Introduction
The laws of this chapter provide, I. For the preservation of charity and good neighbourship, in the care of strayed or fallen cattle (Deu 22:1-4). II. For the preservation of order and distinction, that men and women should not wear one another's clothes (Deu 22:5), and that other needless mixtures should be avoided (Deu 22:9-11). III. For the preservation of birds (Deu 22:6, Deu 22:7). IV. Of life (Deu 22:8). V. Of the commandments (Deu 22:12). VI. Of the reputation of a wife abused, if she were innocent (Deu 22:13-19), but for her punishment if guilty (Deu 22:20, Deu 22:21). VII. For the preservation of the chastity of wives (Deu 22:22). Virgins betrothed (Deu 22:23-27), or not betrothed (Deu 22:28, Deu 22:29). And, lastly, against incest (Deu 22:30).
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Introduction
INTRODUCTION TO DEUTERONOMY 22
In this chapter are various laws, concerning care of a neighbour's cattle gone astray or in distress, and of anything lost by him, Deu 22:1, forbidding one sex to wear the apparel, of another, Deu 22:5 and the taking away of the dam with the young found in a bird's nest, Deu 22:6, ordering battlements to be made in a new house, Deu 22:8, prohibiting mixtures in sowing, ploughing, and in garments, Deu 22:9, requiring fringes on the four quarters of a garment, Deu 22:12, fining a man that slanders his wife, upon producing the tokens of her virginity, Deu 22:13 but if these cannot be produced, then orders are given that she be put to death, Deu 22:20, then follow other laws, punishing with death the adulterer and adulteress, and one that hath ravished a betrothed damsel, Deu 22:22, amercing a person that lies with a virgin not betrothed and she consenting, and obliging him to marry her, and not suffering him to divorce her, Deu 22:28 and another against a man's lying with his father's wife, Deu 22:30.
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And if thy brother be not nigh unto thee,.... Does not live in the same neighbourhood, but at some considerable distance; so that he cannot soon and easily be informed of his cattle, or they be sent to him:
or if thou know him not; the owner of them, what is his name, or where he lives:
then thou shall bring it into thine house; not into his dwelling house, but some out house, barn, or stable:
and it shall be with thee; remain in his custody, and be taken care of by him; and, as the Targum of Jonathan says, "be fed and nourished by him"; for, according to the Jewish canon (s), whatsoever could work and eat, that should work and eat, and whatsoever did not work and eat was to be sold; for which there was a set time, as the commentators say (t), for large cattle, as oxen, twelve months; for lesser cattle, as sheep, goats, &c. three months, here it is fixed:
until thy brother seek after it; though in the mean while the finder was to make use of means, whereby the owner might be informed of it; for whatsoever was lost, in which were marks and signs by which inquiries might be made, were to be proclaimed (u); (and it is asked) how long a man was obliged to proclaim? until it was known to his neighbours; same say (he must proclaim it) at three feasts, and seven days after the last feast, so that he may go home three days, and return three days, and proclaim one day; if (the owner) tells what is lost, but does not tell the marks or signs, he may not give it him; and a deceiver, though he tells the signs, he may not give it him, as it is said, "until thy brother seek after it"; until thou inquirest of thy brother whether he is a deceiver or not: and elsewhere it is said (w), formerly if a man lost anything, and gave the signs or marks of it, he took it; but after deceivers increased, it was ordered to be said to him, bring witnesses that thou art not a deceiver, and take it; and in the same place it is observed, that there was at Jerusalem a stone, called Eben Toim, "the stone of strays", and whoever had lost or found anything repaired thither, and gave the signs and marks of it, and took it:
and thou shalt restore it to him again; he having made it fully to appear to be his, and having defrayed all expenses in advertising and keeping it; but if no owner appear to claim it, or not to satisfaction, the finder was to keep it as his own; but otherwise he was by all means to restore it, or, as in Deu 23:1 "in restoring thou shalt restore them" (x), that is, certainly restore them; and continually wherever it so happens: the Jewish canon is (y),"if he restores it, and afterwards it strays away, and he restores it again and it strays away, even though four or five times, he is bound to restore it; as it is said, "in restoring thou shalt restore them"; Maimonides says (z), that even an hundred times he is bound to restore them.''
(s) Misn. Bava Metzia, c. 2. sect. 7. (t) Maimon. & Bartenora in ib. (u) Misn. ib. sect. 5, 6, 7. (w) T. Bab. Bava Metzia, fol. 28. 2. (x) "reducendo reduces eos", Pagninus, Montanus. (y) Misn. ut supra, (s)) sect. 9. (z) Hilchot Gazelah ve abadah, c. 11. sect. 14.
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