Deuteronomy 24:16 Komentář

In this chapter we have, I. The toleration of divorce (Deu 24:1-4). II. A discharge of new-married men from the war (Deu 24:5). III. Laws concerning pledges (Deu 24:6, Deu 24:10-13, Deu 24:17). IV. Against man-stealing (Deu 24:7). V. Concerning the leprosy (Deu 24:8, Deu 24:9). VI. Against the injustice of masters towards their servants (Deu 24:14, Deu 24:15). Judges in capital causes (Deu 24:16), and civil concerns (Deu 24:17, Deu 24:18). VII. Of charity to the poor (Deu 24:19, etc.).

INTRODUCTION TO DEUTERONOMY 24 This chapter contains various laws concerning divorces, Deu 24:1; the discharge of a newly married man from war and business, Deu 24:5; about taking pledges, Deu 24:6; man stealing, Deu 24:7; the plague of leprosy, Deu 24:8; and giving servants their hire in due time, Deu 24:14; concerning doing justice in capital cases, and towards the stranger, fatherless, and widow, Deu 24:16; and of charity to the poor, in allowing them the forgotten sheaf, and the gleanings of their oliveyards and vineyards, Deu 24:19.

The fathers shall not be put to death for the children,.... By the civil magistrates, for sins committed by them of a capital nature, and which are worthy of death: neither shall the children be put to death for the fathers; for sins committed by them that deserve it: every man shall be put to death for his own sin: which is but just and reasonable; see Eze 18:4; which is no contradiction to Exo 20:5; that respects what God himself would do, this what Israel, or the civil magistrates in it, should do; this is a command on Israel, as Aben Ezra observes; that the declaration of the sovereign Being, who is not bound by any law. Jarchi interprets these words differently, as that the one should not be put to death by the testimony of the other; and it is a rule with the Jews,"that an oath of witness is taken of men, and not of women; of those that are not akin, and not of those that are nearly related (p):''on which one of the commentators observes (q) that such that are near akin are not fit to bear testimony, because it is written, "the father shall not be put to death for the children"; that is, for the testimony of the children. Jarchi indeed mentions the other sense, for the sins of the children, which has been given, and is undoubtedly the true sense of the text. The Targum of Jonathan gives both;"fathers should not be put to death, neither by the testimony, nor for the sins of the children; and children shall not be put to death, neither by the testimony, nor for the sins of fathers; but every man shall be put to death for his own sin by proper witnesses.'' (p) Misn. Shebuot, c. 4. sect. 1. (q) Bartenora in ib.

OF DIVORCES. (Deu. 24:1-22) When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes--It appears that the practice of divorces was at this early period very prevalent amongst the Israelites, who had in all probability become familiar with it in Egypt [LANE]. The usage, being too deep-rooted to be soon or easily abolished, was tolerated by Moses (Mat 19:8). But it was accompanied under the law with two conditions, which were calculated greatly to prevent the evils incident to the permitted system; namely: (1) The act of divorcement was to be certified on a written document, the preparation of which, with legal formality, would afford time for reflection and repentance; and (2) In the event of the divorced wife being married to another husband, she could not, on the termination of that second marriage, be restored to her first husband, however desirous he might be to receive her.

The fathers shall not be put to death for the children--The rule was addressed for the guidance of magistrates, and it established the equitable principle that none should be responsible for the crimes of others.

Warning against Injustice. - Deu 24:16. Fathers were not to be put to death upon (along with) their sons, nor sons upon (along with) their fathers, i.e., they were not to suffer the punishment of death with them for crimes in which they had no share; but every one was to be punished simply for his own sin. This command was important, to prevent an unwarrantable and abusive application of the law which is manifest in the movements of divine justice to the criminal jurisprudence of the lane (Exo 20:5), since it was a common thing among the heathen nations - e.g., the Persians, Macedonians, and others - for the children and families of criminals to be also put to death (cf. Est 9:13-14; Herod. iii. 19; Ammian Marcell. xxiii. 6; Curtius, vi. 11, 20, etc.). An example of the carrying out of this law is to be found in Kg2 14:6; Ch2 25:4. In Deu 24:17, Deu 24:18, the law against perverting the right of strangers, orphans, and widows, is repeated from Exo 22:20-21, and Exo 23:9; and an addition is made, namely, that they were not to take a widow's raiment in pledge (cf. Lev 19:33-34).