Deuteronomium 25:7 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.

And the man like not to take his brother's wife,.... The provision here made by this law, when this was the case, is such as did not take place before it became a law; for then Onan would have taken the advantage of it, and refused marrying his brother's wife, which it is plain was not agreeable to him, Gen 38:9; as many do now on one account or another. Leo of Modena (l) says,"it was anciently accounted the more laudable thing to take her, than to release her; but now the corruption of the times, and the hardness of men's hearts, are such, as that they only look after worldly ends, either of riches, or of the beauty of the woman; so that there are very few that in this case will marry a brother's widow, especially among the Dutch and Italian Jews, but they always release her:" then let his brother's wife go up to the gate; to the gate of the city, where the judges sit for public affairs; to the gate of the sanhedrim, or court of judicature, as the Targum of Jonathan; and this affair was cognizable by the bench of three judges, and might be dispatched by them; for so it is said (m),"the plucking off the shoe, and the refusal of marriage, are by three:''i.e. three judges, which was the lowest court of judicature with the Jews: unto the elders, and say; which according to the above Targum were to be five wise men, of which three were to be judges, and two witnesses; and she was to say in the Hebrew language, in which, according to the Misnah (n), she was to pronounce what follows: 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; that is, in a few words, he will not marry her. (l) Ut supra, sect. 3. (Leo Modena's History of Rites, &c. l. 1 sect. 3.) (m) Misn. Sanhedrin, c. 1. sect. 3. (n) Sotah, c. 7. sect. 2.

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).