Keil and Delitzsch OT Commentary
If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.Corporal Punishment. - The rule respecting the corporal punishment to be inflicted upon a guilty man is introduced in Deuteronomy 25:1 with the general law, that in a dispute between two men the court was to give right to the man who was right, and to pronounce the guilty man guilty (cf. Exodus 22:8 and Exodus 23:7).
And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number.If the guilty man was sentenced to stripes, he was to receive his punishment in the presence of the judge, and not more than forty stripes, that he might not become contemptible in the eyes of the people. הכּות בּן, son of stripes, i.e., a man liable to stripes, like son (child) of death, in 1 Samuel 20:31. "According to the need of his crime in number," i.e., as many stripes as his crime deserved.
Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee."Forty shall ye beat him, and not add," i.e., at most forty stripes, and not more. The strokes were administered with a stick upon the back (Proverbs 10:13; Proverbs 19:29; Proverbs 26:3, etc.). This was the Egyptian mode of whipping, as we may see depicted upon the monuments, when the culprits lie flat upon the ground, and being held fast by the hands and feet, receive their strokes in the presence of the judge (vid., Wilkinson, ii. p. 11, and Rosellini, ii. 3, p. 274, 78). The number forty was not to be exceeded, because a larger number of strokes with a stick would not only endanger health and life, but disgrace the man: "that thy brother do not become contemptible in thine eyes." If he had deserved a severer punishment, he was to be executed. In Turkey the punishments inflicted are much more severe, viz., from fifty to a hundred lashes with a whip; and they are at the same time inhuman (see v. Tornauw, Moslem. Recht, p. 234). The number, forty, was probably chosen with reference to its symbolical significance, which it had derived from Genesis 7:12 onwards, as the full measure of judgment. The Rabbins fixed the number at forty save one (vid., 2 Corinthians 11:24), from a scrupulous fear of transgressing the letter of the law, in case a mistake should be made in the counting; yet they felt no conscientious scruples about using a whip of twisted thongs instead of a stick (vid., tract. Macc. iii. 12; Buxtorf, Synag. Jud. pp. 522-3; and Lundius, Jd. Heiligth. p. 472).
Thou shalt not muzzle the ox when he treadeth out the corn.The command not to put a muzzle upon the ox when threshing, is no doubt proverbial in its nature, and even in the context before us is not intended to apply merely literally to an ox employed in threshing, but to be understood in the general sense in which the Apostle Paul uses it in 1 Corinthians 9:9 and 1 Timothy 5:18, viz., that a labourer was not to be deprived of his wages. As the mode of threshing presupposed here - namely, with oxen yoked together, and driven to and fro over the corn that had been strewn upon the floor, that they might kick out the grains with their hoofs - has been retained to the present day in the East, so has also the custom of leaving the animals employed in threshing without a muzzle (vid., Hoest, Marokos, p. 129; Wellst. Arabien, i. p. 194; Robinson, Pal. ii. pp. 206-7, iii. p. 6), although the Mosaic injunctions are not so strictly observed by the Christians as by the Mohammedans (Robinson, ii. p. 207).
If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.On Levirate Marriages. - Deuteronomy 25:5, Deuteronomy 25:6. If brothers lived together, and one of them died childless, the wife of the deceased was not to be married outside (i.e., away from the family) to a strange man (one not belonging to her kindred); her brother-in-law was to come to her and take her for his wife, and perform the duty of a brother-in-law to her. יבּם, denom. from יבם, a brother-in-law, husband's brother, lit., to act the brother-in-law, i.e., perform the duty of a brother-in-law, which consisted in his marrying his deceased brother's widow, and begetting a son of children with her, the first-born of whom was "to stand upon the name of his deceased brother," i.e., be placed in the family of the deceased, and be recognised as the heir of his property, that his name (the name of the man who had died childless) might not be wiped out or vanish out of Israel. The provision, "without having a son" (ben), has been correctly interpreted by the lxx, Vulg., Josephus (Ant. iv. 8, 23), and the Rabbins, as signifying childless (having no seed, Matthew 22:25); for if the deceased had simply a daughter, according to Numbers 27:4., the perpetuation of his house and name was to be ensured through her. The obligation of a brother-in-law's marriage only existed in cases where the brothers had lived together, i.e., in one and the same place, not necessarily in one house or with a common domestic establishment and home (vid., Genesis 13:6; Genesis 36:7). - This custom of a brother-in-law's (Levirate) marriage, which is met with in different nations, and as an old traditional custom among the Israelites (see at Genesis 38:8.), had its natural roots in the desire inherent in man, who is formed for immortality, and connected with the hitherto undeveloped belief in an eternal life, to secure a continued personal existence for himself and immorality for his name, through the perpetuation of his family and in the life of the son who took his place. This desire was not suppressed in Israel by divine revelation, but rather increased, inasmuch as the promises given to the patriarchs were bound up with the preservation and propagation of their seed and name. The promise given to Abraham for his seed would of necessity not only raise the begetting of children in the religious views of the Israelites into the work desired by God and well-pleasing to Him, but would also give this significance to the traditional custom of preserving the name and family by the substitution of a marriage of duty, that they would thereby secure to themselves and their family a share in the blessing of promise. Moses therefore recognised this custom as perfectly justifiable; but he sought to restrain it within such limits, that it should not present any impediment to the sanctification of marriage aimed at by the law. He took away the compulsory character, which it hitherto possessed, by prescribing in Deuteronomy 25:7., that if the surviving brother refused to marry his widowed sister-in-law, she was to bring the matter into the gate before the elders of the town (vid., Deuteronomy 21:19), i.e., before the magistrates; and if the brother-in-law still persisted in his refusal, she was to take his shoe from off his foot and spit in his face, with these words: "So let it be done to the man who does not build up his brother's house."
The taking off of the shoe was an ancient custom in Israel, adopted, according to Ruth 4:7, in cases of redemption and exchange, for the purpose of confirming commercial transactions. The usage arose from the fact, that when any one took possession of landed property he did so by treading upon the soil, and asserting his right of possession by standing upon it in his shoes. In this way the taking off of the shoe and handing it to another became a symbol of the renunciation of a man's position and property, - a symbol which was also common among the Indians and the ancient Germans (see my Archologie, ii. p. 66). But the custom was an ignominious one in such a case as this, when the shoe was publicly taken off the foot of the brother-in-law by the widow whom he refused to marry. He was thus deprived of the position which he ought to have occupied in relation to her and to his deceased brother, or to his paternal house; and the disgrace involved in this was still further heightened by the fact that his sister-in-law spat in his face. This is the meaning of the words (cf. Numbers 12:14), and not merely spit on the ground before his eyes, as Saalschtz and others as well as the Talmudists (tr. Jebam. xii. 6) render it, for the purpose of diminishing the disgrace. "Build up his brother's house," i.e., lay the foundation of a family or posterity for him (cf. Genesis 16:2). - In addition to this, the unwilling brother-in-law was to receive a name of ridicule in Israel: "House of the shoe taken off" (הנּעל חלוּץ, taken off as to his shoe; cf. Ewald, 288, b.), i.e., of the barefooted man, equivalent to "the miserable fellow;" for it was only in miserable circumstances that the Hebrews went barefoot (vid., Isaiah 20:2-3;
And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel.
And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband's brother.
Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;
Then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother's house.
And his name shall be called in Israel, The house of him that hath his shoe loosed.
When men strive together one with another, and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, and taketh him by the secrets:"But in order that the great independence which is here accorded to a childless widow in relation to her brother-in-law, might not be interpreted as a false freedom granted to the female sex" (Baumgarten), the law is added immediately afterwards, that a woman whose husband was quarrelling with another, and who should come to his assistance by laying hold of the secret parts of the man who was striking her husband, should have her hand cut off.
Then thou shalt cut off her hand, thine eye shall not pity her.
Thou shalt not have in thy bag divers weights, a great and a small.The duty of integrity in trade is once more enforced in Deuteronomy 25:13-16 (as in Leviticus 19:35-36). "Stone and stone," i.e., two kinds of stones for weighing (cf. Psalm 12:3), viz., large ones for buying and small ones for selling. On the promise in Deuteronomy 25:15, see Deuteronomy 4:26; Deuteronomy 5:16; Deuteronomy 25:16, as in Deuteronomy 22:5; Deuteronomy 18:12, etc. In the concluding words, Deuteronomy 25:16, "all that do unrighteously," Moses sums up all breaches of the law.
Thou shalt not have in thine house divers measures, a great and a small.
But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the LORD thy God giveth thee.
For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God.
Remember what Amalek did unto thee by the way, when ye were come forth out of Egypt;But whilst the Israelites were to make love the guiding principle of their conduct in their dealings with a neighbour, and even with strangers and foes, this love was not to degenerate into weakness or indifference towards open ungodliness. To impress this truth upon the people, Moses concludes the discourse on the law by reminding them of the crafty enmity manifested towards them by Amalek on their march out of Egypt, and with the command to root out the Amalekites (cf. Exodus 17:9-16). This heathen nation had come against Israel on its journey, viz., at Rephidim in Horeb, and had attacked its rear: "All the enfeebled behind thee, whilst thou wast faint and weary, without fearing God." זנּב, lit., to tail, hence to attack or destroy the rear of an army or of a travelling people (cf. Joshua 10:19). For this reason, when the Lord should have given Israel rest in the land of its inheritance, it was to root out the remembrance of Amalek under heaven. (On the execution of this command, see 1 Samuel 15.) "Thou shalt not forget it:" an emphatic enforcement of the "remember" in Deuteronomy 25:17.
How he met thee by the way, and smote the hindmost of thee, even all that were feeble behind thee, when thou wast faint and weary; and he feared not God.
Therefore it shall be, when the LORD thy God hath given thee rest from all thine enemies round about, in the land which the LORD thy God giveth thee for an inheritance to possess it, that thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it.