Text -- Deuteronomy 22:28 (NET)

22:28 Suppose a man comes across a virgin who is not engaged and overpowers and rapes her and they are discovered.

Commentary -- Word/Phrase Notes (per phrase)

TSK: Deu 22:28

Exo 22:16, Exo 22:17

Commentary -- Word/Phrase Notes (per Verse)

Poole: Deu 22:28

i.e. An unmarried man, as appears,

1. From his obligation to marry the person he abused, which it is not probable would have been imposed upon him, had he been married.

2. Because if the man had been married, this had been adultery, and so had been punished with death. Lay hold on her which notes some kind of force or artifice, whereby she was overpowered; whereas Exo 22:16 , she was enticed, which implies consent, and therefore the man doth here receive a greater punishment, because he used hostile violence towards her, which was the greater sin.

Gill: Deu 22:28

If a man find a damsel that is a virgin, which is not betrothed,.... That is, meets with one in a field, which is not espoused to a man; and the man is supposed to be an unmarried man, as appears by what follows:

and lay hold on her, and lie with her, she yielding to it, and so is not expressive of a rape, as Deu 22:25 where a different word from this is there used; which signifies taking strong hold of her, and ravishing her by force; yet this, though owing to his first violent seizure of her, and so different from what was obtained by enticing words, professions of love, and promises of marriage, and the like, as in Exo 22:16 but not without her consent:

and they be found; in the field together, and in the fact; or however there are witnesses of it, or they themselves have confessed, it, and perhaps betrayed by her pregnancy.

Commentary -- Verse Notes / Footnotes

NET Notes: Deu 22:28

¹ tn Heb “lies with.”

Commentary -- Verse Range Notes

TSK Synopsis: Deu 22:1-30

1 Of humanity towards brethren.

5 The sex is to be distinguished by apparel.

6 The dam is not to be taken with her young ones.

8 The house must have battlements.

9 Confusion is to be avoided.

12 Fringes upon the vesture.

13 The punishment of him that slanders his wife.

22 Of adultery;

23 of rape;

28 of fornication;

30 of incest.

MHCC: Deu 22:13-30

These and the like regulations might be needful then, and yet it is not necessary that we should curiously examine respecting them. The laws relate to the seventh commandment, laying a restraint upon fleshly lusts which war against the soul.

Matthew Henry: Deu 22:13-30

These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul.

I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, Deu 22:13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire - those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, Deu 22:18, Deu 22:19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (Deu 24:1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Psa 50:20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own.

II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, Deu 22:20, Deu 22:21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen 34:7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people.

III. If any man, single or married, lay with a married woman, they were both to be put to death, Deu 22:22. This law we had before, Lev 20:10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children.

IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, Deu 22:23, Deu 22:24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur - Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, Deu 22:24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help ( Succurre, Domine, vim patior - Help me, O Lord, for I suffer violence ), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee.

V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, Deu 22:28, Deu 22:29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of.

VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (Deu 22:30) from Lev 18:8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, 1Co 5:1.

Keil-Delitzsch: Deu 22:23-29

In connection with the seduction of a virgin ( נער , puella , a marriageable girl; בּתוּלה , virgo immaculata , a virgin), two, or really three, cases are distinguished; viz., (1) whether she was betrothed (Deu 22:23-27), or not betrothed (Deu 22:28, Deu 22:29); (2) if she were betrothed, whether it was ( a ) in the town (Deu 22:23, Deu 22:24) or ( b ) in the open field (Deu 22:25-27) that she had been violated by a man.

Deu 22:23-24

If a betrothed virgin had allowed a man to have intercourse with her (i.e., one who was not her bridegroom), they were both of them, the man and the girl, to be led out to the gate of the town, and stoned that they might die: the girl, because she had not cried in the city, i.e., had not called for help, and consequently was to be regarded as consenting to the deed; the man, because he had humbled his neighbour's wife. The betrothed woman was placed in this respect upon a par with a married woman, and in fact is expressly called a wife in Deu 22:24. Betrothal was the first step towards marriage, even if it was not a solemn act attested by witnesses. Written agreements of marriage were not introduced till a later period (Tobit 7:14; Tr. Ketuboth i. 2).

Deu 22:25-27

If, on the other hand, a man met a betrothed girl in the field, and laid hold of her and lay with her, the man alone was to die, and nothing was to be done to the girl. " There is in the damsel no death-sin (i.e., no sin to be punished with death); but as when a man riseth against his neighbour and slayeth him, even so is this matter ."In the open field the girl had called for help, but no one had helped her. It was therefore a forcible rape.

Deu 22:28-29

The last case: if a virgin was not betrothed, and a man seized her and lay with her, and they were found, i.e., discovered or convicted of their deed, the man was to pay the father of the girl fifty shekels of silver, for the reproach brought upon him and his house, and to marry the girl whom he had humbled, without ever being able to divorce her. This case is similar to the one mentioned in Exo 22:15-16. The omission to mention the possibility of the father refusing to give him his daughter for a wife, makes no essential difference. It is assumed as self-evident here, that such a right was possessed by the father.

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 22:9--23:19

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

The seventh commandment is, "You shall not commit adultery" (5:18).

"Known elsewhere in the ancient Near East as the Great Sin,' adultery epitomizes all that impurity means, whether in family, social, political, or religious life."²⁴⁶

Constable: Deu 22:13-30

The marriage relationship 22:13-30

Moses considered seven types of cases in these verses.

The first case (vv. 13-19) is of a man who marries a woman and then falsely charges her with being a harlot (not being a virgin when he married her). If the girl could prove her virginity, her husband would have to pay a large fine (cf. 2 Sam. 24:24) to her father and remain married to the girl.²⁵⁰ The evidence of the girl's virginity was the blood on her dress or bedclothes on the wedding night. Some Bedouin and Moslem parents still retrieve and keep these to prove virginity if necessary.²⁵¹

The second case (vv. 20-21) involved a similar case, but in this instance the girl was not a virgin. She would suffer stoning for being a harlot, a capital offense in Israel. These verses reveal that sex before marriage was sinful and serious in God's sight (cf. 1 Cor. 7:1-2). Premarital sex presumes to seize the highest privilege in marriage (i.e., intimacy through sexual union that results in the "one flesh" relationship). It does so without shouldering the responsibility, namely, permanent commitment to one another (expressed as "cleaving" in Gen. 2:24). It therefore perverts marriage, the basic institution of society. It presumes to dictate to God by altering His plan. Not everyone who has engaged in premarital sex has thought this through, but this is the basic reason premarital sex is wrong. To the engaged couple committed to one another and tempted to have sex before their marriage I would say postpone sex until the marriage has taken place. Scripture regards sex as the consummation of marriage, what takes place after the couple has completed everything else involved in the establishment of marriage (cf. Gen. 2:24).²⁵²

The third case (v. 22) decreed that a man who committed adultery with a married woman would die with the woman.

The fourth case (vv. 23-24) dealt with a man who had intercourse with an engaged girl in a city. Both individuals would die by stoning. Israelites regarded engaged girls as virtually married and even called them wives (v. 24). Thus they treated the man as having committed adultery, as in case three. The girl died because she did not cry out for help. She consented to the act. Apparently Moses was assuming that if she had cried out someone in the city would have rescued her.

The fifth case (vv. 25-27) involved a situation similar to case four, but the intercourse took place in an isolated field. In this instance only the man died assuming the girl cried for help but no one heard her. Presumably if it was clear that she did not cry out she would have died too.

The sixth case (vv. 28-29) had to do with a man and a virgin who had intercourse before they became engaged. In this case they had to marry and could not divorce. The man had to pay a penalty to his father-in-law too (cf. Exod. 22:16-17).

The seventh case (v. 30) Moses stated in terms of a general principle. God forbade incest in Israel. "Uncovering the skirt" is a euphemism for sexual intercourse. To uncover means to encroach on another person's marital rights. To cover in this sense represents committing to marry (cf. Ruth 3:9).

"One of the most important and difficult tasks in the interpretation of the Scriptures in general and of the passages that deal with women and marriage in particular, is the need to discern which elements are cultural, temporary, and variable, and which ones are transcultural, timeless, and universal."²⁵³

God designed these laws to stress the importance of monogamy in a polygamous culture.

Marital ". . . purity and fidelity are essential to the well-being of society."²⁵⁴

God's people need to keep sex in its proper place in relation to marriage (cf. Heb. 13:4). The focus of this entire chapter is how to apply love.

Guzik: Deu 22:1-30

Deuteronomy 22 - Various Laws

A. Laws to demonstrate kindness and purity.

1. (1-4) Kindness to your brother regarding his animals.

You shall not see your brother's ox or his sheep going astray, and hide yourself from them; you shall certainly bring them back to your brother. And if your brother is not near you, or if you do not know him, then you shall bring it to your own house, and it shall remain with you until your brother seeks it; then you shall restore it to him. You shall do the same with his donkey, and so shall you do with his garment; with any lost thing of your brother's, which he has lost and you have found, you shall do likewise; you must not hide yourself. You shall not see your brother's donkey or his ox fall down along the road, and hide yourself from them; you shall surely help him lift them up again.

a. You shall not see . . . and hide yourself: God here condemned the sin of doing nothing. To see your brother in need, and to do nothing, is to do evil. When one has the opportunity to good, you must not hide yourself.

b. Until your brother seeks it; then you shall restore it to him: Simply put, when something is lost, a finder cannot claim it as theirs without taking all due diligence to restore it to the owner. If the owner seeks the missing object, it must be restored to him.

i. Exodus 23:4-5 commands Israel to also help stray animals, but extends the obligation to the stray animals of an enemy, not just a brother.

c. You shall surely help him left them up again: Also, if someone's donkey falls down, and you can help them, then you must. To pass by your brother in need and to hide yourself from them is to sin against your brother and against God.

2. (5) A command to keep distinction between the sexes in clothing.

A woman shall not wear anything that pertains to a man, nor shall a man put on a woman's garment, for all who do so are an abomination to the LORD your God.

a. Anything that pertains to a man: In Old Testament times, men and women wore clothing that was superficially similar - long robes and wrapping garments were common for both sexes. Yet, the specific types of garments and the way in which they were worn made a clear distinction between the sexes, and this command instructs God's people to respect those distinctions.

i. Some have taken this command to be the "proof-text" against women wearing pants and some Christian groups command that women wear only dresses. Yet, this is not a command against women wearing a garment that in some ways might be common between men and women; it is a command against dressing in a manner which deliberately blurs the lines between the sexes.

b. Nor shall a man put on a woman's garment: This does not prohibit a man from wearing a kilt; yet it clearly prohibits a man dressing like a woman, as is all too common - and all too accepted - in our modern culture.

i. The dramatic rise in cross-dressing, transvestitism, androgynous behavior, and "gender-bender" behavior in our culture is a shocking trampling of this command, and will reap a bitter harvest in more perversion and more gender confusion in our culture.

c. All who do so are an abomination to the LORD your God: This command to observe the distinction between the sexes is so important, those who fail to observe it are called an abomination to the LORD. This was not only because cross-dressing was a feature of pagan, idolatrous worship in the ancient world, but also because of the terrible cultural price that is paid when it is pretended that there is no difference between men and women.

i. "Later writers, such as Lucian of Samosata and Eusebius, speak of the practice of masquerading in the worship of Astarte. Apparently women appeared in men's garments and men in women's garments." (Thompson)

3. (6-7) A command to show kindness to animals.

If a bird's nest happens to be before you along the way, in any tree or on the ground, with young ones or eggs, with the mother sitting on the young or on the eggs, you shall not take the mother with the young; you shall surely let the mother go, and take the young for yourself, that it may be well with you and that you may prolong your days.

a. If a bird's nest happens to be before you along the way: God simply and plainly commanded kindness to animals. Even a bird's nest was to be given special consideration and care.

i. Some Jewish commentators say that this is the smallest, or least of all the commandments; yet even it has a promise of blessing for the obedient attached to it: That it may be well with you and that you may prolong your days.

b. You shall surely let the mother go: Puritan commentator Matthew Poole wrote on this, "Partly for the bird's sake, which suffered enough by the loss of its young; for God would not have cruelty exercised towards the brute creatures; and partly for men's sake, to restrain their greediness and covetousness, that they should not monopolize all to themselves, but might leave the hopes of a future seed for others."

c. That it may be well with you and that you may prolong your days. If Israel would obey this commandment, they would find blessing and long life, both as individuals and as a nation. What possible connection can there be between showing kindness to bird's nests and eggs and little baby birds and national survival?

i. First, because obedience to the smallest of God's commands brings blessing. It puts us into a properly submissive relationship to Him, that this always brings blessing to us.

ii. Second, because kindness and gentleness in the small things often (but not always) speaks to our ability to be kind and gentle in weightier matters. If someone is cruel to animals, not only is that sin in itself, but they are also much more likely to be cruel to people. If Israel allowed such cruelty to flourish, it would harm the nation.

4. (8) Liability and building codes.

When you build a new house, then you shall make a parapet for your roof, that you may not bring guilt of bloodshed on your household if anyone falls from it.

a. You shall make a parapet for your roof: God commanded that a railing be made for the rooftop, so someone were protected against falling.

b. That you may not bring bloodguiltiness on your house: Failure to build in a safe way would bring guilt (liability) on the owner or builder of the home. They were responsible for the safety of those who would use the home.

i. In his sermon on Deuteronomy 22:8, titled "Battlements," Charles Spurgeon shows how just as there was to be a railing for the protection of people on the roofs of Israel's homes, there are also spiritual railings for our protection. Many people, in regard to sin, get too close to the edge and fall off. Then it's too late! We need to have "railings" protecting us from the edge. Such railings will not only protect us, but others also.

5. (9-12) Four laws of separation.

You shall not sow your vineyard with different kinds of seed, lest the yield of the seed which you have sown and the fruit of your vineyard be defiled. You shall not plow with an ox and a donkey together. You shall not wear a garment of different sorts, such as wool and linen mixed together. You shall make tassels on the four corners of the clothing with which you cover yourself.

a. You shall not sow your vineyard with different kinds of seed: Each of these laws was meant to separate Israel from her pagan neighbors, who would commonly combine unlike things to achieve what was thought to be a "magical" combination.

b. You shall not plow with an ox and a donkey together: So, in pagan cultures it was common to combine different kinds of seed in a vineyard; or to plow with an ox and a donkey together; or to wear a garment of wool and linen mixed together. When God commands Israel to not do these things, it isn't so much for the sake of the combinations themselves, but so Israel would not imitate the pagan, occultic customs of their neighbors.

i. There is a spiritual application of this principle; the commands forbidding unholy combinations, "though in themselves small and trivial, are given . . . to forbid all mixture of their inventions with God's institutions, in doctrine or worship." (Poole)

ii. As Paul says, Do not be unequally yoked together with unbelievers. For what fellowship has righteousness with lawlessness? And what communion has light with darkness? (2 Corinthians 6:14)

iii. One commentator believes that these laws were also given, in part, to protect other animals from the bad breath of donkeys: "Besides, the donkey, from feeding on coarse and poisonous weed, has a fetid breath, which its yoke-fellow seeks to avoid, not only as poisonous and offensive, but producing leanness, or, if long continued, death." (Jameison-Fauset-Brown, page 673)

c. You shall make tassels on the four corners of the clothing: This command was also to distinguish Israel from their pagan neighbors; in this way, an Israelite man was immediately known by the clothes he wore.

i. i. "A symbolic meaning is given to these tassels in Numbers 15:37-41, namely that they are a reminder to Israel to keep God's law." (Thompson)

ii. Like most good commands of God, men have the capability to twist and corrupt this command. In Jesus' day, He had to condemn the Pharisees in Matthew 23:5, saying they enlarge the borders of their garments. In other words, they made the tasseled portion of their garments larger and more prominent to show how spiritual they were.

B. Laws of sexual morality.

1. (13-21) Resolving an accusation of marital deception.

If any man takes a wife, and goes in to her, and detests her, and charges her with shameful conduct, and brings a bad name on her, and says, "I took this woman, and when I came to her I found she was not a virgin," then the father and mother of the young woman shall take and bring out the evidence of the young woman's virginity to the elders of the city at the gate. And the young woman's father shall say to the elders, "I gave my daughter to this man as wife, and he detests her. Now he has charged her with shameful conduct, saying, 'I found your daughter was not a virgin,' and yet these are the evidences of my daughter's virginity." And they shall spread the cloth before the elders of the city. Then the elders of that city shall take that man and punish him; and they shall fine him one hundred shekels of silver and give them to the father of the young woman, because he has brought a bad name on a virgin of Israel. And she shall be his wife; he cannot divorce her all his days. But if the thing is true, and evidences of virginity are not found for the young woman, then they shall bring out the young woman to the door of her father's house, and the men of her city shall stone her to death with stones, because she has done a disgraceful thing in Israel, to play the harlot in her father's house. So you shall put away the evil from among you.

a. Charges her with shameful conduct: The idea is that the man accused his wife of not being a virgin when they were married. Apparently, this was discovered on their wedding night, when they first had intimate relations (when I came into her I found she was not a virgin).

i. It is important to understand that in ancient Israel virginity was valued. It was seen as a great loss to give up one's virginity before marriage, and if a woman was known to have lost her virginity, it greatly reduced her chances of getting married.

ii. By the same principle, if a husband believed that his wife had lied about her virginity, he felt cheated. What follows is an attempt to resolve the issue.

b. Then the father and mother . . . bring out the evidence of the young woman's virginity . . . they shall spread the cloth before the elders of the city: according to custom, a Jewish woman would first be intimate with her husband upon a special cloth, which would collect the small drops of blood which were accepted as evidence of the young woman's virginity. This blood-stained cloth would then become the property of the married woman's parents, who kept it as the evidence of the young woman's virginity.

i. Many people argue that this custom of proving a woman's virginity is absurd, because it doesn't always work. Some have answered by saying it does "work" when ladies are given in marriage at twelve or thirteen years of age, as was the custom in Old Testament times.

ii. Nonetheless, for whatever reasons, the custom did "work" - and is still practiced in some parts of the world. "The proofs of virginity, the blood-spotted bedclothes or garments, which, though not infallible, were widely accepted in the ancient Near East as indications of prior virginity, are still accepted among some peoples today" (Kalland). Clarke also adds: "A custom similar to that above is observed among the Mohamedans to the present day."

iii. Clarke on they shall spread the cloth: "A usage of this kind argues a roughness of manners which would ill comport with the refinement of European ideas on so delicate a subject."

c. The elders of the city shall take that man and punish him: If the parents could produce the evidence, then the man was found to have made false accusation against his wife and it was commanded that with a fine to be paid to the father of his bride.

i. Additionally, the man had forfeited his future right to divorce this wife: he cannot divorce her all his days.

ii. The strong penalty against a man who made a false accusation (one hundred shekels of silver was a significant fine), and the loss of his right to divorce his wife in the future was an effective deterrent against wild, false accusations by a husband against his wife.

d. But if the thing is true, and evidences of virginity are not found for the young woman: If this were the case, the woman was to be executed by stoning. This was not only for her sexual promiscuity (to play the harlot), but for her attempt to deceive her husband.

i. This law must be seen in connection with the command in Exodus 22:16-17, which commands that a man who entices a virgin must surely pay the bride-price for her to be his wife. This law in Deuteronomy is directed against the truly wanton woman, who has given up her virginity, yet not claimed her rights under Exodus 22:16-17. She did not value her virginity at the time she gave it up, yet she wanted to claim the benefits of it by deceiving her husband.

ii. All this simply reinforces the principle that virginity was valued, highly valued, in Israel. Today, far too many people - especially women - sell themselves cheaply by easily giving away their virginity. A man illustrated this with a true story about a friend who owned an antique store and had a table for sale. The table was worth $600, but was marked down to $300. A man tried to bargain her down to $200, and not only did she refuse, but she realized the true value of the table, and upped the price to its true worth - even when offered $300. The man finally bought the table for $600, and certainly treated it like a $600 table - because its worth had been fought for. Many women who know they are being treated shabbily by men have contributed to the problem by selling themselves cheaply.

2. (22) The penalty for adultery.

If a man is found lying with a woman married to a husband, then both of them shall die; the man that lay with the woman, and the woman; so you shall put away the evil from Israel.

a. Both of them shall die: God commanded the death penalty for adultery. This was primarily because of the exceedingly great social consequences of this sin. Therefore, God commanded the ultimate penalty against it.

i. God also specifically instructs: both the man that lay with the woman, and the woman. Adultery was not to be condemned with a double-standard; if it was wrong for the woman, it was wrong for the man, and vice-versa.

b. Then both of them shall die: As a practical matter, this death penalty was rarely carried out, as is the case in most of these situation where capital punishment is commanded. This is because any capital crime required two or three witnesses, and the witnesses had to be so sure of what they saw that they were willing to "cast the first stone" - that is, initiate the execution (Deuteronomy 17:6-7).

i. So, particularly in a case of adultery (or other sexual sins) there would rarely be two eyewitnesses willing to initiate the execution - and so capital punishment would not be carried out.

ii. This also helps us to understand what Jesus was doing when confronting the crowd who brought to Him the woman taken in adultery. By their presence and words, they claimed to have caught the woman in the act - but why then did they not bring the guilty man as well? And who was willing to cast the first stone - that is, initiate the execution? (John 8:1-12)

c. So you shall put away the evil from Israel: Though the death penalty for adultery was carried out rarely, it still had value. It communicated loudly and clearly an ideal that Israel was to live up to, and it made people regard their sin much more seriously. Today, we have done away with this ideal, and people don't care much about adultery - and society suffers greatly as a result.

3. (23-29) Laws concerning rape.

If a young woman who is a virgin is betrothed to a husband, and a man finds her in the city and lies with her, then you shall bring them both out to the gate of that city, and you shall stone them to death with stones, the young woman because she did not cry out in the city, and the man because he humbled his neighbor's wife; so you shall put away the evil from among you. But if a man finds a betrothed young woman in the countryside, and the man forces her and lies with her, then only the man who lay with her shall die. But you shall do nothing to the young woman; there is in the young woman no sin deserving of death, for just as when a man rises against his neighbor and kills him, even so is this matter. For he found her in the countryside, and the betrothed young woman cried out, but there was no one to save her. If a man finds a young woman who is a virgin, who is not betrothed, and he seizes her and lies with her, and they are found out, then the man who lay with her shall give to the young woman's father fifty shekels of silver, and she shall be his wife because he has humbled her; he shall not be permitted to divorce her all his days.

a. If a young woman who is a virgin is betrothed to a husband: If a man had intimate relations with a virgin who was betrothed to a husband, and it happened in the city (and no one immediately hears the woman cry out in an attempt to stop the man), then both were to be executed.

i. The woman was to be executed for disgracing her virginity; the man was to be executed because he humbled his neighbor's wife. Interestingly, the woman was considered the wife of another man, even though she was only betrothed, and was still a virgin, having not yet consummated the marriage.

b. But if a man finds a betrothed young woman in the countryside: If a man had intimate relations with a virgin who was betrothed, and it happened in the countryside (where no one could hear the woman, even if she should cry out), then only the man was to be executed, because the woman was presumed to be the victim of rape.

i. Significantly, the woman was not blamed for the rape, and it was presumed that she was innocent in this circumstance.

c. If a man finds a young woman who is a virgin, who is not betrothed: If a man had intimate relations with a virgin who is not betrothed, then he must pay a fine and was obligated to marry the woman (presumably, if she will have him), and he forfeited his right to divorce her in the future.

i. Some Jewish commentators note that the fifty shekels of silver were to be paid in addition to the dowry.

4. (30) A law concerning incest.

A man shall not take his father's wife, nor uncover his father's bed.

a. A man shall not take his father's wife: This probably described the case of a son marrying his stepmother after his father had died. This was considered incest, even though there was not a blood relation, because he was considered to have had uncovered his father's bed.

b. Nor uncover his father's bed: Significantly, this was exactly the same kind of immoral relationship that the Corinthian church accepted, and Paul had to rebuke them about - that a man has his father's wife! (1 Corinthians 5:1-2)

© 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 22 (Chapter Introduction)

Overview

Deu 22:1, Of humanity towards brethren; Deu 22:5, The sex is to be distinguished by apparel; Deu 22:6, The dam is not to be taken with her young ones; Deu 22:8, The house must have battlements; Deu 22:9, Confusion is to be avoided; Deu 22:12, Fringes upon the vesture; Deu 22:13, The punishment of him that slanders his wife; Deu 22:22, Of adultery; Deu 22:23, of rape; Deu 22:28, of fornication; Deu 22:30, of incest.

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 22 (Chapter Introduction)

CHAPTER 22

Laws about stray cattle, Deu 22:1-3 . About thy neighbor’ s ox fallen in the way, Deu 22:4 . Woman’ s wearing of apparel distinct from man’ s, Deu 22:5 . Of birds caught, Deu 22:6,7 . Of battlements for houses, Deu 22:8 . Of divers seeds sown, Deu 22:9 . Of ploughing with an ox and ass, Deu 22:10 . Of garments of divers colours, Deu 22:11 . Of fringes upon the four quarters of a garment, Deu 22:12 . The punishment of him that slandereth his wife. Deu 22:13-19 . Her punishment if the scandal be true, Deu 22:20,21 . The punishment of adultery, Deu 22:22-24 ; of rape, Deu 22:25-27 ; of fornication, Deu 22:28,29 . Against incest, Deu 22:30 .

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 22 (Chapter Introduction)

(Deu 22:1-4) Of humanity towards brethren.

(Deu 22:5-12) Various precepts.

(v. 13-30) Against impurity.

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 22 (Chapter Introduction)

The laws of this chapter provide, I. For the preservation of charity and good neighbourship, in the care of strayed or fallen cattle (Deu 22:1-4). II. For the preservation of order and distinction, that men and women should not wear one another's clothes (Deu 22:5), and that other needless mixtures should be avoided (Deu 22:9-11). III. For the preservation of birds (Deu 22:6, Deu 22:7). IV. Of life (Deu 22:8). V. Of the commandments (Deu 22:12). VI. Of the reputation of a wife abused, if she were innocent (Deu 22:13-19), but for her punishment if guilty (Deu 22:20, Deu 22:21). VII. For the preservation of the chastity of wives (Deu 22:22). Virgins betrothed (Deu 22:23-27), or not betrothed (Deu 22:28, Deu 22:29). And, lastly, against incest (Deu 22:30).

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 22 (Chapter Introduction)

INTRODUCTION TO DEUTERONOMY 22

In this chapter are various laws, concerning care of a neighbour's cattle gone astray or in distress, and of anything lost by him, Deu 22:1, forbidding one sex to wear the apparel, of another, Deu 22:5 and the taking away of the dam with the young found in a bird's nest, Deu 22:6, ordering battlements to be made in a new house, Deu 22:8, prohibiting mixtures in sowing, ploughing, and in garments, Deu 22:9, requiring fringes on the four quarters of a garment, Deu 22:12, fining a man that slanders his wife, upon producing the tokens of her virginity, Deu 22:13 but if these cannot be produced, then orders are given that she be put to death, Deu 22:20, then follow other laws, punishing with death the adulterer and adulteress, and one that hath ravished a betrothed damsel, Deu 22:22, amercing a person that lies with a virgin not betrothed and she consenting, and obliging him to marry her, and not suffering him to divorce her, Deu 22:28 and another against a man's lying with his father's wife, Deu 22:30.