As was common in ancient Near Eastern judicial cases, Job concluded his summary defense with an oath of innocence. He did so in the form of a negative confession complete with self-imprecations.127He concluded with a challenge to God to present His charges in writing (vv. 35-37). Job's idea was that if God remained silent this would be a vindication of his innocence. However if he had been guilty, God would have to intervene and impose the punishment Job had designated.128
"Chapter 31 as to its literary format is a negative testament by which Job will close the matter of whether he is being punished for his sins. After such a statement, in the jurisprudence of the ancient Near East, the burden of proof fell on the court. That is why verse 40 says, The words of Job are ended.' Each disavowal had to be accompanied by an oath that called for the same punishment the offense deserved on the basis of the principle of lex talionis(vv. 5-10). Because the charges against Job were wide and varied, he must give a similarly wide disavowal. He had already done this in a general way (cf. 23:10-12), but now he specifies and calls for condemnation and punishment from both God and man (vv. 8, 11, 12, 14, 22, 23) if he is guilty of any of these sins."129
Job claimed purity from ethical defilement in two ways. He referred to the binding covenant he had made with his eyes (v. 1). Then he used the oath form "if"such and such be true "then"(sometimes not stated) let thus and so happen (vv. 5-6, 7-8, 9-10, 13, 16, 19, 20 [twice], 21-22, 24, 25, 26, 38, 39-40).
"The making of a covenant with his eyes is not merely a promise not to lust after a girl. The sin he has in mind is far more fundamental, or it would not have commanded this position in the poem. Job is emphatically denying an insidious and widespread form of idolatry: devotion to the betula, the maiden,' the goddess of fertility. This Venus of the Semitic world was variously known as the Maiden Anat in Ugaritic, Ashtoreth in preexilic Israel, and Ishtar in Babylonian sources, wherein she is described as laden with vitality, charm and voluptuousness.' She is probably the Queen of Heaven' mentioned in Jeremiah 7:18 and 44:16-19."130
Most of the sins mentioned in this chapter were not heinous crimes but relatively minor deviations from the ethical ideal. They were covert rather than overt iniquities. Thus Job claimed innocence on the highest level of morality (cf. Matt. 5:27-28). Note also that he continued to assume that God punishes the wicked (vv. 2-3).
"As a consequence of his suffering, Job viewed man's relationship to God as being based on God's sovereign caprice; therefore man could hope for happiness only by adhering to an ethical rightness superior to God's whereby he could demand vindication (Job 31; cf. 35:2b)."131
Verse 10 has in view Job's wife grinding corn with a hard millstone, the work of a slave, and being overpowered by men sexually.
"His hypothetical adultery would in Hebrew eyes be an offence [sic] against her husband, and so another's adultery with his wife would be a similar offence [sic] against him. In Hebrew law adultery always involved a married woman. The marital state of the man was immaterial."132
Job's words about adultery (vv. 9-12) are classic and reveal righteous abhorrence of that sin. Likewise his statements regarding the importance of treating slaves as human beings (vv. 13-15) reveal Job's fear of God and love for his fellow man. He respected human life highly (vv. 16-23). Job further claimed that he was not an idolater (vv. 24-28), selfish (vv. 29-32), or hypocritical (vv. 33-34).
"Here then is either a very clean conscience or a very calloused [sic] one."133
Job's cry for a hearer of his claims (v. 35) probably implied God rather than the mediator he had requested earlier (16:19; 19:25; cf. 30:20).
"An examination of biblical and extra-biblical legal documents establishes v. 35 as a dependent's official appeal before a third party for a civil hearing at which the judge would compel the plaintiff to formalize his accusations and to present any supporting evidence. As we shall see, this request was ordinarily made only after all attempts at informal arbitration had been exhausted and was often accompanied by a sworn statement of innocence. In Job 31 the oath of innocence has been expanded to embrace the entire chapter."134
His "adversary"in this verse was also God (cf. 13:24; 16:9; 19:11). We should probably understand "owners"(v. 39) as "workers."
Having ended his final summation in defense of his innocence Job rested his case and waited for God's verdict. This is another climax in the book. Job had claimed innocence in his personal life (vv. 1-12), toward his neighbor (vv. 13-20), and toward God (vv. 24-34; cf. 1:11). Job's friends believed that God always punishes sin, therefore Job was a sinner. Job believed that God was punishing him when he was innocent, therefore God was unfair.