 5-26), Moses explained that God's love motivated His laws (7:7-11; 10:12-22, esp. v. 15; 15:16; 23:5; et al.).

In the conclusion of the book, which records Moses' blessing of the nation (ch. 33), he again reminded the people of God's love for them (33:2-5, esp. v. 3a).

Not only does Deuteronomy reveal that God's love is what motivates Him to govern His people as He does. It also emphasizes that man's love for God should be what motivates us to obey God (cf. 1 John 4:19). This theme too recurs throughout the book.

In Moses' review of the law (chs. 5-26) he called on the Israelites to love God (5:9-10; 6:4-5; 7:9; 10:12-13; 11:1, 13-14, 22-23; 13:1-13, esp. vv. 1-3; 19:8-9). The Israelites' obedience to God's laws expressed their love for God. Love is the most proper and adequate motivation for obedience and service.

We hear this theme again in Moses' third address (chs. 29-30) in which Moses exhorted the new generation of Israelites to obey their covenant, the Mosaic Covenant (30:6, 15-20).

The message of the book then is that God's love for man is the motivation of His government, and man's love for God should be the motivation of his obedience.

This emphasis on love appears even more striking in comparison with other ancient Near Eastern suzerain-vassal treaties. The ancient Near Eastern kings delineated clearly the rights of the ruler and the responsibilities of the subjects in these documents. However the motivation was self-interest, the opposite of love. Concern for others was present, but self-interest predominated.

Since Moses set Deuteronomy in the form of a suzerain-vassal treaty we can learn much about how he viewed Israel's relationship to God.

To quote Thompson again, "Both the literary shape of Deuteronomy and its underlying central concept provide an important clue to the basic theology of the book. Yahweh, the God of Israel, appears in a strong covenantal setting. He is the great King, the Lord of the covenant. From this central concept Israel's finest theological ideas derived."¹²

These "ideas" include the fact that Yahweh is the Lord of the covenant and the God of history.

Obedience to God and His covenant brings blessing whereas disobedience incurs curses. Israel was the people of the covenant.

The people were to worship their Lord by loving Him with their hearts and remembering Him and His acts with their minds.

There are perhaps four basic implications of this revelation and these correspond to four major sections of the book.

1. It is important to remember God's past faithfulness to appreciate His love (1:6-4:40). God commanded the Israelites to remember. Forgetfulness was a sin that would lead them to ingratitude and ultimately to apostasy. To forget was to rebel against God. Remembering the past would remind the people of God's love and rekindle their love for Him. Love as well as trust rests on confidence. We can love God only when we have confidence in Him.

2. God's laws are an expression of His love (chs. 5-26). Because man is a sinner he needs divine laws. God's provision of these laws is an expression of His love for mankind. The specific laws in the Mosaic Code expressed God's love because God intended them to result in Israel's blessing and welfare. Often we think laws are undesirable because they curb our freedom. However, God curbs our freedom to keep us from evil, not to keep us from good.

3. Only love for God will adequately motivate a person to be obedient to God's laws (chs. 27-28). These laws in Israel were so severe that the only motive strong enough to produce consistent obedience was love. Moses urged the Israelites to cultivate their love for God as they prepared to renew the covenant. Self-confidence had failed their fathers, and it would fail them too. Obedience to God can be a joyful or a bitter experience depending on one's motivation.

When we know God we love Him, and when we love God we will want to obey Him.

4. Obedience to God demonstrates love for Him (chs. 29-30). While it is possible to obey God with lesser motives, it is impossible to be consistently obedient without love for God. Consistent obedience is not the same as sinless perfection. The measure of one's love for God is the measure of his or her obedience to the revealed will of God (1 John 5:3). The degree of our commitment to do the will of God is the true measure of our love for God. The real test of our love for God is what we do more than how we feel.

Constable: Deuteronomy (Outline)

Outline

I. Introduction: the covenant setting 1:1-5

II. Moses' first major address: a review of God's faithfulness 1:6-4:40

A. God's past dealings with Israel 1:6-3:29

1. God's guidance from Sinai to Kadesh 1:6-46

2. The march from Kadesh to the Amorite frontier 2:1-23

3. The conquest of the kingdom of Sihon 2:24-37

4. The conquest of the kingdom of Og 3:1-11

5. A review of the distribution of the conquered land 3:12-20

6. Moses' anticipation of future blessing 3:21-29

B. An exhortation to observe the law faithfully 4:1-40

1. The appeal to hearken and obey 4:1-8

2. God's appearance at Mt. Horeb 4:9-14

3. The prohibition of idolatry 4:15-24

4. The consequences of idolatry 4:25-31

5. The uniqueness of Yahweh and Israel 4:32-40

III. Historical interlude: preparation for the covenant text 4:41-49

A. The appointment of cities of refuge in Transjordan 4:41-43

B. Introduction to the second address 4:44-49

IV. Moses' second major address: an exposition of the law chs. 5-26

A. The essence of the law and its fulfillment ch. 5-11

1. Exposition of the Decalogue and its promulgation ch. 5

2. Exhortation to love Yahweh ch. 6

3. Examples of the application of the principles chs. 7-11

B. An exposition of selected covenant laws 12-25

1. Laws arising from the first commandment 12:1-31

2. Laws arising from the second commandment 12:32-13:18

3. Laws arising from the third commandment 14:1-21

4. Laws arising from the fourth commandment 14:22-16:17

5. Laws arising from the fifth commandment 16:18-18:22

6. Laws arising from the sixth commandment 19:1-22:8

7. Laws arising from the seventh commandment 22:9-23:18

8. Laws arising from the eighth commandment 23:19-24:7

9. Laws arising from the ninth commandment 24:8-25:4

10. Laws arising from the tenth commandment 25:5-19

C. Covenant celebration, confirmation, and conclusion ch. 26

1. Laws of covenant celebration and confirmation 26:1-15

2. Summary exhortation 26:16-19

V. Preparations for renewing the covenant chs. 27:1-29:1

A. The ceremony at Shechem 27:1-13

B. The curses that follow disobedience to specific stipulations 27:14-26

C. The blessings that follow obedience 28:1-14

D. The curses that follow disobedience to general stipulations 28:15-68

E. Narrative interlude 29:1

VI. Moses' third major address: an exhortation to obedience chs. 29:2-30:20

A. An appeal for faithfulness 29:2-29

1. Historical review 29:2-8

2. The purpose of the assembly 29:9-15

3. The consequences of disobedience 29:16-29

B. A call to decision ch. 30

1. The possibility of restoration 30:1-10

2. The importance of obedience 30:11-20

VII. Moses' last acts chs. 31-34

A. The duties of Israel's future leaders 31:1-29

1. The presentation of Joshua 31:1-8

2. The seventh year covenant renewal ceremony 31:9-13

3. The commissioning of Joshua 31:14-23

4. The preservation of God's words 31:24-29

B. The Song of Moses 31:30-32:44

1. The introduction to the song 31:30

2. The song itself 32:1-43

3. The conclusion to the song 32:44

C. Narrative interlude 32:45-52

1. Moses' exhortation to obedience 32:45-47

2. The announcement of Moses' death 32:48-52

D. Moses' blessing of the tribes ch. 33

E. Moses' death and burial: narrative epilogue ch. 34

You will notice that there is a general alternation between narrative (sections I, III, V, and VII) and didactic (sections II, IV, and VI) material. However there is some mixture of narrative and didactic material in sections V and VII.

We can also divide the revelation in this book according to the general arrangement of the typical form of a suzerain-vassal treaty that was common in the ancient Near East.¹³

I. Preamble: Covenant mediator 1:1-5

II. Historical prologue: Covenant history 1:6-4:49

III. Stipulations: Covenant life chs. 5-26

A. The Great Commandment chs. 5-11

B. Ancillary commandments chs. 12-26

IV. Sanctions: Covenant ratification chs. 27-30

V. Dynastic disposition: Covenant continuity chs. 31-34

Constable: Deuteronomy

Deuteronomy

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Copyright 2003 by Thomas L. Constable

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 ordinances formerly given on Mount Sinai, with other precepts not expressed before. The Hebrews, from the first words in the Book, call it Elle Haddebarim . (Challoner) --- It may be divided into many discourses, which Moses made to the people during the last two months of his life. (Haydock) --- The first was delivered by him on the first day of the eleventh month of the fortieth year, since the deliverance of the Hebrews out of Egypt, and relates various particulars which had occurred to them. In chap. iv. 41, and following, and a supplement from the Book of Numbers is given to this discourse. Chap. v., a fresh exhortation to the people commences, which continues until chap. xxii., where the famous blessings and maledictions, from the mountains of Garizim and Hebal, are related. In the following chapters, Moses exhorts the people, in the most pathetic manner, to be faithful to the Lord, adding the strongest threats and promises to enforce their compliance; and having appointed Josue to succeed him, and repeated that beautiful canticle which God ordered them to write, (chap. xxxi. 19,) he gives the Book of Deuteronomy, to be kept with care, (ver. 9,) blesses the tribes like a good and tender father, and gives up his soul to God on Mount Nebo in the 120th year of his age. (Calmet) --- There can be no doubt but that Moses was the author of this book, as well as of the four preceding ones; though the last chapter may, perhaps, form a part of the Book of Josue, which formerly was written immediately after the works of Moses, without any such marks of distinction as we find at present. The whole Bible seemed to make but one verse. How easily, therefore, might the account of the death of Moses be taken in, as forming a part of the Pentateuch, when the different books came to be distinguished by separate titles! Such an insertion cannot hurt the general claim of Moses to be the author of the Pentateuch; or, if it should be thought to do so, no absolute proof can be brought to shew that he did not write this chapter also, by the spirit of prophecy. All the people spoke to Esdras, the scribe, to bring the book of the law of Moses, which the Lord had commanded, to Israel. The whole nation of the Jews has all along maintained, that Moses wrote these books: and he himself repeatedly asserts that he was ordered to leave on record many things of importance. Hence both internal and external evidence concur to establish his title to them; and if we be not disposed to cavil with all other authors, and to deny that Demosthenes, for example, Cæsar, and others, have written the works which bear their names, we must confess that the Pentateuch is to be attributed to the Jewish legislator. Yet if this were a matter of doubt, the things contained in these books could not, on that account, be controverted. How many anonymous works have been published which are of unquestionable authority! Many of the books of Scripture are of this nature. But as we have every reason to believe, that they have come down to us without any material corruption, and were written by people of veracity, by divine inspiration, they deserve to be regarded as authentic records. This is true, whether we speak of the originals or of the versions authorized by the Church; though it should suffice to stop the mouths of infidels, if we can procure an authentic history of the Bible by the collation of the different copies which are extant. Thus, where the Hebrew editions appear to be incorrect, they may receive great light from the Samaritan copy of the Pentateuch, and from the versions of the Septuagint, and of other respectable authors on the whole Bible. The variations, which we may discover, are not of such moment, but that, if the very worst copy were selected, we should find the same great outlines of Scripture history, the same precepts of faith and morality. The laws of Moses, which are scattered through his five books, may be seen all together in their natural order, collected by Cornelius a Lapide and Calmet. But the spirit of God was pleased to intersperse historical facts among them, which both shew the occasion on which they were given, and enable us to read them with greater pleasure and satisfaction. The four preceding books might be compared to the four Gospels; Deuteronomy represents the whole, (Ven. Bede) and may be styled a Diatessaron, as it recalls to our mind the great Creator of all things, who was about to fulfil the promises which he had made to the Patriarchs. Almost all those to whom Moses addresses himself, had been unborn or very young, when their parents received God's commands at Sinai, and wandered in the desert. He therefore gives them an account of what had happened during the last eventful period of forty years. He shews what had brought on so many disasters, and cautions his hearers, that if they imitate the perfidy of their fathers, as he foresees, with sorrow, that they will, (chap. xxxi.) they must expect to be treated with no less severity. This prediction we behold verified, at the present day, in the persons of the scattered remnants of Israel. How sublime! how terrifying are the truths which Moses enforces with so much earnestness! The same threats which he denounces against the perfidious Jews, regard us in some measure. If we feel not their effects at present, in being driven out from our country, we have more reason to fear lest we should be excluded from our heavenly inheritance, if we do not repent. (Haydock)

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 "Mishneh Torah", the repetition of the law; and so in the Syriac version, with which agrees the Arabic title of it; and when the Greeks, and we after them, call it "Deuteronomy", it is not to be understood of a second, a new, or another law, but of the law formerly delivered, but now repeated, and also more largely explained; to which are likewise added several particular laws, instructions, and directions; all which were necessary, on account of the people of Israel, who were now a new generation, that either were not born, or not at an age to hear and understand the law when given on Mount Sinai; the men that heard it there being all dead, excepting a very few; and these people were also now about to enter into the land of Canaan, which they were to enjoy as long as they kept the law of God, and no longer, and therefore it was proper they should be reminded of it; and besides, Moses was now about to leave them, and having an hearty desire after their welfare, spends the little time he had to be with them, by inculcating into them and impressing on them the laws of God, and in opening and explaining them to them, and enforcing them on them, which were to be the rule of their obedience, and on which their civil happiness depended. And sometimes the Jews call this book "the book of reproofs", because there are in it several sharp reproofs of the people of Israel for their rebellion and disobedience; and so the Targums of Jonathan and Jerusalem begin it by calling it the words of reproof which Moses spake, &c. That this book was written by Moses there can be no doubt, from Deu 1:1, only the eight last verses, which give an account of his death, and of his character, were wrote by another hand, equally inspired by God, as either Eleazar the priest, as some, or Samuel the prophet, as others; or, as it is the more commonly received opinion of the Jews, Ezra; though it is highly probable they were wrote by Joshua his successor. This book was written and delivered by Moses, at certain times in the last month of his life, and towards the close of the fortieth year of the children of Israel's coming out of Egypt. And that it is of divine authority need not be questioned, when the several quotations out of it are observed, as made by the apostles of Christ, in Act 3:22, Heb 10:30 out of Deu 18:15 and by our Lord himself, Mat 18:16 from Deu 19:15. Yea, it is remarkable, that all the passages of Scripture produced by Christ, to repel the temptations of Satan, are all taken out of this book, Mat 4:7 compared with Deu 8:3, and the voice from heaven, directing the apostles to hearken to him, refers to a prophecy of him in Deu 18:15.

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 muzzling the ox in treading out the corn, Deu 25:4; of marrying a deceased brother's wife, when there was no issue, and of the disgrace of such that refused it, Deu 25:5; of the punishment of an immodest woman, Deu 25:11; and against bad weights and measures, Deu 25:13; and for the utter destruction of Amalek, Deu 25:17.