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25 Suppose two persons have a dispute and enter into litigation, and the judges decide between them, declaring one to be in the right and the other to be in the wrong. 2If the one in the wrong deserves to be flogged, the judge shall make that person lie down and be beaten in his presence with the number of lashes proportionate to the offense. 3Forty lashes may be given but not more; if more lashes than these are given, your neighbor will be degraded in your sight. 4 You shall not muzzle an ox while it is treading out the grain. Levirate Marriage5 When brothers reside together, and one of them dies and has no son, the wife of the deceased shall not be married outside the family to a stranger. Her husband’s brother shall go in to her, taking her in marriage, and performing the duty of a husband’s brother to her, 6and the firstborn whom she bears shall succeed to the name of the deceased brother, so that his name may not be blotted out of Israel. 7But if the man has no desire to marry his brother’s widow, then his brother’s widow shall go up to the elders at the gate and say, “My husband’s brother refuses to perpetuate his brother’s name in Israel; he will not perform the duty of a husband’s brother to me.” 8Then the elders of his town shall summon him and speak to him. If he persists, saying, “I have no desire to marry her,” 9then his brother’s wife shall go up to him in the presence of the elders, pull his sandal off his foot, spit in his face, and declare, “This is what is done to the man who does not build up his brother’s house.” 10Throughout Israel his family shall be known as “the house of him whose sandal was pulled off.” Various Commands11 If men get into a fight with one another, and the wife of one intervenes to rescue her husband from the grip of his opponent by reaching out and seizing his genitals, 12you shall cut off her hand; show no pity. 13 You shall not have in your bag two kinds of weights, large and small. 14You shall not have in your house two kinds of measures, large and small. 15You shall have only a full and honest weight; you shall have only a full and honest measure, so that your days may be long in the land that the L ord your God is giving you. 16For all who do such things, all who act dishonestly, are abhorrent to the L ord your God. 17 Remember what Amalek did to you on your journey out of Egypt, 18how he attacked you on the way, when you were faint and weary, and struck down all who lagged behind you; he did not fear God. 19Therefore when the L ord your God has given you rest from all your enemies on every hand, in the land that the L ord your God is giving you as an inheritance to possess, you shall blot out the remembrance of Amalek from under heaven; do not forget. New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by
permission. All rights reserved.
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Inasmuch as moderation and humanity are here enjoined, it is a Supplement of the Sixth Commandment. The sum is, that, if any one is judicially condemned to be beaten with stripes, the chastisement should not be excessive. The question, however, is as to a punishment, which by lawyers is called a moderate correction, 4343 “Ce que les jurisconsultes appellent une reprimande moyenne.” — Fr. and which ought to be such, as that the body torn by the whip should not be maimed or disfigured. Since, therefore, God has so far spared the guilty, as to repress even just severity, much more would He have regard paid to innocent blood; and since He prohibits the judge from using too great rigor, much less will He tolerate the violence of a private individual, if he shall employ it against his brother. But it was necessary that zeal should be thus restrained, because judges, in other respects not unjust, are often as severe against lesser offenses (delicta) as against crimes. An equal measure of punishment is not indeed prescribed, as if all were to be beaten alike; it is only prohibited that the judges should order more than forty stripes in all to be inflicted for an offense. Thus the culprits were beaten deliberately, and not in such an indiscriminate manner as when it was not requisite to count the stripes; besides, they were not so injured for the future as to be deprived of the use of any of their limbs. With the same intent God would have the judges themselves to be present, that by their authority they may prevent any excess: and the reason is added, lest “thy brother should seem vile unto thee,” because he had been beaten immoderately. This may be explained in two ways, either, lest his body should be disfigured by the blows, and so he should be rendered unsightly; or, lest, being stained for ever with ignominy and disgrace, he should be discouraged in mind; for we know how grievous and bitter it is to be mocked and insulted. A third sense, 4444 This exposition is attributed to Vatablus in Poole’s Synopsis. which some prefer, is too far-fetched, viz., lest he should die like some vile and contemptible beast; for God only provides that the wretched man should be improved by his chastisement, and not that he should grow callous from his infamy. As the Jews were always ostentatious of their zeal in trifling matters, they invented a childish precaution, in order that they might more strictly observe this law; for they were scrupulous in not proceeding to the fortieth stripe, but, by deducting one, they sought after an empty reputation for clemency, as if they were wiser than God Himself, and superior to Him in kindness. Into such folly do men fall, when they dare out of their own heads to invent anything in opposition to God’s word! This superstition already prevailed in Paul’s time, as we gather from his words, where he reports that “five times he received forty stripes save one.” (2 Corinthians 11:24.) |