Exodus 23:1 Kommentar

This chapter continues and concludes the acts that passed in the first session (if I may so call it) upon mount Sinai. Here are, I. Some laws of universal obligation, relating especially to the ninth commandment, against bearing false witness (Exo 23:1), and giving false judgment (Exo 23:2, Exo 23:3, Exo 23:6-8). Also a law of doing good to our enemies (Exo 23:4, Exo 23:5), and not oppressing strangers (Exo 23:9). II. Some laws peculiar to the Jews. The sabbatical year (Exo 23:10, Exo 23:11), the three annual feasts (Exo 23:14-17), with some laws pertaining thereto. III. Gracious promises of the completing of the mercy God had begun for them, upon condition of their obedience. That God would conduct them through the wilderness (Exo 23:20-24), that he would prosper all they had (Exo 23:25, Exo 23:26), that he would put them in possession of Canaan (Exo 23:27-31). But they must not mingle themselves with the nations (Exo 23:32, Exo 23:33).

Here are, I. Cautions concerning judicial proceedings; it was not enough that they had good laws, better than ever any nation had, but care must be taken for the due administration of justice according to those laws. 1. The witnesses are here cautioned that they neither occasion an innocent man to be indicted, by raising a false report of him and setting common fame against him, nor assist in the prosecution of an innocent man, or one whom they do not know to be guilty, by putting their hand in swearing as witnesses against him, Exo 23:1. Bearing false witness against a man, in a matter that touches his life, has in it all the guilty of lying, perjury, malice, theft, murder, with the additional stains of colouring all with a pretence of justice and involving many others in the same guilt. There is scarcely any one act of wickedness that a man can possibly be guilty of which has in it a greater complication of villanies than this has. Yet the former part of this caution is to be extended, not only to judicial proceedings, but to common conversation; so that slandering and backbiting are a species of falsewitness-bearing. A man's reputation lies as much at the mercy of every company as his estate or life does at the mercy of a judge or jury; so that he who raises, or knowingly spreads, a false report against his neighbour, especially if the report be made to wise and good men whose esteem one would desire to enjoy, sins as much against the laws of truth, justice, and charity, as a false witness does - with this further mischief, that he leaves it not in the power of the person injured to obtain redress. That which we translate, Thou shalt not raise, the margin reads, Thou shalt not receive a false report; for sometimes the receiver, in this case, is as bad as the thief; and a backbiting tongue would not do so much mischief as it does if it were not countenanced. Sometimes we cannot avoid hearing a false report, but we must not receive it, that is, we must not hear it with pleasure and delight as those that rejoice in iniquity, nor give credit to it as long as there remains any cause to question the truth of it. This is charity to our neighbour's good name, and doing as we would be done by. 2. The judges are here cautioned not to pervert judgment. (1.) They must not be overruled, either by might or multitude, to go against their consciences in giving judgment, Exo 23:2. With the Jews causes were tried by a bench of justices, and judgment given according to the majority of votes, in which cause every particular justice must go according to truth, as it appeared to him upon the strictest and most impartial enquiry, though the multitude of the people, and their outcries, or, the sentence of the rabbim (we translate it many), the more ancient and honourable of the justices, went the other way. Therefore (as with us), among the Jews, the junior upon the bench voted first, that he might not be swayed nor overruled by the authority of the senior. Judges must not respect the persons either of the parties or of their fellow-judges. The former part of this verse also gives a general rule for all, as well as judges, not to follow a multitude to do evil. General usage will never excuse us in a bad practice; nor is the broad way ever the better or safer for its being tracked and crowded. We must enquire what we ought to do, not what the majority do; because we must be judged by our Master, not by our fellow-servants, and it is too great a compliment to be willing to go to hell for company. (2.) They must not pervert judgment, no, not in favour of a poor man, v. 3. Right must in all cases take place and wrong must be punished, and justice never biassed nor injury connived at under pretence of charity and compassion. If a poor man be a bad man, and do a bad thing, it is foolish pity to let him fare the better for his poverty, Deu 1:16, Deu 1:17. (3.) Neither must they pervert judgment in prejudice to a poor man, nor suffer him to be wronged because he had not wherewithal to right himself; in such cases the judges themselves must become advocates for the poor, as far as their cause was good and honest (Exo 23:6): "Thou shalt not wrest the judgment of the poor; remember they are thy poor, bone of thy bone, thy poor neighbours, thy poor brethren; let them not therefore fare the worse for being poor." (4.) They must dread the thoughts of assisting or abetting a bad cause (Exo 23:7): "Keep thyself far from a false matter; do not only keep thyself free from it, nor think it enough to say thou art unconcerned in it, but keep far from it, dread it as a dangerous snare. The innocent and righteous thou wouldest not, for all the world, slay with thy own hands; keep far therefore from a false matter, for thou knowest not but it may end in that, and the righteous God will not leave such wickedness unpunished: I will not justify the wicked," that is, "I will condemn him that unjustly condemns others." Judges themselves are accountable to the great judge. (5.) They must not take bribes, v. 8. They must not only not be swayed by a gift to give an unjust judgment, to condemn the innocent, or acquit the guilty, or adjudge a man's right from him, but they must not so much as take a gift, lest it should have a bad influence upon them, and overrule them, contrary to their intentions; for it has a strange tendency to blind those that otherwise would do well. (6.) They must not oppress a stranger, v. 9. Though aliens might not inherit lands among them, yet they must have justice done them, must peaceably enjoy their own, and be redressed if they were wronged, though they were strangers to the commonwealth of Israel. It is an instance of the equity and goodness of our law, that, if an alien be tried for any crime except treason, the one half of his jury, if he desire it, shall be foreigners; they call it a trial per mediatatem linguae, a kind provision that strangers may not be oppressed. The reason here given is the same with that in ch. 22:21, You were strangers, which is here elegantly enforced, You know the heart of a stranger; you know something of the griefs and fears of a stranger by sad experience, and therefore, being delivered, can the more easily put your souls into their souls' stead. II. Commands concerning neighbourly kindnesses. We must be ready to do all good offices, as there is occasion, for any body, yea even for those that have done us ill offices, Exo 23:4, Exo 23:5. The command of loving our enemies, and doing good to those that hate us, is not only a new, but an old commandment, Pro 25:21, Pro 25:22. Infer hence, 1. If we must do this kindness for an enemy, much more for a friend, though an enemy only is mentioned, because it is supposed that a man would not be unneighbourly to any unless such as he had a particular spleen against. 2. If it be wrong not to prevent our enemy's loss and damage, how much worse is it to occasion harm and loss to him, or any thing he has. 3. If we must bring back our neighbours' cattle when they go astray, much more must we endeavour, by prudent admonitions and instructions, to bring back our neighbours themselves, when they go astray in any sinful path, see Jam 5:19, Jam 5:20. And, if we must endeavour to help up a fallen ass, much more should we endeavour, by comforts and encouragements, to help up a sinking spirit, saying to those that are of a fearful heart, Be strong. We must seek the relief and welfare of others as our own, Phi 2:4. If thou sayest, Behold, we know it not, doth not he that pondereth the heart consider it? See Pro 24:11, Pro 24:12.

INTRODUCTION TO EXODUS 23 This chapter contains several laws, chiefly judicial, relating to the civil polity of Israel, as concerning witness borne and judgment made of cases in courts of judicature, without any respect to poor or rich, and without the influence of a bribe, Exo 23:1, concerning doing good to an enemy in case any of his cattle go astray, or fall under their burden, Exo 23:4, and of the oppression of a stranger, Exo 23:9, and then follow others concerning the sabbath of the seventh year, and of the seventh day, with a caution against the use of the names of idols, Exo 23:10, next are laws concerning the appearance of all their males at the three feasts, Exo 23:14, and concerning the slaying of the sacrifice of the passover, and bringing the first of the firstfruits of the land, Exo 23:18 and then a promise is made of sending an angel to them to bring them into the land of Canaan, where they should carefully avoid all idolatry, and show a just indignation against it, and serve the Lord, and then it would be well with them, Exo 23:20, and particularly it is promised, that the Lord would send his fear, and his hornets, before them, to destroy the inhabitants of the land, and drive out the rest by little and little, until they should possess the utmost borders of it, which are fixed, Exo 23:27, and the chapter is concluded with a direction not to make a covenant with these people, or their gods, nor suffer them to dwell among them, lest they should be a snare unto them, Exo 23:32.

Thou shalt not raise a false report,.... Of a neighbour, or of any man whatever, either secretly by private slanders, whispers, backbiting and tale bearing, by innuendos, detracting from his good name and credit, suggesting things false and wicked concerning him; or publicly in a court of judicature, bringing a false accusation, laying a false charge, and bearing a false testimony against him: or "thou shall not receive a false report" (p); if there were not so many, that say, Report, and we will report it, that are ready to receive every ill thing of their neighbours, there would not be so many that would raise such ill things of them; everything of this kind should be discountenanced, and especially by judges in courts of judicature, who are chiefly spoken to and of in the context; these should not easily admit every charge and accusation brought; nor bear, or endure a false report, as the word also signifies, but discourage, and even punish it: put not thine hand with the wicked to be an unrighteous witness; which is not a gesture used in swearing, such as with us, of putting the hand upon a book, which did not obtain so early; nor is there any instance of this kind in Scripture; the gesture used in swearing was either putting the hand under the thigh, which yet is questionable, or lifting of it up to heaven; but here it is expressive of confederacy, of joining hand in hand to carry on a prosecution in an unrighteous way, by bearing false testimony against another; and such were to be guarded against, and not admitted to give evidence in a cause, even a man that is known to be a wicked man, or to have been an unrighteous witness before; on the one hand, a man should be careful of joining with him in a testimony that is unrighteous; and, on the other hand, judges should take care not to suffer such to be witnesses. The Jews say (q), that everyone that is condemned to be scourged, or has been scourged for some crime committed, is reckoned a wicked man, and he is not to be admitted a witness, nor his testimony taken. (p) "non suscipies", V. L. Pegninus, Vatablus, Drusius, Fagius. (q) Maimon. & Bartenora in Misn. Sanhedrin, c. 3. sect. 3.

Laws against evil-speaking, Exo 23:1. Against bad company, Exo 23:2. Against partiality, Exo 23:3. Laws commanding acts of kindness and humanity, Exo 23:4, Exo 23:5. Against oppression, Exo 23:6. Against unrighteous decisions, Exo 23:7. Against bribery and corruption, Exo 23:8. Against unkindness to strangers, Exo 23:9. The ordinance concerning the Sabbatical year, Exo 23:10, Exo 23:11. The Sabbath a day of rest, Exo 23:12. General directions concerning circumcision, etc., Exo 23:13. The three annual festivals, Exo 23:14. The feast of unleavened bread, Exo 23:15. The feast of harvest, and the feast of ingathering, Exo 23:16. All the males to appear before God thrice in a year, Exo 23:17. Different ordinances - no blood to be offered with leavened bread - no fat to be left till the next day - the first fruits to be brought to the house of God - and a kid not to be seethed in its mother's milk, Exo 23:18, Exo 23:19. Description of the Angel of God, who was to lead the people into the promised land, and drive out the Amorites, etc., Exo 23:20-23. Idolatry to be avoided, and the images of idols destroyed, Exo 23:24. Different promises to obedience, Exo 23:25-27. Hornets shall be sent to drive out the Canaanites, etc., Exo 23:28. The ancient inhabitants to be driven out by little and little, and the reason why, Exo 23:29, Exo 23:30. The boundaries of the promised land, Exo 23:31. No league or covenant to be made with the ancient inhabitants, who are all to be utterly expelled, Exo 23:32, Exo 23:33.

Thou shalt not raise a false report - Acting contrary to this precept is a sin against the ninth commandment. And the inventor and receiver of false and slanderous reports, are almost equally criminal. The word seems to refer to either, and our translators have very properly retained both senses, putting raise in the text, and receive in the margin. The original לא תשא lo tissa has been translated, thou shalt not publish. Were there no publishers of slander and calumny, there would be no receivers; and were there none to receive them, there would be none to raise them; and were there no raisers, receivers, nor propagators of calumny, lies, etc., society would be in peace.

LAWS CONCERNING SLANDER, &c. (Exo. 23:1-33) put not thine hand--join not hands.

Lastly, no one was to violate another's rights. - Exo 23:1. "Thou shalt not raise (bring out) an empty report." שׁוא שׁמע, a report that has no foundation, and, as the context shows, does injury to another, charges him with wrongdoing, and involves him in legal proceedings. "Put not thine hand with a wicked man (do not offer him thy hand, or render him assistance), to be a witness of violence." This clause is unquestionably connected with the preceding one, and implies that raising a false report furnishes the wicked man with a pretext for bringing the man, who is suspected of crime on account of this false report, before a court of law; in consequence of which the originator or propagator of the empty report becomes a witness of injustice and violence. Exo 23:2-3 Just as little should a man follow a multitude to pervert justice. "Thou shalt not be behind many (follow the multitude) to evil things, nor answer concerning a dispute to incline thyself after many (i.e., thou shalt not give such testimony in connection with any dispute, in which thou takest part with the great majority), so as to pervert" (להטּות), sc., justice. But, on the other hand, "neither shalt thou adorn the poor man in his dispute" (Exo 23:3), i.e., show partiality to the poor or weak man in an unjust cause, out of weak compassion for him. (Compare Lev 19:15, a passage which, notwithstanding the fact that הדר is applied to favour shown to the great or mighty, overthrows Knobel's conjecture, that גּדל should be read for ודל, inasmuch as it prohibits the showing of favour to the one as much as to the other.) Exo 23:4-5 Not only was their conduct not to be determined by public opinion, the direction taken by the multitude, or by weak compassion for a poor man; but personal antipathy, enmity, and hatred were not to lead them to injustice or churlish behaviour. On the contrary, if the Israelite saw his enemy's beast straying, he was to bring it back again; and if he saw it lying down under the weight of its burden, he was to help it up again (cf. Deu 22:1-4). The words וגו מעזב וחדלתּ, "cease (desist) to leave it to him (thine enemy); thou shalt loosen it (let it loose) with him," which have been so variously explained, cannot have any other signification than this: "beware of leaving an ass which has sunk down beneath its burden in a helpless condition, even to thine enemy, to try whether he can help it up alone; rather help him to set it loose from its burden, that it may get up again." This is evident from Deu 22:4, where התעלּמתּ לא, "withdraw not thyself," is substituted for מעזב חדלתּ, and עמּו תּקים הקם, "set up with him," for עמּו תּעזב עזב. From this it is obvious that עזב is used in the first instance in the sense of leaving it alone, leaving it in a helpless condition, and immediately afterwards in the sense of undoing or letting loose. The peculiar turn given to the expression, "thou shalt cease from leaving," is chosen because the ordinary course, which the natural man adopts, is to leave an enemy to take care of his own affairs, without troubling about either him or his difficulties. Such conduct as this the Israelite was to give up, if he ever found his enemy in need of help. Exo 23:6-8 The warning against unkindness towards an enemy is followed by still further prohibitions of injustice in questions of right: viz., in Exo 23:6, a warning against perverting the right of the poor in his cause; in Exo 23:7, a general command to keep far away from a false matter, and not to slay the innocent and righteous, i.e., not to be guilty of judicial murder, together with the threat that God would not justify the sinner; and in Exo 23:8, the command not to accept presents, i.e., to be bribed by gifts, because "the gift makes seeing men (פּקחים open eyes) blind, and perverts the causes of the just." The rendering "words of the righteous" is not correct; for even if we are to understand the expression "seeing men" as referring to judges, the "righteous" can only refer to those who stand at the bar, and have right on their side, which judges who accept of bribes may turn into wrong. Exo 23:9 The warning against oppressing the foreigner, which is repeated from Exo 22:20, is not tautological, as Bertheau affirms for the purpose of throwing suspicion upon this verse, but refers to the oppression of a stranger in judicial matters by the refusal of justice, or by harsh and unjust treatment in court (Deu 24:17; Deu 27:19). "For ye know the soul (animus, the soul as the seat of feeling) of the stranger," i.e., ye know from your own experience in Egypt how a foreigner feels. Exo 23:10-13 Here follow directions respecting the year of rest and day of rest, the first of which lays the foundation for the keeping of the sabbatical and jubilee years, which are afterwards instituted in Lev 25, whilst the latter gives prominence to the element of rest and refreshment involved in the Sabbath, which had been already instituted (Exo 20:9-11), and presses it in favour of beasts of burden, slaves, and foreigners. Neither of these instructions is to be regarded as laying down laws for the feasts; so that they are not to be included among the rights of Israel, which commence at Exo 23:14. On the contrary, as they are separated from these by Exo 23:13, they are to be reckoned as forming part of the laws relating to their mutual obligations one towards another. This is evident from the fact, that in both of them the care of the poor stands in the foreground. From this characteristic and design, which are common to both, we may explain the fact, that there is no allusion to the keeping of a Sabbath unto the Lord, as in Exo 20:10 and Lev 25:2, in connection with either the seventh year or seventh day: all that is mentioned being their sowing and reaping for six years, and working for six days, and then letting the land lie fallow in the seventh year, and their ceasing or resting from labour on the seventh day. "The seventh year thou shalt let (thy land) loose (שׁמט to leave unemployed), and let it lie; and the poor of thy people shall eat (the produce which grows of itself), and their remainder (what they leave) shall the beast of the field eat." הנּפשׁ: lit., to breathe one's self, to draw breath, i.e., to refresh one's self (cf. Exo 31:17; Sa2 16:14). - With Exo 23:13 the laws relating to the rights of the people, in their relations to one another, are concluded with the formula enforcing their observance, "And in all that I say to you, take heed," viz., that ye carefully maintain all the rights which I have given you. There is then attached to this, in Exo 23:14, a warning, which forms the transition to the relation of Israel to Jehovah: "Make no mention of the name of other gods, neither let it be heard out of thy mouth." This forms a very fitting boundary line between the two series of mishpatim, inasmuch as the observance and maintenance of both of them depended upon the attitude in which Israel stood towards Jehovah.