5 If brethren H251 dwell H3427 together, H3162 and one H259 of them die, H4191 and have no child, H1121 the wife H802 of the dead H4191 shall not marry without H2351 unto a stranger: H376 H2114 her husband's brother H2993 shall go in H935 unto her, and take H3947 her to him to wife, H802 and perform the duty of an husband's brother H2992 unto her.
6 And it shall be, that the firstborn H1060 which she beareth H3205 shall succeed H6965 in the name H8034 of his brother H251 which is dead, H4191 that his name H8034 be not put out H4229 of Israel. H3478
7 And if the man H376 like H2654 not to take H3947 his brother's wife, H2994 then let his brother's wife H2994 go up H5927 to the gate H8179 unto the elders, H2205 and say, H559 My husband's brother H2993 refuseth H3985 to raise up H6965 unto his brother H251 a name H8034 in Israel, H3478 he will H14 not perform the duty of my husband's brother. H2992
8 Then the elders H2205 of his city H5892 shall call H7121 him, and speak H1696 unto him: and if he stand H5975 to it, and say, H559 I like H2654 not to take H3947 her;
9 Then shall his brother's wife H2994 come H5066 unto him in the presence H5869 of the elders, H2205 and loose H2502 his shoe H5275 from off his foot, H7272 and spit H3417 in his face, H6440 and shall answer H6030 and say, H559 So shall it be done H6213 unto that man H376 that will not build up H1129 his brother's H251 house. H1004
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).