Deuteronomy 25:1
If there is a dispute between men, they are to go to court to be judged, so that the innocent may be acquitted and the guilty condemned.
Sermons
Corporal PunishmentR.M. Edgar Deuteronomy 25:1-3
Earthly Magistracy an Argument for the HeavenlyD. Davies Deuteronomy 25:1-3
The BastinadoJ. Orr Deuteronomy 25:1-3














Professor W. R. Smith ('Old Testament,' p. 376) regards this law of stripes as indicating a late date for Deuteronomy. He argues from the customs of the free Bedouins. But it is perilous to reason from the customs of the Bedouins to the punishments in vogue among a people who had lived some centuries in Egypt, where, as is well-known, the bastinado was in constant use. The sculptures at Beni-Hassan represent the very scene here described. We learn -

I. THAT IT IS THE FUNCTION OF CIVIL MAGISTRATES TO PUNISH CRIME. (Vers. 1, 2.) They bear the sword for this purpose (Romans 14:4; 1 Peter 2:14). The modern humanitarian spirit tends to exalt the reformatory and preventive ends of punishment, at the expense of the retributive. That every effort should be put forth for the reformation of the criminal which the case admits of, we cordially allow. But the danger is, in these matters, that sentiment degenerate into sentimentalism. Crime deserves punishment, and on that ground alone, were there no other, ought to receive it. No theory can be satisfactory which loses sight of retribution, and makes reformation and prevention the all in all.

II. THAT PENALTIES OUGHT TO BE SUFFICIENTLY SEVERE. (Ver. 2.) To be effective in early stages of civilization, penalties must be severe, prompt, and specific enough to be vividly conceived (cf. H. Spencer's 'Essays:' 'Prison Ethics'). The progress of society admits of the substitution of punishments appealing to a higher class of sensibilities. But even these ought adequately to express the measure of the criminal's desert. If Mr. Spencer were right, the slightest restraint compatible with the safety of the community, combined with compulsory self-support, would be punishment sufficient for the greatest crimes. The sense of justice in mankind rejects such ideas. Carlyle's teaching in 'Model Prisons' is healthier than this.

III. THAT PENALTIES OUGHT TO BE MEASURED. (Ver. 3.) It is difficult to believe that in our own country, at the beginning of this century, the theft of five shillings from the person was a crime punishable by death. Yet the statute-book bristled with enactments, of which, unhappily, this was not the worst. Such outrageous disproportion between crime and punishment must have robbed the law's sentences of most of their moral effect. Anomalies exist still, which it would be to any statesman's credit to endeavor to remove.

IV. THAT PENALTIES SHOULD NOT BE UNDULY DEGRADING, (Vet, 3.) Lest "thy brother should seem vile unto thee." The effect of excessive severity is to harden, degrade, dehumanize. It often drives the criminal to desperation. As a victim of the older criminal code expressed it, "A man's heart is taken from him, and there is given to him the heart of a beast." The tendency in modern feeling is toward the abolition of corporal punishments entirely, as degrading alike to him who administers them, and to those by whom they are endured. Observe:

1. The profound idea on which the law rested. The body, part of human nature, and sharing its dignity as made in God's image.

2. The best laws may be unjustly and cruelly administered (2 Corinthians 11:24, 25). - J.O.

No man shall take the nether or the upper millstone to pledge.
The Jewish law was important to that people as their national code. Its enactments were wisely adapted to their condition and the land they inhabited, and were calculated to secure their prosperity. But these considerations alone would not have justified its adoption in the Word of God. The Divine mind aims at higher objects than those which are included in this world's prosperity. Who can imagine, with a worthy idea of infinite wisdom, the laws of this and the two foregoing chapters to have come from God, unless besides the letter in which they served the Jews, they have some deeper import by which they can give wisdom to Christians? Before proceeding further with the subject before us, let me remind you of that most important fact, which is equally true in vegetable growth and in the growth of religion, that all progress is gradual. It is "first the blade, then the ear, and then the full corn in the ear." But corn, before it is fit for human food, must be brought to the mill and ground; and this operation is more especially connected with the subject before us.

I. THE USE OF GRINDING IS TWO FOLD: FIRST, THE SEPARATION OF THE HUSK AND LESS NUTRITIOUS PORTION FROM THE RICHER INTERIOR SUBSTANCE OF THE CORN; AND SECONDLY, THE TRITURATION AND PULVERISING, WHICH REDUCES THE GRAIN TO FLOUR AND THUS PRESENTS IT FULLY PREPARED FOR THE SUSTENTATION OF MAN. Both these essential services are done by the mill. In ancient times each family had its own mill, and the flour for daily use was ground each day. The mill was composed of two circular flat stones; one the upper, the other the lower. In the upper one there was a hole, in which a wooden handle was fixed, by which it was made to go round. The persons grinding sat to their work, and frequently when women did it there would be two, and one passed the handle round to the other, and so the work went on. To this our blessed Lord alludes when He says, at the end of the Church, meant by the end of the age, or world: "Two women shall be grinding at the mill, the one shall be taken and the other left" (Matthew 24:41). These circumstances all guide us to the correspondence. Corn corresponds to the good in life to which truth leads. The virtues which our views of religion open up to us are a harvest of graces; but, as general principles, they are not quite ready for daily use. They require to be rationally investigated, to be stripped of the forms in which we learned them, and to be accommodated to our own wants and circumstances. This is one of the works of the rational faculty in man. In this respect it is a spiritual mill. To know and understand the truth, that we may love and practise it, this is the spirit in which to read and hear the Word. The wisdom we understand enters into the mind, the wisdom we love enters into the heart. "The opening of Thy words giveth light, it giveth understanding unto the simple" (Psalm 119:130). The words which remain in the memory, and do not enter the intellect, leave us, and have left the world, unenlightened and unedified. The grand use of the rational faculty, then, as a spiritual mill is evident. May we never surrender it, or barter it away. But the mill had two stones, an upper and a nether millstone. Stones represent truths of doctrine, especially in relation to the firmness they afford as a foundation and a defensive wall to our faith. In this sense stones are constantly employed in the Word (Isaiah 28:16; Matthew 7:24, 25; Luke 20:17; 1 Peter 2:5). The two stones of which the mill consists represent the two grand truths into which the whole Word divides itself: those which teach love to God and love to man. The upper stone is the symbol of the first and great commandment. Our Lord refers to this when answering the question, "Master, which is the great commandment in the law? Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind" (Matthew 22:36-38). The two tables of stone, upon which the Ten Commandments, the first and the essential principles of all the Divine Word, were written, were intended to represent the same two-fold division of all heavenly lessons. The mill, then, with its two stones, represents the rational faculty when it is furnished with these two grand truths. With these two universal principles it can do, and is intended to do, the utmost service to man. Everything that enters the mind should be submitted to its inspection and action. Whatever is taught in relation to God which is inconsistent with love to God and love to man should be rejected; whatever is in harmony with both should be received. All that love would do God will do, for God is love; all that love would reject, God will reject, for God is love. So in relation to man. Our duty in all things is to measure our conduct by the great law, "Whatsoever ye would that men should do to you, do ye even so to them; for this is the law and the prophets" (Matthew 7:12). Such is the spiritual mill, and such is its operation. What a wide field of use it has; and how essential is that use! To try to sift, to discriminate, to adapt all that we learn, so that fallacy and mere appearance may be rejected, and only what is really conducive to salvation and blessing be retained: "What is the chaff to the wheat? saith the Lord."

II. With this view of the important objects and indispensable character of the millstones, seen in their correspondence, we shall be prepared to see in spiritual light THE REASON OF THE COMMAND IN OUR TEXT: "No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge." The rational faculty, and its two grand essential principles, must never be parted with, nor even be placed in abeyance. Oh! that this great truth that we ought never to suspend, never to forego the use of this grand principle, our rational faculty, were engraven on every heart. In this sublime portion of our nature the essential means of manhood reside. He will never become a man who never thoughtfully dares to reason for himself; who never strives to penetrate the appearances of things, and see with a single eye Divine realities. Here is the judgment seat for each mind. How poor a being he becomes who fears to use this glorious capability, let degenerate millions answer. He has not the fixed instincts of brutes and their obedience to the laws of their order, and while he is born with debased affections, he does not use this grand means of rising forever higher. Without that we cannot free ourselves from our own passions and prejudices, much less from the domination of other men. Without that we cannot rise to the freedom of citizens of heaven. We are things, not men. Let, then, no man take your mill; it is your life. But neither the lower nor the upper millstone must be taken. The two grand essential truths, upon which all others hang, must neither of them be given up. Whatever is not in harmony with them ought not to be received. Whatever is unworthy of our love to God, whatever would lessen our love to man, should be rejected at once. How great a source of elevation should we constantly have, if in all our hearing and reading we should bring our spiritual corn to the mill, furnished with these spiritual stones!

III. Finally, let me earnestly impress upon you all THE IMPORTANCE OF USING THE MILL. There is no possibility of true manhood being attained without a conscientious use of reason in receiving the things of God. Have no fear in employing the glorious faculties Divine mercy has blessed you with Oh! that men would, rise manfully to the dignity of their, high character as rational and immortal beings capable of reserving the truth, judging of it, loving it, and making it their own by practice. Reject every attempt to place this heavenly mill in pledge, for it is your real manhood, your life, that is wished to be taken, when you are told to forego the use of your reason. Above all, let us see well that our mill is ever, in good condition, the nether and the upper stones. Let us receive no instruction that is inconsistent with love to our neighbour, the spiritual nether millstone. Let no sectarian sentiments, no idea that heaven was made just for this small party who think with us, or that gain our assent. Let us unite with men of love and virtue, of every name, assured that "of such is the kingdom of heaven." Let not the upper millstone go into pledge. Let us unceasingly try every sentiment proposed to us as true by the great supreme law of love to God above all things.

(J. Bayley, Ph. D.)

People
Amalek, Amalekites, Ephah, Moses
Places
Amalek, Beth-baal-peor, Egypt
Topics
Acquitting, Argument, Case, Condemn, Condemning, Controversy, Court, Decide, Decision, Declared, Dispute, Guilty, Innocent, Judge, Judged, Judges, Judgment, Justify, Justifying, Law, Nigh, Resort, Righteous, Strife, Upright, Wicked, Wrong, Wrongdoer, Wrong-doer
Outline
1. Punishment must not exceed forty lashes
4. The ox is not to be muzzled
5. Of raising seed unto a brother
11. Of the immodest woman
13. Of unjust weights and measures
17. The memory of Amalek is to be blotted out

Dictionary of Bible Themes
Deuteronomy 25:1

     5270   court
     5383   lawsuits
     6677   justification, necessity
     8245   ethics, incentives
     8278   innocence, teaching on

Deuteronomy 25:1-3

     5203   acquittal
     5358   judges
     5361   justice, human
     6173   guilt, and God

Library
Therefore at that Time, when the Law Also...
27. Therefore at that time, when the Law also, following upon the days of the Patriarchs, [2010] pronounced accursed, whoso raised not up seed in Israel, even he, who could, put it not forth, but yet possessed it. But from the period that the fullness of time hath come, [2011] that it should be said, "Whoso can receive, let him receive," [2012] from that period even unto this present, and from henceforth even unto the end, whoso hath, worketh: whoso shall be unwilling to work, let him not falsely
St. Augustine—On the Good of Marriage

The Doctrine of Arbitrary Scriptural Accommodation Considered.
"But the Righteousness which is of Faith speaketh on this wise,--Say not in thine heart, Who shall ascend into Heaven?' (that is, to bring Christ down from above:) or, Who shall descend into the deep?' (that is, to bring up Christ again from the dead.) But what saith it? The word is nigh thee, even in thy mouth; and in thine heart:' that is, the word of Faith, which we preach; that if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised Him from
John William Burgon—Inspiration and Interpretation

Nor, Because I Called Ruth Blessed, Anna More Blessed...
10. Nor, because I called Ruth blessed, Anna more blessed, in that the former married twice, the latter, being soon widowed of her one husband, so lived long, do you straightway also think that you are better than Ruth. Forsooth different in the times of the Prophets was the dispensation of holy females, whom obedience, not lust, forced to marry, for the propagation of the people of God, [2242] that in them Prophets of Christ might be sent beforehand; whereas the People itself also, by those things
St. Augustine—On the Good of Widowhood.

Genealogy According to Luke.
^C Luke III. 23-38. ^c 23 And Jesus himself [Luke has been speaking about John the Baptist, he now turns to speak of Jesus himself], when he began to teach, was about thirty years of age [the age when a Levite entered upon God's service--Num. iv. 46, 47], being the son (as was supposed) of Joseph, the son [this may mean that Jesus was grandson of Heli, or that Joseph was counted as a son of Heli because he was his son-in-law] of Heli, 24 the son of Matthat, the son of Levi, the son of Melchi, the
J. W. McGarvey—The Four-Fold Gospel

Of those who are Able to Profit Others by virtuous Example in Supreme Rule, but Fly from it in Pursuit of their Own Ease.
For there are some who are eminently endowed with virtues, and for the training of others are exalted by great gifts, who are pure in zeal for chastity, strong in the might of abstinence, filled with the feasts of doctrine, humble in the long-suffering of patience, erect in the fortitude of authority, tender in the grace of loving-kindness, strict in the severity of justice. Truly such as these, if when called they refuse to undertake offices of supreme rule, for the most part deprive themselves
Leo the Great—Writings of Leo the Great

Genealogy of Jesus According to Matthew.
^A Matt. I. 1-17. ^a 1 The book of the generation [or genealogy] of Jesus Christ, the son of David [the Messiah was promised to David--II. Sam. vii. 16; John vii. 42], the son of Abraham. [Messiah was also promised to Abraham--Gen. xxii. 18; Gal. iii. 16.] 2 Abraham begat Isaac; and Isaac begat Jacob; and Jacob begat Judah and his brethren [mentioned here because they were the heads of the tribes for whom especially Matthew wrote his Gospel]; 3 and Judah begat Perez and Zerah [these two were twins]
J. W. McGarvey—The Four-Fold Gospel

The True Manner of Keeping Holy the Lord's Day.
Now the sanctifying of the Sabbath consists in two things--First, In resting from all servile and common business pertaining to our natural life; Secondly, In consecrating that rest wholly to the service of God, and the use of those holy means which belong to our spiritual life. For the First. 1. The servile and common works from which we are to cease are, generally, all civil works, from the least to the greatest (Exod. xxxi. 12, 13, 15, &c.) More particularly-- First, From all the works of our
Lewis Bayly—The Practice of Piety

The Roman Pilgrimage: the Miracles which were Wrought in It.
[Sidenote: 1139] 33. (20). It seemed to him, however, that one could not go on doing these things with sufficient security without the authority of the Apostolic See; and for that reason he determined to set out for Rome, and most of all because the metropolitan see still lacked, and from the beginning had lacked, the use of the pall, which is the fullness of honour.[507] And it seemed good in his eyes[508] that the church for which he had laboured so much[509] should acquire, by his zeal and labour,
H. J. Lawlor—St. Bernard of Clairvaux's Life of St. Malachy of Armagh

Cix. Jewish Rulers Seek to Ensnare Jesus.
(Court of the Temple. Tuesday, April 4, a.d. 30.) Subdivision B. Sadducees Ask About the Resurrection. ^A Matt. XXII. 23-33; ^B Mark XII. 18-27; ^C Luke XX. 27-39. ^a 23 On that day there came { ^b come} unto him ^c certain of the the Sadducees, they that { ^b who} say there is no resurrection [As to the Sadducees, see p. 71. We may regard their attitude toward Christ as expressed by their leader Caiaphas, see p. 528]; and they asked him, saying, 19 Teacher, Moses wrote unto us [See Deut. xxv. 5,
J. W. McGarvey—The Four-Fold Gospel

Preaching (iii. ).
Eternal Fulness, overflow to me Till I, Thy vessel, overflow for Thee; For sure the streams that make Thy garden grow Are never fed but by an overflow: Not till Thy prophets with Thyself run o'er Are Israel's watercourses full once more. Again I treat of the sermon. We have looked, my younger Brother and I, at some main secrets and prescriptions for attractive preaching. What shall I more say on the subject of the pulpit? In the first place I will offer a few miscellaneous suggestions, and then
Handley C. G. Moule—To My Younger Brethren

Second Stage of Jewish Trial. Jesus Condemned by Caiaphas and the Sanhedrin.
(Palace of Caiaphas. Friday.) ^A Matt. XXVI. 57, 59-68; ^B Mark XIV. 53, 55-65; ^C Luke XXII. 54, 63-65; ^D John XVIII. 24. ^d 24 Annas therefore sent him bound unto Caiaphas the high priest. [Foiled in his attempted examination of Jesus, Annas sends him to trial.] ^b and there come together with him all the chief priests and the elders and the scribes. ^a 57 And they that had taken Jesus led him away to the house of Caiaphas the high priest, ^c and brought him into the high priest's house. ^a where
J. W. McGarvey—The Four-Fold Gospel

Deuteronomy
Owing to the comparatively loose nature of the connection between consecutive passages in the legislative section, it is difficult to present an adequate summary of the book of Deuteronomy. In the first section, i.-iv. 40, Moses, after reviewing the recent history of the people, and showing how it reveals Jehovah's love for Israel, earnestly urges upon them the duty of keeping His laws, reminding them of His spirituality and absoluteness. Then follows the appointment, iv. 41-43--here irrelevant (cf.
John Edgar McFadyen—Introduction to the Old Testament

Links
Deuteronomy 25:1 NIV
Deuteronomy 25:1 NLT
Deuteronomy 25:1 ESV
Deuteronomy 25:1 NASB
Deuteronomy 25:1 KJV

Deuteronomy 25:1 Bible Apps
Deuteronomy 25:1 Parallel
Deuteronomy 25:1 Biblia Paralela
Deuteronomy 25:1 Chinese Bible
Deuteronomy 25:1 French Bible
Deuteronomy 25:1 German Bible

Deuteronomy 25:1 Commentaries

Bible Hub
Deuteronomy 24:22
Top of Page
Top of Page