Introduction
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).
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Remember what Amalek did--This cold-blooded and dastardly atrocity is not narrated in the previous history (Exo 17:14). It was an unprovoked outrage on the laws of nature and humanity, as well as a daring defiance of that God who had so signally shown His favor towards Israel (see on 1 Samuel 15; 27. 8; 30).
Next: Deuteronomy Chapter 26
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But whilst the Israelites were to make love the guiding principle of their conduct in their dealings with a neighbour, and even with strangers and foes, this love was not to degenerate into weakness or indifference towards open ungodliness. To impress this truth upon the people, Moses concludes the discourse on the law by reminding them of the crafty enmity manifested towards them by Amalek on their march out of Egypt, and with the command to root out the Amalekites (cf. Exo 17:9-16). This heathen nation had come against Israel on its journey, viz., at Rephidim in Horeb, and had attacked its rear: "All the enfeebled behind thee, whilst thou wast faint and weary, without fearing God." זנּב, lit., to tail, hence to attack or destroy the rear of an army or of a travelling people (cf. Jos 10:19). For this reason, when the Lord should have given Israel rest in the land of its inheritance, it was to root out the remembrance of Amalek under heaven. (On the execution of this command, see 1 Sam 15.) "Thou shalt not forget it:" an emphatic enforcement of the "remember" in Deu 25:17.
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