Deuteronomy 25:3 Kommentar

Here is, I. A law to moderate the scourging of malefactors (Deu 25:1-3). II. A law in favour of the ox the treads out the corn (Deu 25:4). III. For the disgracing of him that refused to marry his brother's widow (Deu 25:5-10). IV. For the punishment of an immodest woman (Deu 25:11, Deu 25:12). V. For just weights and measures (Deu 25:13-16). VI. For the destroying of Amalek (Deu 25:17, etc.).

INTRODUCTION TO DEUTERONOMY 25 Several laws are contained in this chapter, as concerning beating such whose crimes required it, Deu 25:1; of not muzzling the ox in treading out the corn, Deu 25:4; of marrying a deceased brother's wife, when there was no issue, and of the disgrace of such that refused it, Deu 25:5; of the punishment of an immodest woman, Deu 25:11; and against bad weights and measures, Deu 25:13; and for the utter destruction of Amalek, Deu 25:17.

Forty stripes he may give him, and not exceed,.... And that this number might not be exceeded, it is ordered by the Jewish canons that only thirty nine should be given; for it is asked (b),"with how many stripes do they beat him? with forty, save one, as it is said, in number "forty" that is, in the number which is next to forty;''this they make out by joining the last word of Deu 25:2 with the first of this; and that this was an ancient sense of the law, and custom upon it, appears by the execution of it on the Apostle Paul; who was not indulged, but suffered the extremity of it as it was then understood; see Gill on Co2 11:24; moreover, that they might not exceed this number, they used to make a scourge of three lashes, so that every strike they fetched with it was reckoned for three stripes, and thirteen of them made thirty nine; wherefore if they added another stroke, it would have exceeded the number of stripes by two: lest if he should exceed, and beat him above these with many stripes; they might diminish them, if a man was weak, and not able to bear them; but they might not exceed them, if a man was as strong as Samson, as Maimonides (c) says: then thy brother should seem vile unto thee; as if he was a beast, and not a man, and much less a brother. The Targum of Jonathan is,"lest he be in danger, and thy brother be vile;''lest he be in danger of his life, and become vile, as a dead carcass; so the apostle calls dead bodies "vile bodies", Phi 3:21; or in danger of being maimed, and becoming lame or deformed, and so be contemptible: and this punishment of beating with the Jews was not reckoned, according to their writers, reproachful, and as fixing a brand of infamy upon a person; but they were still reckoned brethren, and restored to their former dignities, whatsoever they possessed; so Maimonides (d) says,"whoever commits a crime, and is beaten, he returns to his dignity, as it is said, "lest thy brother be vile in thine eyes"; when he is beaten, lo, he is thy brother; an high priest, that commits a crime, is beaten by three (i.e. a bench of three judges, by their order), as the rest of all the people, and he returns to his grandeur; but the head of the session (or court of judicature), that commits a crime, they beat him, but he does not return to his principality, nor even return to be as one of the rest of the sanhedrim; for they ascend in holiness, but do not descend.''And yet Josephus represents it as a most infamous and scandalous punishment, as one would think indeed it should be; his words are (e), speaking of the laws concerning travellers being allowed to gather grapes, and pluck ears of corn as they passed;"he that does contrary to these laws receives forty stripes, save one, with a public scourge; a free man undergoes this most filthy (or disgraceful) punishment, because for the sake of gain he reproaches his dignity.'' (b) Misn. Maccot, c. 3. sect. 10. Vid. Buxtorf. Synagog. Jud. c. 25. p. 522, 523. (c) Hilchot Sanhedrin, c. 17. sect. 1. (d) Ibid. sect. 7, 8, 9. (e) Antiqu. l. 4. c. 8. sect. 21.

STRIPES MUST NOT EXCEED FORTY. (Deu. 25:1-19) 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 (Co2 11:24).