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.
If you are not able to give a decision as to who is responsible for a death, or who is right in a cause, or who gave the first blow in a fight, and there is a division of opinion about it in your town: then go to the place marked out by the Lord your God; And come before the priests, the Levites, or before him who is judge at the time: and they will go into the question and give you a decision:
And I said, Give ear, now, you heads of Jacob and rulers of the people of Israel: is it not for you to have knowledge of what is right? You who are haters of good and lovers of evil, pulling off their skin from them and their flesh from their bones;
Let no wrong decisions be given in the poor man's cause. Keep yourselves far from any false business; never let the upright or him who has done no wrong be put to death: for I will make the evil-doer responsible for his sin.
Let your mouth be open for those who have no voice, in the cause of those who are ready for death. Let your mouth be open, judging rightly, and give right decisions in the cause of the poor and those in need.
How long will you go on judging falsely, having respect for the persons of evil-doers? (Selah.) Give ear to the cause of the poor and the children without fathers; let those who are troubled and in need have their rights. Be the saviour of the poor and those who have nothing: take them out of the hand of the evil-doers.
<To the chief music-maker; put to Al-tashheth. Michtam. Of David.> Is there righteousness in your mouths, O you gods? are you upright judges, O you sons of men? The purposes of your hearts are evil; your hands are full of cruel doings on the earth.
When I went out of my door to go up to the town, and took my seat in the public place, The young men saw me, and went away, and the old men got up from their seats; The rulers kept quiet, and put their hands on their mouths; The chiefs kept back their words, and their tongues were joined to the roofs of their mouths. For when it came to their ears, men said that I was truly happy; and when their eyes saw, they gave witness to me; For I was a saviour to the poor when he was crying for help, to the child with no father, and to him who had no supporter. The blessing of him who was near to destruction came on me, and I put a song of joy into the widow's heart. I put on righteousness as my clothing, and was full of it; right decisions were to me a robe and a head-dress. I was eyes to the blind, and feet to him who had no power of walking. I was a father to the poor, searching out the cause of him who was strange to me. By me the great teeth of the evil-doer were broken, and I made him give up what he had violently taken away.
And said to the judges, Take care what you do, for you are judging not for man but for the Lord, and he is with you in the decisions you give. So now let the fear of the Lord be in you; do your work with care; for in the Lord our God there is no evil, or respect for high position, or taking of payment to do wrong. Then in Jerusalem he gave authority to certain of the Levites and the priests and the heads of families of Israel to give decisions for the Lord, and in the causes of those living in Jerusalem. And he gave them their orders, saying, You are to do your work in the fear of the Lord, in good faith and with a true heart. And if any cause comes before you from your brothers living in their towns, where the death punishment is in question, or where there are questions of law or order, or rules or decisions, make them take care that they are not in the wrong before the Lord, so that wrath may not come on you and on your brothers; do this and you yourselves will not be in the wrong.
Then the two men, between whom the argument has taken place, are to come before the Lord, before the priests and judges who are then in power; And the judges will have the question looked into with care: and if the witness is seen to be false and to have made a false statement against his brother, Then do to him what it was his purpose to do to his brother: and so put away the evil from among you.
You are to make judges and overseers in all your towns which the Lord your God gives you, for every tribe: and they are to be upright men, judging the people in righteousness. You are not to be moved in your judging by a man's position, you are not to take rewards; for rewards make the eyes of the wise man blind, and the decisions of the upright false. Let righteousness be your guide, so that you may have life, and take for your heritage the land which the Lord your God is giving you.
And at that time I gave orders to your judges, saying, Let all questions between your brothers come before you for hearing, and give decisions uprightly between a man and his brother or one from another nation who is with him. In judging, do not let a man's position have any weight with you; give hearing equally to small and great; have no fear of any man, for it is God who is judge: and any cause in which you are not able to give a decision, you are to put before me and I will give it a hearing.
Worthy.Bible » Commentaries » Commentary Critical and Explanatory on the Whole Bible » Commentary on Deuteronomy 25
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).