1 If there is an argument between men and they go to law with one another, let the judges give their decision for the upright, and against the wrongdoer.
2 And if the wrongdoer is to undergo punishment by whipping, the judge will give orders for him to go down on his face and be whipped before him, the number of the blows being in relation to his crime.
3 He may be given forty blows, not more; for if more are given, your brother may be shamed before you.
4 Do not keep the ox from taking the grain when he is crushing it.
5 If brothers are living together and one of them, at his death, has no son, the wife of the dead man is not to be married outside the family to another man: let her husband's brother go in to her and make her his wife, doing as it is right for a brother-in-law to do.
6 Then the first male child she has will take the rights of the brother who is dead, so that his name may not come to an end in Israel.
7 But if the man says he will not take his brother's wife, then let the wife go to the responsible men of the town, and say, My husband's brother will not keep his brother's name living in Israel; he will not do what it is right for a husband's brother to do.
8 Then the responsible men of the town will send for the man, and have talk with him: and if he still says, I will not take her;
9 Then his brother's wife is to come to him, before the responsible men of the town, and take his shoe off his foot, and put shame on him, and say, So let it be done to the man who will not take care of his brother's name.
10 And his family will be named in Israel, The house of him whose shoe has been taken off.
11 If two men are fighting, and the wife of one of them, coming to the help of her husband, takes the other by the private parts;
12 Her hand is to be cut off; have no pity on her.
13 Do not have in your bag different weights, a great and a small;
14 Or in your house different measures, a great and a small.
15 But have a true weight and a true measure: so that your life may be long in the land which the Lord your God is giving you.
16 For all who do such things, and all whose ways are not upright, are disgusting to the Lord your God.
17 Keep in mind what Amalek did to you on your way from Egypt;
18 How, meeting you on the way, he made an attack on you when you were tired and without strength, cutting off all the feeble ones at the end of your line; and the fear of God was not in him.
19 So when the Lord your God has given you rest from all who are against you on every side, in the land which the Lord your God is giving you for your heritage, see to it that the memory of Amalek is cut off from the earth; keep this in mind.
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Commentary on Deuteronomy 25 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 25
De 25:1-19. Stripes Must Not Exceed Forty.
2, 3. if the wicked man be worthy to be beaten—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).
4. Thou shalt not muzzle the ox when he treadeth out the corn—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).
5-10. the wife of the dead shall not marry without unto a stranger: her husband's brother … shall take her to him to wife—This usage existed before the age of Moses (Ge 38:8). But the Mosaic law rendered the custom obligatory (Mt 22:25) on younger brothers, or the nearest kinsman, to marry the widow (Ru 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.
13-16. Thou shalt not have … divers weights—Weights were anciently made of stone and are frequently used still by Eastern shopkeepers and traders, who take them out of the bag and put them in the balance. The man who is not cheated by the trader and his bag of divers weights must be blessed with more acuteness than most of his fellows [Roberts]. (Compare Pr 16:11; 20:10).
17-19. Remember what Amalek did—This cold-blooded and dastardly atrocity is not narrated in the previous history (Ex 17:14). It was an unprovoked outrage on the laws of nature and humanity, as well as a daring defiance of that God who had so signally shown His favor towards Israel (see on 1 Samuel 15; 27. 8; 30).