Exodus 22:16–23:9

Here is, I. A law that he who debauched a young woman should be obliged to marry her, Exo 22:16, Exo 22:17. If she was betrothed to another, it was death to debauch her (Deu 22:23, Deu 22:24); but the law here mentioned respects her as single. But, if the father refused her to him, he was to give satisfaction in money for the injury and disgrace he had done her. This law puts an honour upon marriage and shows likewise how improper a thing it is that children should marry without their parents' consent: even here, where the divine law appointed the marriage, both as a punishment to him that had done wrong and a recompence to her that had suffered wrong, yet there was an express reservation for the father's power; if he denied his consent, it must be no marriage. II. A law which makes witchcraft a capital crime, Exo 22:18. Witchcraft not only gives that honour to the devil which is due to God alone, but bids defiance to the divine Providence, wages war with God's government, and puts his work into the devil's hand, expecting him to do good and evil, and so making him indeed the god of this world; justly therefore was it punished with death, especially among a people that were blessed with a divine revelation, and cared for by divine Providence above any people under the sun. By our law, consulting, covenanting with, invocating, or employing, any evil spirit, to any intent whatsoever, and exercising any enchantment, charm, or sorcery, whereby hurt shall be done to any person whatsoever, is made felony, without benefit of clergy; also pretending to tell where goods lost or stolen may be found, or the like, is an iniquity punishable by the judge, and the second offence with death. The justice of our law herein is supported by the law of God recorded here. III. Unnatural abominations are here made capital; such beasts in the shape of men as are guilty of them are unfit to live (Exo 22:19): Whosoever lies with a beast shall die. IV. Idolatry is also made capital, Exo 22:20. God having declared himself jealous in this matter, the civil powers must be jealous in it too, and utterly destroy those persons, families, and places of Israel, that worshipped any god, save the Lord: this law might have prevented the woeful apostasies of the Jewish nation in after times, if those that should have executed it had not been ringleaders in the breach of it. V. A caution against oppression. Because those who were empowered to punish other crimes were themselves most in danger of this, God takes the punishing of it into his own hands. 1. Strangers must not be abused (Exo 22:21), not wronged in judgment by the magistrates, not imposed upon in contracts, nor must any advantage be taken of their ignorance or necessity; no, nor must they be taunted, trampled upon, treated with contempt, or upbraided with being strangers; for all these were vexations, and would discourage strangers from coming to live among them, or would strengthen their prejudices against their religion, to which, by all kind and gentle methods, they should endeavour to proselyte them. The reason given why they should be kind to strangers is, "You were strangers in Egypt, and knew what it was to be vexed and oppressed there," Note, (1.) Humanity is one of the laws of religion, and obliges us particularly to be tender of those that lie most under disadvantages and discouragements, and to extend our compassionate concern to strangers, and those to whom we are not under the obligations of alliance or acquaintance. Those that are strangers to us are known to God, and he preserves them, Psa 146:9. (2.) Those that profess religion should study to oblige strangers, that they may thereby recommend religion to their good opinion, and take heed of doing any thing that may tempt them to think ill of it or its professors, Pe1 2:12. (3.) Those that have themselves been in poverty and distress, if Providence enrich and enlarge them, ought to show a particular tenderness towards those that are now in such circumstances as they were in formerly, doing now by them as they then wished to be done by. 2. Widows and fatherless must not be abused (Exo 22:22): You shall not afflict them, that is, "You shall comfort and assist them, and be ready upon all occasions to show them kindness." In making just demands from them, their condition must be considered, who have lost those that should deal for them, and protect them; they are supposed to be unversed in business, destitute of advice, timorous, and of a tender spirit, and therefore must be treated with kindness and compassion; no advantage must be taken against them, nor any hardship put upon them, from which a husband or a father would have sheltered them. For, (1.) God takes particular cognizance of their case, Exo 22:23. Having no one else to complain and appeal to, they will cry unto God, and he will be sure to hear them; for his law and his providence are guardians to the widows and fatherless, and if men do not pity them, and will not hear them, he will. Note, It is a great comfort to those who are injured and oppressed by men that they have a God to go to who will do more than give them the hearing; and it ought to be a terror to those who are oppressive that they have the cry of the poor against them, which God will hear. Nay, (2.) He will severely reckon with those that do oppress them. Though they escape punishments from men, God's righteous judgments will pursue and overtake them, Exo 22:24. Men that have a sense of justice and honour will espouse the injured cause of the weak and helpless; and shall not the righteous God do it? Observe the equity of the sentence here passed upon those that oppress the widows and fatherless: their wives shall become widows, and their children fatherless; and the Lord is known by these judgments, which he sometimes executes still.

Exodus 22:16, 17 16. And if a man entice a maid that is not betrothed, and lie with her; he shall surely endow her to be his wife. 16. Quum seduxerit quispiam virginem quae non est desponsata, et coierit cum ea, dotando dotabit sibi in uxorem. 17. If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins. 17. Si renuendo renuerit pater ejus ei dare ipsam, pecuniam appendet secundum dotem virginum. Hence, also, it is manifest that, although God remits the judicial penalty, fornication is displeasing to Him. As to the spiritual judgment of the conscience, there were expiations to propitiate Him; He here only has consideration for young females, lest, being deceived, and having lost their virginity, they should become prostitutes; and thus the land should be defiled by whoredom. The remedy is, that lie who has corrupted girl should be compelled to marry her, and also to give tie a dowry from his own property, lest, if he should afterwards cast her off, she should go away from her bed penniless. But, if the marriage should not please her father, the penalty imposed on her seducer is, that he should assign her a wedding portion.

Here is, I. A law against extortion in lending. 1. They must not receive use for money from any that borrowed for necessity (Exo 22:25), as in that case, Neh 5:5, Neh 5:7. And such provision the law made for the preservation of estates to their families by the year of jubilee that a people who had little concern in trade could not be supposed to borrow money but for necessity, and therefore it is generally forbidden among themselves; but to a stranger, whom yet they might not oppress, they were allowed to lend upon usury: this law, therefore, in the strictness of it, seems to have been peculiar to the Jewish state; but, in the equity of it, it obliges us to show mercy to those of whom we might take advantage, and to be content to share, in loss as well as profit, with those we lend to, if Providence cross them; and, upon this condition, it seems as lawful to receive interest for my money, which another takes pains with and improves, but runs the hazard of, in trade, as it is to receive rent for my land, which another takes pains with and improves, but runs the hazard of, in husbandry. 2. They must not take a poor man's bed-clothes in pawn; but, if they did, must restore them by bed-time, Exo 22:26, Exo 22:27. Those who lie soft and warm themselves should consider the hard and cold lodgings of many poor people, and not do any thing to make bad worse, or to add affliction to the afflicted. II. A law against the contempt of authority (Exo 22:28): Thou shalt not revile the gods, that is, the judges and magistrates, for their executing these laws; they must do their duty, whoever suffer by it. Magistrates ought not to fear the reproach of men, nor their revilings, but to despise them as long as they keep a good conscience; but those that do revile them for their being a terror to evil works and workers reflect upon God himself, and will have a great deal to answer for another day. We find those under a black character, and a heavy doom, that despise dominion, and speak evil of dignities, Jde 1:8. Princes and magistrates are our fathers, whom the fifth commandment obliges us to honour and forbids us to revile. St. Paul applies this law to himself, and owns that he ought not to speak evil of the ruler of his people; no, not though the ruler was then his most unrighteous persecutor, Act 23:5; see Ecc 10:20. III. A law concerning the offering of their first-fruits to God, Exo 22:29, Exo 22:30. It was appointed before (ch. 13), and it is here repeated: The firstborn of thy sons shalt thou give unto me; and much more reason have we to give ourselves, and all we have, to God, who spared not his own Son, but delivered him up for us all. The first ripe of their corn they must not delay to offer. There is danger, if we delay our duty, lest we wholly omit it; and by slipping the first opportunity, in expectation of another, we suffer Satan to cheat us of all our time. Let not young people delay to offer to God the first-fruits of their time and strength, lest their delays come, at last, to be denials, through the deceitfulness of sin, and the more convenient season they promise themselves never arrive. Yet it is provided that the firstlings of their cattle should not be dedicated to God till they were past seven days old, for then they began to be good for something. Note, God is the first and best, and therefore must have the first and best. IV. A distinction put between the Jews and all other people: You shall be holy men unto me; and one mark of that honourable distinction is appointed in their diet, which was, that they should not eat any flesh that was torn of beasts (Exo 22:31), not only because it was unwholesome, but because it was paltry, and base, and covetous, and a thing below those who were holy men unto God, to eat the leavings of the beasts of prey. We that are sanctified to God must not be curious in our diet; but we must be conscientious, not feeding ourselves without fear, but eating and drinking by rule, the rule of sobriety, to the glory of God.

Exodus 22:18 18. Thou shalt not suffer a witch to live. 18. Maleficam non pateris vivere. 18. Thou shalt not suffer a witch to live. In these passages the punishment of those is appointed who should in any respect violate the worship of God. We have lately seen how severely God avenged apostasy from the faith; but now He touches upon certain particular points when religion is not professedly forsaken, but some corruption is introduced, whereby its purity is affected. The first passage denounces capital punishment upon witches; by which name Moses means enchantresses, or sorceresses, who devote themselves to magic arts, either to injure persons by their fascinations, or to seek revelations from the devil; such as she was whom Saul consulted, although she might be called by a different name [65] Since such illusions carry with them a wicked renunciation of God, no wonder that He would have them punished with death. But since this pestilent crime would be no more tolerable in a man than a woman, it has been probably supposed that the law was directed against women, because their sex is more disposed to superstition. Certainly the same enactment is made respecting males in Deuteronomy 18:1, [66] only the punishment is not there denounced, but God merely prohibits any of the people from being an enchanter or a witch. Now it is clear that all the kinds which are there recited, are here included under one; so that God would condemn to capital punishment all augurs, and magicians, and consulters with familiar spirits, and necromancers and followers of magic arts, as well as enchanters. And this will appear more plainly from the second and third passages, in which God declares that He "will set. His face against all, that shall turn after such as have familiar spirits, and after wizards," so as to cut them off from His people; and then commands that they should be destroyed by stoning. Wherefore, since it is not just that men should escape with impunity, when the infirmity of women is not spared, nor that dissimilar sentences should be pronounced in similar cases, the same punishment which was decreed against witches and enchantresses, is now extended to either sex, and to all magical superstitions. In the words also "that turneth to go a whoring," the atrocity of the crime is again expressed, the similitude being taken from immodest women, who seek with wandering glances for the indulgence of their lust. Moses, therefore, signifies that, as soon as we begin to cast our eyes this way and that, and do not keep them fixed on God alone so as to be content with Him, that sacred union [67] is violated wherein He has bound us to Himself. Footnotes: [65] It is said of the woman, (1 Samuel 18:7,) that "she had a familiar spirit," ('vv See [4]vol. 1, p. 428; the word here used is mksphhfrom ksph, praestigiis uti. -- Taylor's Concordance. [66] See ante, [5]vol. 1, p. 426, on Deuteronomy 18:10. [67] "Le mariage spirituel."--Fr.

Exodus 22:19 19. Whosoever lieth with a beast shall surely be put to death. 19. Quisquis concubuerit cum animali, morte moriatur. We learn from these passages that the people were not only prohibited from adultery, but also from all sins [61] which are repugnant to the modesty of nature itself. In order that all impurity may be the more detestable, He enumerates two species of unnatural lust, from whence it is evident that when men indulge themselves in this respect, they are carried away by an impulse, which is more than beastly, to defile themselves by shameful wickedness. The beasts are satisfied with natural connection; it is therefore a gross enormity that this distinction should be confounded by man endowed with reason; for what is the use of our judgment and intelligent faculties if it be not that greater self-restraint should exist in us than in the brute animals? It is plain, therefore, that they must be blinded in a horrible manner who so shamefully defile themselves, as Paul says. (Romans 1:28.) The madness of lust has, however, invented several monstrous vices, whose names it would be better to bury, if God had not chosen that these shameful monuments should exist, to inspire us with fear and horror. It has at length advanced to such excesses, that men created in God's image, both male and female, have had connection with brutes.

Exodus 22:21-24 21. Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt. 21. Peregrinum non opprimes, neque spoliabis: quia peregrini fuistis in terra AEgypti. 22. Ye shalt not afflict any widow, or fatherless child. 22. Nullam viduam nec pupillum affligetis. 23. If thou afflict them in any wise, and the, and cry at all unto me, I will surely hear their cry: 23. Si affligendo afflixeritis eum, certe si clamando clamaverit ad me, audiendo audiam clamorem ejus: 24. And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless. 24. Irasceturque furor meus, et occidam vos gladio, eruntque uxores vestrae viduae, et filii vestri pupilli.

Exodus 22:25 25. If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury. 25. Si pecuniam mutuam dederis populo, meo pauperi qui est tecum, non eris ei sicut usurarius: non imponetis ei usuram. 25. If thou lend money to any of my people Humanity ought to be very greatly regarded in the matter of loans, especially when a person, being reduced to extremities, implores a rich man's compassion; for this is, in. point of fact, the genuine trial of our charity, when, in accordance with Christ's precept, we lend to those of whom we expect no return. (Luke 6:35.) The question here is not as to usury, as some have falsely thought, [111] as if he commanded us to lend gratuitously, and without any hope of gain; but, since in lending, private advantage is most generally sought, and therefore we neglect the poor; and only lend our money to the rich, from whom we expect some compensation, Christ reminds us that, if we seek to acquire the favor of the rich, we afford in this way no proof of our charity or mercy; and hence lie proposes another sort of liberality, which is plainly gratuitous, in giving assistance to the poor, not only because our loan is a perilous one, but because they cannot make a return in kind. Before descending to speak of loans, God here adverts to poverty and distress, (Leviticus 25:35,) whereby men's minds may be disposed to compassion. If any one be afflicted with poverty, he commands us to relieve his necessity. He makes use, however, of a metaphor, [112] that he who is tottering should be strengthened, as if by catching hold of his hand. What follows about the stranger and sojourner extends and amplifies, in my opinion, the previous sentence; as if it were said that, since humanity is not to be denied even to strangers, much more is assistance to be given to their brethren. For, when it pleased God that strangers should be permitted to inhabit the land, they were to be kindly treated [113] according to the rights of hospitality; for to allow them to live is to make their condition just and tolerable. And thus God indirectly implies, that such unhappy persons are expelled and driven away, so as not to live, if they are oppressed by unjust burdens. This, then, is the sum of the first sentence, that the rich, who has the ability, should uplift the poor man who is failing, by his assistance, or should strengthen the tottering. A precept is added as to lending without interest, which, although it is a political law, still depends on the rule of charity; inasmuch as it can scarcely happen but that the poor should be entirely drained by the exaction of interest, and that their blood should be almost sucked away. Nor had God any other object in view, except that mutual and brotherly affection should prevail amongst the Israelites. It is plain that this was a part of the Jewish polity, because it was lawful to lend at interest to the Gentiles, which distinction the spiritual law does not admit. The judicial law, however, which God prescribed to His ancient people, is only so far abrogated as that what charity dictates should remain, i.e., that our brethren, who need our assistance, are not to be treated harshly. Moreover, since the wall of partition, which formerly separated Jew and Gentile, is now broken down, our condition is now different; and consequently we must spare all without exception, both as regards taking interest, and any other mode of extortion; and equity is to be observed even towards strangers. "The household of faith." indeed, holds the first rank, since Paul commands us specially to do good to them, (Galatians 6:10;) still the common society of the human race demands that we should not seek to grow rich by the loss of others. As touching the political law, no wonder that God should have permitted His people to receive interest, from the Gentiles, since otherwise a just reciprocity would not have been preserved, without which one party must needs be injured. God commands His people not to practice usury, and still lays the Jews alone, and not foreign nations, under the obligation of this law. In order, therefore, that equality (ratio analogica) might be preserved, He accords [114] the same liberty to His people which the Gentiles would assume for themselves; for this is the only intercourse that can be endured, when the condition of both parties is similar and equal. For when Plato [115] asserts that usurers are not to be tolerated in a well-ordered republic, lie does not go further than to enjoin, that its citizens should abstain from that base and. dishonest traffic between each other. The question now is, whether usury is evil in itself; and surely that which heathens even have detested appears to be by no means lawful to the children of God. We know that the name of usurer has everywhere and always been infamous and detested. Thus Cato, [116] desiring to commend agriculture, says that thieves were formerly condemned to a fine of double, and usurers quadruple; from which he infers, that the latter were deemed the worst. And when asked what he thought of usury, he replied, "What do I think of killing a man?" whereby he wished to show, that it was as improper to make money by usury as to commit murder. This was the swing of one private individual, yet it is derived from the opinions of almost all nations and persons. And assuredly from this cause great tumults often arose at Rome, and fatal contentions were awakened between the common people and the rich; since it can hardly be but that usurers suck men's blood like leeches. But if we come to an accurate decision as to the thing itself, our determination must be derived from nowhere else than the universal rule of justice, and especially from the declaration of Christ, on which hang the law and the prophets, -- Do not unto others what ye would not have done to thyself. (Matthew 7:12.) For crafty men are for ever inventing some little subterfuge or other to deceive God. Thus, when all men detested the word foenus, another was substituted, which might avoid unpopularity under an honest pretext; for they called it usury, as being a compensation for the loss a man had incurred by losing the use of his money. But [117] there is no description of foenus to which this specious name may not be extended; for whosoever has any ready money, and is about to lend it, he will allege that it would be profitable to himself if he were to purchase [118] something with it, and that at every moment opportunities of gain are presenting themselves. Thus there will be always ground for his seeking compensation, since no creditor could ever lend money without loss to himself. Thus usury, [119] since the word is equivalent to foenus, is but a covering for an odious practice, as if such glosses would deliver us in God's judgment, where nothing but absolute integrity can avail for our defense. There was almost a similar mode of subterfuge among the Israelites. The name ns5, neschec, which is derived from biting, sounded badly; since then no one chose to be likened to a hungry dog, who fed himself by biting others, some escape from the reproach was sought; and they called whatever gain they received beyond the capital, trvyt, therbith, as being an increase. But God, in order to prevent such deception, unites the two words, (Leviticus 25:36,) and condemns the increase as well as the biting. For, where He complains of their unjust modes of spoiling and thieving in Ezekiel, [120] and uses both words as He does here by Moses, there is no doubt but that He designedly cuts off their empty excuses. (Ezekiel 18:13.) Lest any, therefore, should reply, that although he derived advantage from his money, he was not on that account guilty of usury, God at once removes this pretense, and condemns in general any addition to the principal. Assuredly both passages clearly show that those who invent new words in excuse of evil, do nothing but vainly trifle. I have, then, admonished men that the fact itself is simply to be considered, that all unjust gains are ever displeasing to God, whatever color we endeavor to give to it. But if we would form an equitable judgment, reason does not suffer us to admit that all usury is to be condemned without exception. If the debtor have protracted the time by false pretences to the loss and inconvenience of his creditor, will it be consistent that he should reap advantage from his bad faith and broken promises? Certainly no one, I think, will deny that usury ought to be paid to the creditor in addition to the principal, to compensate his loss. [121] If any rich and monied man, wishing to buy a piece of land, should borrow some part of the sum required of another, may not he who lends the money receive some part of the revenues of the farm until the principal shall be repaid? Many such cases daily occur in which, as far as equity is concerned, usury is no worse than purchase. Nor will that subtle argument [122] of Aristotle avail, that usury is unnatural, because money is barren and does not beget money; for such a cheat as I have spoken of, might make much profit by trading with another man's money, and the purchaser of the farm might in the meantime reap and gather his vintage. But those who think differently, may object, that we must abide by God's judgment, when He generally prohibits all usury to His people. I reply, that the question is only as to the poor, and consequently, if we have to do with the rich, that usury is freely permitted; because the Lawgiver, in alluding to one thing, seems not to condemn another, concerning which He is silent. If again they object that usurers are absolutely condemned by David and Ezekiel, (Psalm 15:5; Ezekiel 18:13,) I think that their declarations ought to be judged of by the rule of charity; and therefore that only those unjust exactions are condemned whereby the creditor, losing' sight of equity, burdens and oppresses his debtor. I should, indeed, be unwilling to take usury under my patronage, and I wish the name itself were banished from the world; but I do not dare to pronounce upon so important a point more than God's words convey. It is abundantly clear that the ancient people were prohibited from usury, but we must needs confess that this was a part of their political constitution. Hence it follows, that usury is not now unlawful, except in so far as it contravenes equity and brotherly union. Let each one, then, place himself before God's judgment-seat, and not do to his neighbor what he would not have done to himself, from whence a sure and infallible decision may be come to. To exercise the trade of usury, since heathen writers accounted it amongst disgraceful and base modes of gain, is much less tolerable among the children of God; but in what cases, and how far it may be lawful to receive usury upon loans, the law of equity will better prescribe than any lengthened discussions. Let us now examine the words. In the first place, where we have translated the words, "Thou shalt not be to him as a usurer," [123] there is some ambiguity in the Hebrew word ns5, nashac, for it is sometimes used generally for to lend, without any ill meaning; but here it is undoubtedly applied to a usurer, who bites the poor; as also in Psalm 109:11, "Let the usurer catch all that he hath." [124] The sum is, that the poor are to be liberally aided, and not to be oppressed by harsh exactions: and therefore immediately afterwards it is added, "neither shalt thou lay upon him usury." When again He repeats, "And if thy brother be waxen poor," etc., we see that reference is everywhere made to the poor; because, although sometimes those who possess large properties are ruined by usury, (as Cicero says that certain luxurious and prodigal persons ill his days contended against usury with the fruits of their farms, because their creditors swallowed up the whole produce; [125] ) still the poor alone, who had…

Exodus 22:26, 27 26. If thou at all take thy neighbor's raiment to pledge, thou shalt deliver it unto him by that the sun goeth down: 26. Si in pignus acceperis vestimentum proximi tui, antequam occubuerit sol restitues illud ei. 27. For that is his covering only; it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious. 27. Quia ipsum solum est operimentum ejus, illud vestimentum ejus est cuti suae in quo dormiat, et erit quum clamaverit ad me, tunc exaudiam: sum enim misericors.

Exodus 22:28 28. Thou shalt not revile the gods, nor curse the ruler of thy people. 28. Diis non detrahes, et principi populi tui non maledices. Thou shalt not revile the gods. These four passages confirm what I have said, that in the: Fifth Commandment are comprised, by synecdoche all superiors in authority.: For it was not the design of God to add to the Two Tables, as if something better and more perfect had afterwards come into His mind; which it is sinful to suppose. He was therefore content with the rule once laid down, although He afterwards spoke in a more explanatory manner. But the precepts here given would be unconnected with the Law, if they were not an adjunct, and therefore a part, of the Fifth Commandment. First of all, He commands that we should think and speak reverently of judges, and others, who exercise the office of magistrate: nor is it to be questioned, that, in the ordinary idiom of the Hebrew language, He repeats the same thing twice over; and consequently that the same persons are called "gods," and "rulers of the people." The name of God is, figuratively indeed, but most reasonably, applied to magistrates, upon whom, as the ministers of His authority, He has inscribed a mark of His glory. For, as we have seen that honor is due to fathers, because God has associated them with Himself in the possession of the name, so also here His own dignity is claimed for judges, in order that the people may reverence them, because they are God's representatives, as His lieutenants, and vicars. And so Christ, the surest expositor, explains it, when He quotes the passage from Psalm 82:6, "I have said, Ye are gods, and all of you are children of the Most High," (John 10:34,) viz., "that they are called gods, unto whom the word of God came," which is to be understood not of the general instruction addressed to all God's children, but of the special command to rule. It is a signal exaltation of magistrates, that God should not only count them in the place of parents, but present them to us dignified by His own name; whence also it clearly appears that they are not to be obeyed only from fear of punishment, "but also for conscience sake," (Romans 13:5,) and to be reverently honored, lest God should be despised in them. If any should object, that it would be wrong to praise the vices of those whom we perceive to abuse their power; the answer is easy, that although judges are to be borne with even if they be not the best, [13] still that the honor with which they are invested, is not a covering for vice. Nor does God command us to applaud their faults, but that the people should rather deplore them in silent sorrow, than raise disturbances in a licentious and seditious spirit, and so subvert political government. Footnotes: [13] "Encore qu'ils ne sont pas tels qu'ils devroyent;" even though they be not what they should. -- Fr.

Exodus 22:29 29. Thou shalt not delay to offer the first of thy ripe-fruits, and of thy liquors. 29. Plenitudinem tuam et lachrymam tuam non differes. 29. Thou shalt not delay. We may gather from this passage that the first-fruits were offered, to the end that the Israelites should devote themselves and their possessions to God; for Moses enjoins these two things in conjunction, that they should not delay to consecrate to God of the abundance of their fresh fruits, and their first-born. But we know that, in offering the first-born, the recollection of their deliverance was revived, by the acknowledgment of the preservation of their race, and of their cattle. And there was, moreover, added to the grace of their redemption, the continual supply of food to them from day to day. I do not assent to their opinion who restrict the word fullness [339] to wine, because it flows more abundantly from the press, and take the word tear [340] to mean oil, because it runs less freely; nor do I approve of their notion who apply fullness only to dry fruits. It seems to me more proper to take fullness as the generic term, whilst tear is taken to denote liquids, as if Moses commanded them not only to offer grapes, and olive-berries, but the very drops which were expressed from the fruit. The other passages confirm this command, that they should not defraud God of the first-fruits, and so bury the remembrance of their redemption, and profane themselves in their very eating and drinking, but rather by this portion of the fruits sanctify the food of the whole year. Nor is it causelessly that Moses so often inculcates a point by no means obscure, since all these admonitions were despised and neglected by the Jews, as soon as they had returned from the Babylonish captivity, as Malachi complains in his third chapter. Footnotes: [339] Vide margin, -- A. V. [340] Vide margin, -- A. V.

Exodus 22:30 30. Likewise shalt thou do with thine oxen, and with thy sheep: seven days it shall be with his dam; on the eighth day thou shalt give it me. 30. Erit primogenitum animal septem diebus cum matre sua: die autem octavo dabitis illud mihi.

Exodus 22:31 31. And ye shall be holy men unto me: neither shall ye eat any flesh that is torn of beasts in the field; ye shall cast it to the dogs. 31. Viri sancti eritis mihi: carnem in agro raptam non comedetis, cani projicietis eam.

If thou at all take thy neighbour's raiment to pledge, &c.--From the nature of the case, this is the description of a poor man. No Orientals undress, but, merely throwing off their turbans and some of their heavy outer garments, they sleep in the clothes which they wear during the day. The bed of the poor is usually nothing else than a mat; and, in winter, they cover themselves with a cloak--a practice which forms the ground or reason of the humane and merciful law respecting the pawned coat.

gods--a word which is several times in this chapter rendered "judges" or magistrates. the ruler of thy people--and the chief magistrate who was also the high priest, at least in the time of Paul (Act 23:1-5). Next: Exodus Chapter 23

And if a man entice a maid, that is not betrothed,.... For one might be betrothed according to the custom of those times, and not be married, or the nuptials consummated, and so be yet a maid or virgin; but being betrothed, it made the case different, because such an one was as a wife to a man: but the case here supposed is of a maid not betrothed, and also not forced, but yielding to the solicitations of a man, as is implied by her being enticed; which signifies his gaining upon her affections, and obtaining her consent by expressing strong affection for her, and making large promises to her, and so both by words and gestures prevailing with her to yield to his desire: and lie with her; in a way of carnal copulation; and such an action between two single persons, by consent, is what is called simple fornication: if this was done in a field, the maid was supposed to be forced, since there she might cry out, and not be heard; but if in a city, she is supposed to be enticed, and consent, since if she cried out she might be heard; this the Jewish writers gather from Deuteronomy 22:23, though the law there respects a betrothed damsel: he shall surely endow her to be his wife; give her a dowry in order to be his wife, or, however, such an one as he would or must give if she became his wife, even one suitable to her rank and dignity, whether he married her or not; for he was not obliged to it whether he would or not, and in some cases could not if he would, as follows.

If her father utterly refuse to give her unto him,.... For wife, either because of his character, family, or circumstances; or, however, being disagreeable to him on one account or another, and therefore will by no means agree to marry his daughter to him, and not only give him an absolute denial, but resolutely persist in it: the Targum of Jonathan has it,"if it seems not good to him;''if he do not like nor choose to marry her; and some add also, if she herself do not approve of marrying him: he shall pay money according to the dowry of virgins; as virgins on marriage have usually given them, according to their rank and dignity: here is no sum fixed, but the Targum of Jonathan is,"he shall be mulcted in fifty shekels of silver,''which is taken from Deuteronomy 22:29 though that seems to be not altogether a like case with this; for though it respects a virgin not betrothed, as here, yet one that has been forced, and therefore the man was obliged to marry her, and never put her away; and the mulct or fine was to be paid to the damsel's father and not to her: the Septuagint version here says, it was to be paid to the father.

Thou shall not suffer a witch to live. Such that had familiar spirits, and conversed with them, and by means thereof got knowledge of many things relating to persons, at least pretending they did; and who did or seemed to do many strange and surprising feats, as even to raise the spirits of departed persons, to converse with them and gain knowledge by them, though in reality they did not, and could not do such things, but used some juggling tricks to deceive the people, and in which they might be assisted by evil spirits; as appears from the case of the witch of Endor, who was surprised at the appearance of Samuel, it being out of the ordinary course of her art and practice really to bring up the spirit of a man deceased, whatever pretensions might be made to it; however, such being deceivers of the people, and leading them into unwarrantable practices, and off of a dependence on God and his providence, and from seeking to him, and asking counsel of him, they are by this law condemned to death, such an one was not to be suffered to live; not that it was lawful for anybody to kill her, or that any private person might or must do it that knew her, or took her to be a witch; but she was to be had before a court of judicature and tried there, and, if found guilty, to be put to death by the civil magistrate: so Jarchi's note is,"but she shall die by the house of judgment;''or the sanhedrim; for these words are spoken to Moses the chief judge, and to those that were under him, and succeeded him and them; though the Targum of Jonathan prefaces them thus:"and my people, the children of Israel, thou shalt not, &c.''and though only a witch is mentioned, or this is only expressed in the feminine gender, because a multitude of this sort of people were found among women, as Ben Melech observes, and so Aben Ezra; yet wizards, or men that dealt with familiar spirits, are included; and it may be reasonably concluded from hence, that if women, who generally have more mercy and compassion shown them, yet were not suffered to live when found criminal in this way, then much less men: and this law is thought by some to follow upon the other, concerning enticing and lying with a virgin not betrothed; because such sort of persons were made use of to entice and decoy maids to gratify the lusts of men.

In like manner as a man and woman, by carnal copulation; this is a crime so detestable and abominable, so shocking and dishonourable to human nature, that one would think it could never be committed by any of the human species, and that there was no occasion for making a law against it; but, such is the depravity and corruption of mankind, that divine wisdom saw it necessary, and, to deter from it, made it death, as follows; such an one shall surely be put to death; no mercy shown him, no pardon or respite given him by the civil magistrate: according to the Targum of Jonathan, the death of such a person was by stoning, for it paraphrases the words,"he shall be killed with the casting of stones.''

He that sacrificeth unto any god,.... To Elohim, to strange gods, to the idols of the people, as the Targum of Jonathan; to the Egyptian deities, to the gods of the Moabites, Amorites, Edomites, Canaanites, Philistines, or any other: Aben Ezra says the word Elohim comprehends angels; and by the exceptive clause it is plain it takes in all that had been, were, or ever would be the objects of idolatrous worship, especially the sun, moon, and stars, the principal objects of worship in those days: save unto the Lord only; the true and living God; Jehovah, the self-existent, immutable, and eternal Being; the Creator of all things, the possessor of heaven and earth, the most high God, and the only one: sacrificing takes in all the acts of service performed to an idol as to the true God, as offering incense, pouring out a libation, as well as slaying and burning an animal as Jarchi observes: he shall be utterly destroyed; be accursed, anathematized, devoted to destruction, as the word used signifies: the Targum of Jonathan is,"he shall be killed with the sword, and his goods consumed,''not only lose his life but his substance, and so be destroyed in body and estate.

Thou shall not vex a stranger,.... One that is not born in the same country, but comes into another country to sojourn, as Jarchi; not a native of the place, but of another kingdom or country; a stranger to the commonwealth of Israel, that is only in it for a time on trade and business, or through one providence or another; or else a proselyte is meant, not a proselyte of righteousness, who has embraced the true religion; but a proselyte of the gate, that takes upon him the commands of the sons of Noah; or, as Aben Ezra here expresses it, who takes upon him not to serve idols; such were allowed to dwell among the Israelites, and they were to carry it friendly and kindly to them, and "not vex" them, nor irritate them with words, as the Targum of Jonathan, and so Jarchi; by calling them names, Gentiles, uncircumcised persons, and the like; upbraiding them with their country, ignorance, and manner of life; they were not to say to a proselyte, as Ben Melech observes, remember thy former works; or, if the son of a proselyte, remember thy father's works: nor oppress him; by taking his goods, as the above Targum, and so Jarchi; by refusing to assist him with advice or otherwise, to trade with him, or to give him lodging, and furnish him with the necessaries of life: for ye were strangers in the land of Egypt: out of which they were but just come, and therefore such a reason must be very striking and moving upon them: the Targum of Jonathan prefaces it,"and my people, the house of Israel, remember that ye were strangers, &c.''this they could not have forgot in so short a time, and the remembrance of this should move their compassion to strangers hereafter, when they came to settle in their own land; and therefore, as they would that men should have done to them when in such circumstances, the same they should do to others; and besides, the remembrance of this would serve to abate their pride and vanity, and their overbearing disposition.

Ye shall not afflict any widow or fatherless child. Who have no friends, husband, or father to be on their side and protect them, and are weak and helpless to defend themselves, and therefore it must be barbarous to do them any injury, either to their persons or property; no one ought to be afflicted and distressed by another, either in body or mind, or substance, and especially such as have no helper, not any to assist them and sympathize with them; for this is a law for every man, as Jarchi observes, is binding upon all; only the Scripture speaks of these, because of their weakness, and because they are more frequently afflicted than others, cruel and unmerciful men taking the advantage of their inability to defend themselves.

If thou afflict them in any wise,..... In any way, or by any means whatever; their minds, by reproaches, censures, insults, and their bodies by stripes, false imprisonment, &c. and in their substance, by withholding from them what belongs to them, taking what they have, or cheating and defrauding them in any respect; or, "in afflicting afflict them" (e); afflict them much, and continue to do so: and they cry at all unto me; in prayer, as the Targum of Jonathan; or, "in crying cry" (f); cry vehemently, or importunately, and with constancy, or rather, cry ever so little: I will surely hear their cry; the voice of their prayer, as the same Targum; or, "in hearing I will hear" (g); will certainly take notice of their cries, and return an answer to them, by appearing on their side, and avenging their injuries; for God is the Father of the fatherless, and the husband of the widow, and the Judge of them both: the manner of speaking or form of expression is the same in all these clauses, the words being doubled. (e) "affligendo afflixeris", Pagninus, Piscator, Ainsworth, Montanus, Junius & Tremellius. (f) "clamando clamaverit", Pagninus, Montanus, Piscator, Ainsworth. (g) "audiendo audiam", Pagninus, Montanus, Piscator, Ainsworth.

And my wrath shall wax hot,.... Against those that afflict them, being so devoid of humanity, compassion, and tenderness, and so guilty of oppression and injustice, which are aggravated by the circumstances of the persons they ill treat, and therefore the more provoking to God: and I will kill you with the sword; with the sword of death, says the Targum of Jonathan; it designs one of God's sore judgments, the sword of an enemy; the meaning is, that when such evils should become frequent among them, God would suffer a neighbouring nation to break in upon them in an hostile way, and put them to the sword; hence it follows: and your wives shall be widows, and your children fatherless; be in the same circumstances with those they have injured, and therefore should consider not only the destruction that would come upon themselves, being cutoff by the sword, but the case of their families; and how, could they be sensible of it, they would like to have their wives and children used as they have used the widows and fatherless.

If thou lend money to any of my people that is poor by thee, Such only need to borrow money, and to whom it should be freely lent, when it may be to the good of the borrower, and not any injury to the lender: this law, according to the Jewish writers, only respects Israelites, and not Gentiles; agreeably to which is Jarchi's note,"if thou lend, that is, not to a Gentile; and to which of my people? the poor, and to which of the poor? that is with thee:" thou shalt not be to him as an usurer; that will not lend without usury, nor without an exorbitant interest, and deals very hardly with the borrower if he is not punctual in the payment of it; the Israelites were not only not to be usurers, but they were not to be like them; they were not to require anything for lending a poor man a little money; as not any settled interest, so neither were they to take any previous gift or reward later, see Luke 6:34. neither shalt thou lay upon him usury; or oblige him to give interest for money borrowed: it is in the plural, number, "neither shall ye lay"; and Aben Ezra observes, that the lender, scribe, and witness, all transgress this law; that is, when a man lends money on interest, and a bond is made by the scribe for it, and this signed by witnesses, all are guilty of the breach of it: yea, some Jewish writers (h) say, not only those, but whoever is a surety or bondsman for the payment, and even the borrower himself; see Gill on Psalm 15:5. (h) Misn. Bava Metzia, c. 5. sect. 11. Maimon. & Bartenora in ib.

If thou at all take thy neighbour's raiment to pledge,.... So that it seems that the lender, though he might not impose usury on the borrower, or oblige him to pay interest for what he lent him, yet for the security of his money he might take his clothes, either his bed clothes or wearing apparel, or any instruments or goods of his; but when he did, he was bound to what follows: thou shalt deliver it to him by that the sun goeth down; the reason of which appears in the next verse, with respect to his bed clothes, should that be the pledge: but Jarchi interprets it, not of his nocturnal clothes, but of his apparel in the daytime, and paraphrases it thus,"all the day thou shalt restore it to him until the setting of the sun; and when the sun is set, thou shalt return and take it until the morning of the morrow comes; the Scripture speaks of the covering of the day, of which there is no need at night;''but rather night clothes are meant by what follows.

For that is his covering only,.... All that he has to cover him, the only covering he has when he lies down to sleep; and therefore should be restored to him by the time of sunset, at which time he returns from his labour; and after some refreshment retires to his bed for rest, when his covering will be necessary: it is his raiment for his skin; which is next to his skin, and covers his naked body, as it is when he lies down to sleep; and therefore if not returned, he must lie naked without any covering, which to deprive him of would be cruel: Jarchi interprets this covering of his shirt, but it rather means his bed clothes: the Septuagint version calls it the clothes of his shame, what cover and hide the shame of nakedness: wherein shall he sleep? what shall he have to sleep in if this is detained from him? nothing at all; or it may be read without an interrogation, wherein he should sleep, or was used to sleep: and it shall come to pass, when he crieth unto me; and complains of ill usage, that he has nothing to cover him in the night season, when he lies down to sleep, which is very uncomfortable, as well as unhealthful and dangerous: that I will hear; his cry and complaint, take notice of it, and resent the usage of him: for I am gracious; or merciful; and therefore everything cruel and uncompassionate is disagreeable, and even abominable to him, and he will take care in his providence that the injured person shall be redressed and the injurer punished.

Thou shalt not revile the gods,.... Meaning not the idols of the Gentiles, which they reckon gods, and worship as such; which is the sense of Philo, and some others, particularly Josephus (i), who, to curry favour with the Roman emperors given to idolatry, has from hence inserted the following among the laws given to Moses;"let no man blaspheme the gods, which other cities think are such, nor rob strange sacred places, nor receive a gift dedicated to any deity;''but this cannot be the sense of the text, being contrary to Deuteronomy 12:2 nor can it be thought that care should be taken, lest the honour of the Heathen deities should be detracted from; but civil magistrates, the judges of the land, and the like, are meant, who are powers ordained of God, are in his stead, and represent him, and therefore respect should be shown them; nor should they be treated with any degree of slight and contempt, which may discourage and intimidate them, and deter them from the execution of their office: the Targum of Jonathan interprets them of judges very rightly, agreeably to Psalm 82:1 and so Aben Ezra says,"they are the judges and the priests, the sons of Levi, with whom the law is:" nor curse the ruler of thy people whether civil or ecclesiastic; the last mentioned Jewish writer intend of the king, who is the supreme ruler in things civil, and ought to be honoured and loved, served and obeyed, and not hated and cursed, no, not secretly, not in the bedchamber, nor in the thought of the heart, since not only the thing is criminal but dangerous; it is much if it is not discovered, and then ruin follows upon it, Ecclesiastes 10:20. The Apostle Paul applies it to the high priest among the Jews, who was the ruler in sacred things, Acts 23:5 and may be applicable to the prince of the sanhedrim, or chief in the grand court of judicature; and even to all dignified persons, who ought not to be spoken ill of, and to be abused in the execution of their office, and especially when they perform well. (i) Antiqu. l. 4. c. 8. sect. 10. Contr. Apion. 1. 2. c. 33.

Thou shall not delay to offer the first of thy ripe fruits,.... Which, according to Maimonides (k), were of seven kinds only; for he says,"they do not bring the firstfruits, but of the seven kinds, said in the praise of the land, (the land of Canaan), Deuteronomy 8:8 and they are wheat, barley, grapes, figs, pomegranates, olives, and dates;''and how much of these were to be offered is not fixed by the law, but were left to the generosity of the people: the above mentioned writer asks (l),"what measure do the wise men set? a good eye (or a bountiful man) brings one of forty (or the fortieth part of his fruits); a middling one (one that is neither liberal nor niggardly) brings one of fifty (or the fiftieth part); and an evil one (a covetous man) one of sixty (or the sixtieth part), but never less than that.''Now this was not to be delayed, but to be brought as soon and as early as could be: the Jewish writers seem to understand this of postponing things, or inverting the order of them, bringing that first which should be last, and that last which should be first; so Jarchi interprets it,"thou shall not change the order of their separation, to postpone that which should be first, and to put before that which should be last; for the first oblation should not be brought before the firstfruits, and the tithes before the first oblation.''And thus runs one of their canons or traditions (m),"if anyone brings the first oblation before the firstfruits, the first tithe before the first oblation, the second tithe before the first, it is as if he transgressed a negative precept: "thou shalt not delay or postpone", &c. Exodus 22:29' And of thy liquors: and these, according to Maimonides (n), were only the firstfruits of liquors of olives and grapes: the firstborn of thy sons thou shall give unto me; which is a repetition of the law. See Gill on Exodus 13:2. (k) Hilchot Biccurim, c. 2. sect. 2.((l) Hilchot Trumot, c. 3. sect. 2.((m) Misn. Trumot, c. 3. sect. 6. (n) Biccurim, ut supra. (k))

Likewise shalt thou do with thine oxen, and with thy sheep,.... That is, with the firstborn, which were to be set apart to the Lord; and so the Targum of Jonathan paraphrases it,"the firstborn of thine oxen, and of thy sheep;''for having spoken of the firstborn of men, the Scripture proceeds to speak of the firstborn of cattle, great and small, the separation of which was enjoined in one and the same precept, Exodus 13:2, seven days it shall be with his dam; whether it be a calf or a lamb; before it was seven days old it was not to be taken from it, and given to the Lord: on the eighth day thou shall give it me; that is, they might do it then, but not before; yet they were not obliged to bring it exactly on that day, but they might do it any time within the month, and at a month's end they were obliged to redeem it, that is, give the priest the sum of five shekels for it, Numbers 18:16. The Jewish canon runs thus (n);"how long are Israelites bound for the bringing of the firstborn, i.e. before they offer it to the priest? in small cattle thirty days, in large cattle fifty days.'' (n) Misn. Becorot, c. 4. sect. 1.

And ye shall be holy men unto me,.... They were so by God's act of election, not special and particular, but general and national; choosing and separating them to be an holy people to him, above all the people on the face of the earth, and in a ceremonial sense they observing laws and appointments of God of this kind; which is the sense here intended, as appears by what follows: all men, and so these Israelites, ought to be holy in a moral sense, and some are holy in a spiritual and evangelical sense, being made holy by the Spirit of God; of these the Apostle Peter speaks, in allusion to this, and such like passages, 1 Peter 2:9. neither shall ye eat any flesh that is torn of beasts in the field; or in the house, as Jarchi notes; but the Scripture, as he observes, speaks of the place where it is more usual for beasts to tear, and so Aben Ezra; otherwise what is torn elsewhere, or by whatsoever accident it is bruised and maimed, was not to be eaten: ye shall cast it to the dogs: for even a stranger was not to eat of it, or if he did he was unclean, and was obliged to wash his clothes, and bathe himself, Leviticus 17:15 and yet Jarchi interprets this figuratively of such as are like dogs, meaning the Gentiles, whom the Jews used to call so, see Matthew 15:26. An Heathen poet gives instructions perfectly agreeable to this law;"do not (says he) eat flesh fed upon by beasts, but leave the remains to the swift dogs (o).'' (o) &c. Phocylides, ver. 136, 137.

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.

Exodus 23:1, 2, 7 1. Thou shalt not raise a false report: put not thine hand with the wicked to be an unrighteous witness. 1. Non suscipies vocem mendacii, neque adjicias manum tuam impio ut sis testis mendax. 2. Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to decline after many to wrest judgment 2. Non eris post multos ad mala, neque respondebis in causa, ut declines post multos ad pervertendum. 7. Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked. 7. A sermone mendacii longe aberis: nec occides innocentem et justum: quia non justificabo impium. 1. Thou shalt not receive (margin) a false report. It might also be translated, Thou shalt not raise, or stir up: and, if this be preferred, God forbids us to invent calumnies; but, if we read, Thou shalt not receive, He will go further, i e., that none should cherish, or confirm the lie of another by his support of it. For it has been stated that sin may thus be committed in two ways: either when the wicked invent false accusations, or when other over-credulous persons eagerly associate themselves with them; and thus either sense would be very applicable, that the original authors are condemned, who raise a false report, or those who help on their wickedness, and give it, as it were, their endorsement. But, since it immediately follows, "put not thine hand with" them, I willingly embrace the version, "Thou shalt not receive," in order that the two clauses may combine the better. Indeed Moses uses this word with great propriety, for a lie would soon come to nothing from its own emptiness, and fall to the ground, if it were not taken up and supported by the unrighteous consent of others. God, therefore, recalls His people from this wicked conspiracy, [167] lest by their assistance they should spread abroad false accusations; and calls those false witnesses who traduce their neighbors by lending their hand to the ungodly: because there is but little difference between raising a calumny and keeping it up. If it be thought preferable to restrict the second verse to judges, it would be a Supplement to the Sixth Commandment as well as the Eighth, viz., that none should willingly give way to the unjust opinions of others, which might affect either the means or the life of an innocent person. But, inasmuch as the error of those who are too credulous is reproved by it, whence it arises that falsehood prevails, and calumniators throw what is clear into obscurity, it finds a fit place here. [168] 7. Keep thee far from a false matter. Since he seems to speak of perjury, which brings about the death of the innocent, some might perhaps prefer that this passage should be annexed to the Sixth Commandment; but this is easily solved; for Moses is expressly condemning false-witness, and at the same time instances one case of it, whereby it may appear how detestable a crime it is, viz., the slaying of a brother by calumny, because the false witness rather kills him with his tongue than the executioner with his sword. Although, therefore, it is a gross act of inhumanity to lie in general against one's brother, yet is its atrocity increased if he be put to death by perjury; because murder is thus combined with perfidy. A threat follows, whereby God summons false-witnesses before His tribunal, where they who have brought the good into peril by their falsehoods shall not escape with impunity. Footnotes: [167] "De s'accoupler avecques les malins et les menteurs pour diffamer le prochain;" of associating themselves with the malicious and with liars to defame their neighbor. -- Fr. [168] "Ceste sentence doit estre comprinse aussi bien sous les faux tesmoignages;" this declaration ought to be comprised under the head of false testimony. -- Fr.

Exodus 23:3, 6 3. Neither shalt thou countenance a poor man in his cause. 3. Pauperem non honorabis ex sua causa. 6. Thou shalt not wrest the judgment of thy poor in his cause. 6. Non inflectes judicium pauperis tui in lite ejus. 6. Thou shalt not wrest the judgment of thy poor. Since laws are enacted to repress the vices which are of frequent occurrence, no wonder that God should put forward the case of the poor, to whom it often happens that they fail though their causes are good, both because they are without interest and are exposed to injury through the contempt in which they are held, and also because they cannot contend with the rich in incurring expense. Justly, then, is provision made for their inferiority, lest the iniquity of judges should rob them of the little they possess. But the other point here referred to might appear superfluous, viz., that judges should not favor the poor, which very rarely takes place. It would also be incongruous that what God elsewhere prescribes and praises should here be reprehended. I reply, that rectitude is so greatly pleasing to God, that the judge would in no wise be excusable, under whatever pretext he might decline from it ever so little, and that this is the intention of this precept. For, although the poor is for the most part tyrannically oppressed, still ambition will sometimes impel a judge to misplaced compassion, so that he is liberal at another's expense. And this temptation is all the more dangerous, because injustice is done under the cloak of virtue. For, if a judge only directs his attention to the poverty of the litigant, a foolish fear will at the same time insinuate itself lest his sentence should ruin the man whom he would wish to save; thus he will award to the one what belongs to the other. Sometimes the temerity, audacity, and obstinacy of the poor in commencing and prosecuting suits is greater than that of the rich; and when they despair of their cause, they are sure to have recourse to tears and lamentations, by which they deceive incautious judges, who, forgetful of the cause itself, only consider how their misery and want is to be relieved. Besides, too, whilst they think little of the rich man's loss, because he can easily bear it, they make no scruple of declining from equity in favor of the poor. But hence it better appears how greatly God is offended by the oppression of the poor, when He will not have even them befriended to the injury of the rich.

Exodus 23:4 4. If thou meet thine enemy's ox or his ass going astray, thou shalt surely bring it back to him again. 4. Si occurreris bovi inimici tui, et asino ejus erranti, reducendo reduces ad illum. If thou meet thine enemy's ox. From these two passages it is very clear that he who abstains from evil doing, is not therefore guiltless before God, unless he also studies to do good. For our brethren's advantage ought to be so far our care, that we should be disposed mutually to aid each other as far as our means and opportunities permit. This instruction is greatly needed; because, whilst everybody is more attentive to his own advantage than he ought to be, he is willing to hold back from the assistance of others. But God brings him in guilty of theft who has injured his neighbors by his negligence; and justly, because it depended only upon him that the thing should be safe, which he knowingly and willfully suffered to perish. This duty, too, is extended even to enemies; wherefore our inhumanity is the more inexcusable, if we have not helped our friends. The sum therefore is, that believers should be kind, [127] that they may imitate their heavenly Father; and should not only bestow their labor upon the good, who are worthy of it, but should treat the unworthy also with kindness: and since many might invent means of subterfuge, God anticipates them, and commands that the beast of a person unknown should be kept until reclaimed by its owner; and lays down the same rule as to all things that may be lost. Footnotes: [127] "Soyent pitoyables, et humains pour faire plaisir a chacun;" should be pitiful and humane, to show kindness to all. -- Fr.

Exodus 23:5 5. If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him; thou shalt surely help with him. 5. Si videris asinum inimici tui decumbentem sub onere suo, et cessaveris ab auxiliando ei, auxiliaudo auxiliaberis cum eo.

Exodus 23:8 8. And thou shalt take no gift: for the gift blindeth the wise, and perverteth the words of the righteous. 8. Ne accipias munus: quia munus excaecat videntes, et pervertit verba justorum. Exodus 23:8And thou shalt take no gift. This kind of theft is the worst of all, when judges are corrupted either by bribes, or by affection, and thus ruin the fortunes which they ought to protect: for, since their tribunal is as it were sacred asylum, to which those who are unjustly oppressed may fly, nothing can be more unseemly than that they should there fall amongst robbers. [129] Judges are appointed to repress all wrongs and offenses; if therefore they show favor to the wicked, they are harborers of thieves; than which there is no more deadly pest. And besides, since their authority excludes every other remedy, they are themselves like rob-hers with arms in their hands. The greater, therefore, their power of injury is, and the greater the damage committed by their unjust sentences, the more diligently are they to be warned to beware of iniquity; and thus it was necessary to keep them in the path of duty by special instructions, lest they should conceal and encourage thievery by their patronage. Now, as avarice is the root of all evils, when it thus lays hold of the minds of judges, no integrity can continue to exist. But, since all utterly condemn this vice, even though they may be entirely under its influence, God speaks of it the more plainly and popularly, enjoining that judges should withhold their hands from every gift: for there is no more fatal poison for the extinction of all uprightness, than when a judge suffers himself to be cajoled by gifts. Let those who accept gifts allege as much as they please that they still maintain their integrity, the fact itself clearly shows that they are venal, and seek their own pecuniary advantage when they are thus attracted by gain. Formerly it was enough to render judges infamous that they were called nummarii, (moneyers.) [130] But it is superfluous to treat any further of this matter, since God cuts off all handles for subterfuge in a single sentence: "for gifts (He says) blind the eyes of him that seeth, and pervert the judgment of the righteous." If, then, we acquiesce in His decision, there is no light of intelligence so bright but that gifts extinguish it, nor any probity so great but that they undermine it; in fact, gifts infect a sound mind before they soil the hand; I mean those which a person receives in reference to the judgment of a cause; for there is no question here as to those gifts of mutual kindness which men reciprocate with each other. Thus, in the passage from Deuteronomy 16, before God speaks of gifts, He forbids that justice should be wrested., or men's persons respected: whence we gather, that only those snares are condemned which are set to curry favor. It must be observed on the passage from Leviticus, that to judge in righteousness is contrasted with respecting the person: and consequently, as soon as the judge turns away his eyes ever so little from the cause itself, he forgets equity. Moreover, to wrest judgment is equivalent to doing iniquity in judgment; but since injustice is not always openly manifested, but rather disguised by various artifices, after God in Leviticus has condemned corrupt and unjust judgments, He uses this word to wrest (inclinandi), in Deuteronomy, in order to dissipate all vain pretexts. Footnotes: [129] "Il n'y a rien plus enorme, que d'en faire une caverne de brigans;" there is nothing more enormous than to make a den of robbers of it. -- Fr. [130] Fr. "Et de faict, ce titre la suffit entre les payens pour diffamer les juges, de les appeler argentiers;" and, in fact, this title sufficed among the heathen to bring their judges into disrepute, to call them argentiers. See Cic. Ep. in Att. 1:16, "Insectandis vero, exagitandisque nummariis judicibus." Item, Verr. 5:57, et pro Cluent., 36.

countenance--adorn, embellish--thou shalt not varnish the cause even of a poor man to give it a better coloring than it merits.

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.

Thou shalt not follow a multitude to do evil,.... The Targums of Jerusalem and Jonathan add, but to do good. As in private life, the examples of the many, who are generally the most wicked, are not to be followed, though they too often are; examples, and especially of the multitude, having great influence, and therefore to be guarded against; so in public courts of judicature, where there are many judges upon the bench, if one of them is sensible that the greater part go wrong in their judgment of a case, he ought not to follow them, or be influenced by them, but go according to the dictates of his own conscience, and the evidence of things as they appear to him, and neither agree to justify the wicked, nor condemn the righteous: neither shall thou speak in a cause to decline after many to wrest judgment; or "thou shalt not answer" (r); either in pleading in a cause, and taking the side of it the majority is on, and for that reason, though it is a manifest perversion of justice; or by giving a vote on that side, and on that account, whereby a wrong judgment passes; and this vote given either according to the number of witnesses, which ought not always to be the rule of judgment; for it is not the number of witnesses, but the nature, evidence, and circumstances of their testimony, that are to be regarded: Jarchi says, in judgments of life and death, they go after the mouth of one witness to absolve, and after the mouth of two to condemn: or according to the number of judges on the bench, and their superiority in years and knowledge; and so some render the word, "after the great ones" (s); for a judge is not to be influenced by names or numbers in giving his vote, but to judge according to the truth of things, as they appear to him: hence the Jews say, that the younger or puisne judges used to be asked their judgment first, that they might not be influenced by others superior to them; and a like method is taken with us in the trial of a peer, the younger lords always giving their opinion first: as to the number of votes by which a cause was carried in court, it is said (t), not as the decline to good, is the decline to evil; the decline to good, i.e. to absolution, is by the sentence of one (a majority of one); the decline to evil, i.e. to condemnation, is by the mouth or sentence of two, a majority of two. (r) "neque respondeas", Tigurine version; "non respondebis", Pagninus, Montanus, Vatablus, Drusius. (s) "post potentiores", Junius & Tremellius; "post magnos", Lyra, Cartwright. (t) Misn. Sanhedrin, c. 1. sect. 6.

Neither shalt thou countenance a poor man in his cause. Because he is a poor man, and for that reason endeavour to carry his cause for him, right or wrong, from a foolish pity to him as a poor man, and from an affectation of gaining the applause of people on that account; or "thou shalt not honour" or "adorn" a poor man (u), by a set speech in favour of his cause, though wrong, dressed up in the best manner, and set off with all the colourings of art, to make it appear in the most plausible manner; the law is against respect of persons, as not the person of the rich, so neither is the person of the poor to be accepted, but the justice of their cause is to be regarded; so the Targum of Jonathan,"the poor that is guilty in his judgment or cause, his face (or person) thou shalt not accept to have pity on him, for no person is to be accepted in judgment.'' (u) "non honorabis", Pagninus, Vatablus, Drusius, Cartwright; "non decorabis", Montanus; "ne ornes", Tigurine version; "ne honorato", Junius & Tremellius; "ne ornato", Piscator.

If thou meet thine enemy's ox or his ass going astray,.... Or any other beast, as the Samaritan version adds; for these are only mentioned for instances, as being more common, and creatures subject to go astray; now when such as these are met going astray, so as to be in danger of being lost to the owner, though he is an enemy; or as the Targum of Jonathan,"whom thou hatest because of a sin, which thou alone knowest in him;''yet this was not so far to prejudice the finder of his beasts against him, as to be careless about them, to suffer them to go on without acquainting him with them, or returning them to him, as follows: thou shalt surely bring it back to him again; whether it be an ox, or an ass, or any other beast, the law is very strong and binding upon the finder to return it to his neighbour, though an enemy, and bring it either to his field or to his farm.

If thou see the ass of him that hateth thee lying under his burden,.... Fallen down, and such a burden upon him that he cannot rise up again, but lies under it, and the owner of it is not able of himself to raise it up again: and wouldst forbear to help him; show an inclination to pass on without giving him any assistance to get up his beast again; or "wouldst thou forbear to help him?" (w) as Jarchi, and others, read with an interrogation, could it be in thine heart to forbear helping him? couldest thou go on, and take no notice of him and his case, and not join him in endeavouring to get up his beast again, that he may proceed its his journey? canst thou be so cruel and hardhearted, though he is thine enemy? but if thou art, know this: thou shalt surely help with him; to get up his ass again: hence the Jewish canon runs thus (x),"if an ass is unloaded and loaded four or five times, a man is bound, i.e. to help, as it is said, "in helping thou shalt help"; if he (the owner) goes away, and sets himself down, seeing the command is upon thee, if it is thy will and pleasure to unload, unload, he is free; for it is said, with him; if he is an old man, or sick, he is bound, the command of the law is to unload, but not to load.''The words may be rendered, "in leaving thou shalt leave with him" (y); either leave or forsake thine enmity to help him, as Onkelos; or leave thy business, thou art about, to lend him an hand to raise up his beast again. (w) "num desines sublevare eum?" some in Vatablus; "cessabis auxitiari ei?" Drusius; "desines auxiliari ei?" Pagninus. (x) Misn. Bava Metzia, c. 2. sect. 10. (y) "Deserendo deseres cum eo", Montanus; so Ainsworth.

Thou shalt not wrest the judgment of thy poor in his cause. As the poor man was not to be favoured when his cause was bad through an affected pity for him as a poor man, so his judgment was not to be wrested or perverted, when his cause was good, because of his poverty; which is too often the case, through the power of rich men, and the prevalence of their gifts and bribes, and to curry favour with them: the phrase, "thy poor", is very emphatic, and intended to engage judges to regard them, as being of the same flesh and blood with them, of the same nation and religion; and who were particularly committed to their care and protection under God, who is the Judge and protector of the poor, of the widow and the fatherless.

Keep thee far from a false matter,.... Or "word" (z); from receiving a false testimony, or taking the false or wrong side of a cause, or engaging in a bad one; keep aloof off from it, as much at a distance from it as possible: and the innocent and the righteous slay thou not; that is, do not condemn them to death, nor join with the majority in their condemnation, if they appear to be innocent and righteous; nor give orders, or join in giving orders to the executioner to put such to death. The Targum of Jonathan is,"he that goes righteous out of the house of thy judgment (out of the sanhedrim, to which he belonged), and they find out his sin (afterwards), and he that goes out guilty, and they (afterwards) find out his righteousness, do not slay:" for I will not justify the wicked: the wicked judge in pronouncing an unjust sentence on innocent and righteous men, or if they absolve wicked men, at the same time they put to death the innocent and righteous, God will not justify those wicked men cleared by them, but will, in his own time and way, sooner or later, inflict the deserved punishment on them: this is not contrary to Romans 4:5 for though God justifies the ungodly, he does not justify ungodliness in them, or them in ungodliness, but from it, and that by the imputation of the righteousness of his Son. (z) "a verbo mendacii", Pagninus, Montanus, Vatablus, Drusius, Junius & Tremellius, Tigurine version, Fagius.

And thou shalt take no gift,.... Of the persons whose cause is to be tried in a court of judicature before judges; neither of those on the one side nor on the other, neither before the trial nor after, neither by words, by a promise, nor by facts, by actually receiving money; and not even to judge truly, as Jarchi observes, neither to clear the innocent nor to condemn the guilty: a gift was not to be taken on any consideration whatever: for the gift blindeth the wise; or the "seeing" (a); the open ones, who used to have both their eyes and their ears open, and attentive to the cause before them; and yet a gift so blinds them, by casting such a mist before them, that they are inattentive to the true merits of the cause, and their affections and judgments are to be carried away in favour of those that have bribed them, as to pass a wrong sentence: and perverteth the words of the righteous; either the sentences of righteous judges, as they ought to be, but a gift perverts their judgment, and they give a wrong decree; or the causes of the righteous that are brought before those are perverted by giving the cause to their adversaries, who are wicked men. (a) "videntes", Pagninus, Vatablus, Cartwright; "apertos", Montanus, Drusius.

Also thou shall not oppress a stranger,.... As these were not to be vexed and oppressed in a private manner and by private men, see Exodus 22:21 so neither in a public manner, and in a public court of judicature, or by judges on the bench when their cause was before them, by not doing them justice, showing a partiality to those of their own nation against a stranger; whereas a stranger ought to have equal justice done him as a native, and the utmost care should be taken that he has no injury done him, and the rather because he is a stranger: for ye know the heart of a stranger; the fears he is possessed of, the inward distress of his soul, the anxiety of his mind, the tenderness of his heart, the workings of his passions, his grief and sorrow, and dejection of spirit: the Targum of Jonathan is,""the groaning of the soul of a stranger": this the Israelitish judges knew, having had a very late experience of it:" seeing ye were strangers in the land of Egypt; where they had been vexed and oppressed, brought into hard bondage, and groaned under it; and therefore it might be reasonably thought and expected that they would have a heart sympathizing with strangers, and use them well, and especially see that justice was done them, and no injury or oppression of any kind.

decline--depart, deviate from the straight path of rectitude.