Deuteronomy 24:1–22

Deuteronomy 24:5 5. When a man hath taken a new wife, he shall not go out to war, neither shall he be charged with any business; but he shall be free at home one year, and shall cheer up his wife which he hath taken. 5. Quum quis acceperit uxorem novam, non egredietur ad bellum, neque injungetur ei munus: immunis erit in domo sua anno uno, et delectabit uxorem suam quam accepit. The immunity here given has for its object the awakening of that mutual love which may preserve the conjugal fidelity of husband and wife; for there is danger lest, if a husband departs from his wife immediately after marriage, the bride, before she has become thoroughly accustomed to him, should be too prone to fall in love with some one else. A similar danger affects the husband; for in war, and other expeditions, many things occur which tempt men to sin. God, therefore, would have the love of husband and wife fostered by their association for a whole year, that thus mutual confidence may be established between them, and they may afterwards continually beware of all incontinency. But that God should permit a bride to enjoy herself with her husband, affords no trifling proof of His indulgence. Assuredly, it cannot be but that the lust of the flesh must affect the connection of husband and wife with some amount of sin; yet God not only pardons it, but covers it with the veil of holy matrimony, lest that which is sinful in itself should be so imputed; nay, He spontaneously allows them to enjoy themselves. With this injunction corresponds what Paul says, "Let the husband render unto his wife due benevolence: and likewise also the wife unto the husband. Defraud ye not one the other, except it be with consent for a time, that ye may give yourselves to fasting and prayer." (1 Corinthians 7:3, 5.)

When a man hath taken a new wife, he shall not go out to war--This law of exemption was founded on good policy and was favorable to matrimony, as it afforded a full opportunity for the affections of the newly married pair being more firmly rooted, and it diminished or removed occasions for the divorces just mentioned.

When a man hath taken a wife and married her,.... That is, when a man has made choice of a woman for his wife, and has obtained her consent, and the consent of her parents; and has not only betrothed her, but taken her home, and consummated the marriage: and it come to pass that she find no favour in his eyes; is not agreeable to him, he takes no delight in her person, nor pleasure in her company and conversation; but, on the contrary, his affections are alienated from her, and he cannot bear the sight of her: because he hath found some uncleanness in her; something that he disliked, and was disagreeable to him, and which made their continuance together in the marriage state very uncomfortable; which led him on to be very ill-natured, severe, and cruel to her; so that her life was exposed to danger, or at least become very uneasy; in which case a divorce was permitted, both for the badness of the man's heart, and in favour of the woman, that she might be freed from such rigorous usage. This word "uncleanness" does not signify adultery, or any of the uncleannesses forbidden in Leviticus 18:6; because that was punishable with death, when it could be proved; and where there was only a suspicion of it, the husband might make use of the bitter water: though the house of Shammai seem to take it in this sense; for they say a man might not divorce his wife unless he found her in some unclean thing, something dishonest and wicked, and which they ground upon these words; but the house of Hillell say, if she burnt his food, or spoiled it by over salting, or over roasting it; and Akiba says, even if he found another woman more beautiful than her or more agreeable to him. But neither his sense, nor that of the house of Shammai, are approved of by the Jews in general, but that of the house of Hillell (m); and they suppose a man might divorce his wife for any ill qualities of mind in her, or for any ill or impudent behaviour of hers; as if her husband saw her go abroad with her head uncovered, and spinning in the streets, and so showing her naked arms to men; or having her garments slit on both sides; or washing in a bath with men, or where men use to wash, and talking with every man, and joking with young men; or her voice is sonorous and noisy; or any disease of body, as the leprosy, and the like; or any blemishes, as warts, are upon her; or any disagreeable smell that might arise from any parts of the body, from sweat, or a stinking breath (n): then let him write her a bill of divorcement; Jarchi says, this is a command upon him to divorce her, because she finds not favour in his eyes; and so the Jews (o) generally understand it, and so they did in the time of Christ, Matthew 19:7; whereas it was no more than a permission, for reasons before given. A man might not dismiss his wife by word of mouth, which might be done hastily, in a passion, of which he might soon repent; but by writing, which was to be drawn up in form; and, as the Targum of Jonathan, before the sanhedrim, in a court of judicature, which required time, during which he might think more of it, and either recede from his purpose before the case was finished, or do it upon mature deliberation; and a firm resolution. The Jews say (p) many things of the witnesses before whom it was to be written and sealed, and at what time, and upon what, and with what it was to be written, and who were proper persons to write it or not, in a treatise of theirs, called Gittin, or divorces. In the Hebrew text this bill is called "a bill of cutting off" (q); because the marriage was rescinded, and man and wife were cut off and separated from one another for ever; of the form of such a bill; see Gill on Matthew 5:31, and give it in her hand; which was to be done before witnesses, and which is one of the ten things requisite to a divorce (r); though it made no difference whether it was delivered by himself, or by a messenger; or whether to her, or to her deputy, appointed by her before witnesses; or whether it was put into her hand, or in her bosom, so be it that she was but possessed of it; with which agrees the Jewish canon,"if he casts a bill to his wife, and she is within the house, or within the court, she is divorced; if he casts it into her bosom, or into her work basket, she is divorced (s):" and send her out of his house; which was a visible token and public declaration of her divorce; besides, were she to be continued in his house afterwards, it would give suspicion of cohabitation, which after a divorce was not lawful. (m) Misn. Gittin, c. 9. sect. 10. & Maimon. & Bartenora in ib. (n) T. Bab. Gittin, fol. 90. 1. 2. Misn. Cetubot, c. 7. sect. 6, 7. & Maimon. & Bartenora in ib. (o) T. Bab. Gittin, ut supra. (n)) (p) Misn. Gittin, c. 2. sect. 2, 3, 4, 5. (q) "libellum excidii", Montanus, Fagius; "succisionis", Munster; "abscissionis", Tigurine version. (r) See Ainsworth in loc. (s) Misn. Gittin, c. 8. sect. 1.

And when she is departed out of his house,.... With her bill of divorce, by which departure out of his house it is notified to all: she may go and be other man's wife; it was permitted her to marry another man, she being by her divorce freed from the law of her former husband; and who indeed, in express words contained in the divorce, gave her leave so to do; which ran thus,"thou art in thine own hand, and hast power over thyself to go and marry any other man whom thou pleasest; and let no man hinder thee in my name, from this day forward and for ever; and, lo, thou art free to any man;''See Gill on Matthew 5:31.

And if the latter husband hate her,.... Or less loves her than another woman, and she is disliked by him as she was by her former husband: and write her a bill off divorcement, and giveth it into her hand, and sendeth her out of his house: as he had by this law a permission, in like manner as her former husband had; See Gill on Deuteronomy 24:1, or if her latter husband die, which took her to be his wife; and she survives him; as she is then by death loosed from the law of an husband, she may lawfully marry another man, but not her former husband, as follows.

Her former husband which sent her away may not take her again to be his wife,.... Though ever so desirous of it, and having heartily repented that he had put her away: this is the punishment of his fickleness and inconstancy, and was ordered to make men cautious how they put away their wives; since when they had so done, and they had been married to another, they could not enjoy them again even on the death of the second husband; yea, though she was only espoused to him, and he had never lain with her, as Ben Melech observes, it was forbidden the former husband to marry her; though if she had only played the whore, according to the same writer, and others (a), she might return to him: after that she is defiled; not by whoredom, for in that case she was not forbidden, as it is interpreted, but by her being married to another man; when she was defiled, not by him, or with respect to him, nor with regard to any other man, whom she might lawfully marry after the decease of her latter husband; but with respect to her first husband, being by her divorce from him, and by her marriage to another, entirely alienated and separated from him, and so prohibited to him; and thus R. Joseph Kimchi interprets this defilement of prohibition, things prohibited being reckoned unclean, or not lawful to be used: for that is abomination before the Lord; for a man to take his wife again, after she had been divorced by him, and married to another man; and yet, such is the grace and goodness of God to his backsliding people, that he receives them when they return unto him their first husband, and forsake other lovers, Jeremiah 3:1, and thou shalt not cause the land to sin which the Lord thy God giveth thee for an inheritance; since if this was allowed, that men might put away their wives, and take them again at pleasure, and change them as often as they thought fit, no order could be observed, and the utmost confusion in families introduced, and lewdness encouraged, and which would subject the land and the inhabitants of it to many evils and calamities, as the just punishment thereof. (a) Maimon. & Bartenora in Misn. Sotah, c. 2. sect. 6.

When a man hath taken a new wife,.... A wife he has lately married, new to him, though a widow, as Jarchi observes; but the Targum of Jonathan says a virgin; however this is opposed to his old wife, and divorced; for this, as Jarchi and Ben Melech say, excepts the return of a divorced wife, who cannot be said to be a new one: he shall not go out to war; this is to be understood of a man that had not only betrothed, but married a wife; a man that had betrothed a wife, and not married her, who went out to war, might return if he would, Deuteronomy 20:7; but one that had married a wife was not to go out to war: neither shall be charged with any business; as betrothed ones were; they, though they had a liberty of returning, yet they were to provide food and drink for the army, and to prepare or mend the highways, as Jarchi observes; but these were not obliged to such things, nor even to keep watch on the walls of the city, or to pay taxes, as Maimonides (b) writes: but he shall be free at home one year; not only from all tributes and taxes, and everything relative to the affairs of war, but from public offices and employments, which might occasion absence from home. Jarchi remarks, that his house or home comprehends his vineyard; and so he thinks that this respects his house and his vineyard, that if he had built a house and dedicated it, or planted a vineyard and made it common, yet was not to remove from his house because of the necessities of war: and shall cheer up his wife which he hath taken; or rejoice with his wife which he hath taken, and solace themselves with love; and thereby not only endear himself to her, but settle his affections on her, and be so confirmed in conjugal love, that hereafter no jealousies may arise, or any cause of divorce, which this law seems to be made to guard against. So it is said (c), that Alexander after the battle of Granicus sent home to Macedonia his newly married soldiers, to winter with their wives, and return at spring; which his master Aristotle had taught him, and as he was taught by a Jew. (b) Hilchot Melachim, c. 7. sect. 10, 11. (c) Arrian. Expedit Alex. l. 1.

Here is, I. Provision made for the preservation and confirmation of love between new-married people, Deu 24:5. This fitly follows upon the laws concerning divorce, which would be prevented if their affection to each other were well settled at first. If the husband were much abroad from his wife the first year, his love to her would be in danger of cooling, and of being drawn aside to others whom he would meet with abroad; therefore his service to his country in war, embassies, or other public business that would call him from home, shall be dispensed with, that he may cheer up the wife that he has taken. Note, 1. It is of great consequence that love be kept up between husband and wife, and that every thing be very carefully avoided which might make them strange one to another, especially at first; for in that relation, where there is not the love that should be, there is an inlet ready to abundance of guilt and grief. 2. One of the duties of that relation is to cheer up one another under the cares and crosses that happen, as helpers of each other's joy; for a cheerful heart does good like a medicine. II. A law against man-stealing, Deu 24:7. It was not death by the law of Moses to steal cattle or goods; but to steal a child, or a weak and simple man, or one that a man had in his power, and to make merchandize of him, this was a capital crime, and could not be expiated, as other thefts, by restitution - so much is a man better than a sheep, Mat 12:12. It was a very heinous offence, for, 1. It was robbing the public of one of its members. 2. It was taking away a man's liberty, the liberty of a free-born Israelite, which was next in value to his life. 3. It was driving a man out from the inheritance of the land, to the privileges of which he was entitled, and bidding him go serve other gods, as David complains against Saul, Sa1 26:19. III. A memorandum concerning the leprosy, Deu 24:8, Deu 24:9. 1. The laws concerning it must be carefully observed. The laws concerning it we had, Lev 13:14. They are here said to be commanded to the priests and Levites, and therefore are not repeated in a discourse to the people; but the people are here charged, in case of leprosy, to apply to the priest according to the law, and to abide by his judgment, so far as it agreed with the law and the plain matter of fact. The plague of leprosy being usually a particular mark of God's displeasure for sin, he in whom the signs of it did appear ought not to conceal it, nor cut out the signs of it, nor apply to the physician for relief; but he must go to the priest, and follow his directions. Thus those that feel their consciences under guilt and wrath must not cover it, nor endeavour to shake off their convictions, but by repentance, and prayer, and humble confession, take the appointed way to peace and pardon. 2. The particular case of Miriam, who was smitten with leprosy for quarrelling with Moses, must not be forgotten. It was an explication of the law concerning the leprosy. Remember that, and, (1.) "Take heed of sinning after the similitude of her transgression, by despising dominions and speaking evil of dignities, lest you thereby bring upon yourselves the same judgment." (2.) "If any of you be smitten with a leprosy, expect not that the law should be dispensed with, nor think it hard to be shut out of the camp and so made a spectacle; there is no remedy: Miriam herself, though a prophetess and the sister of Moses, was not exempted, but was forced to submit to this severe discipline when she was under this divine rebuke." Thus David, Hezekiah, Peter, and other great men, when they had sinned, humbled themselves, and took to themselves shame and grief; let us not expect to be reconciled upon easier terms. IV. Some necessary orders given about pledges for the security of money lent. They are not forbidden to take such securities as would save the lender from loss, and oblige the borrower to be honest; but, 1. They must not take the millstone for a pledge (Deu 24:6), for with that they ground the corn that was to be bread for their families, or, if it were a public mill, with it the miller got his livelihood; and so it forbids the taking of any thing for a pledge by the want of which a man was in danger of being undone. Consonant to this is the ancient common law of England, which provides that no man be distrained of the utensils or instruments of his trade or profession, as the axe of a carpenter, or the books of a scholar, or beasts belonging to the plough, as long as there are other beasts of which distress may be made (Coke, 1 Inst. fol. 47). This teaches us to consult the comfort and subsistence of others as much as our own advantage. That creditor who cares not though his debtor and his family starve, nor is at all concerned what become of them, so he may but get his money or secure it, goes contrary, not only to the law of Christ, but even to the law of Moses too. 2. They must not go into the borrower's house to fetch the pledge, but must stand without, and he must bring it, Deu 24:10, Deu 24:11. The borrower (says Solomon) is servant to the lender; therefore lest the lender should abuse the advantage he has against him, and improve it for his own interest, it is provided that he shall take not what he pleases, but what the borrower can best spare. A man's house is his castle, even the poor man's house is so, and is here taken under the protection of the law. 3. That a poor man's bed-clothes should never be taken for a pledge, Deu 24:12, Deu 24:13. This we had before, Exo 22:26, Exo 22:27. If they were taken in the morning, they must be brought back again at night, which is in effect to say that they must not be taken at all. "Let the poor debtor sleep in his own raiment, and bless thee," that is, "pray for thee, and praise God for thy kindness to him." Note, Poor debtors ought to be sensible (more sensible than commonly they are) of the goodness of those creditors that do not take all the advantage of the law against them, and to repay their kindnesses by their prayers for them, when they are not in a capacity to repay it in any other way. "Nay, thou shalt not only have the prayers and good wishes of thy poor brother, but it shall be righteousness to thee before the Lord thy God," that is, "It shall be accepted and rewarded as an act of mercy to thy brother and obedience to thy God, and an evidence of thy sincere conformity to the law. Though it may be looked upon by men as an act of weakness to deliver up the securities thou hast for thy debt, yet it shall be looked upon by thy God as an act of goodness, which shall in no wise lose its reward."

Deuteronomy 24:7 7. If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die: and thou shalt put evil away from among you. 7. Si quis furatus fuerit animam e fratribus suis e filiis Israel, et vendiderit: morietur vir ille, et auferes malum e medio tui. The same punishment is here deservedly denounced against man-stealers as against murderers; for, so wretched was the condition of slaves, that liberty was more than half of life; and hence to deprive a man of such a great blessing, was almost to destroy him. Besides, it is not man-stealing only which is here condemned, but the accompanying evils of cruelty and fraud, i.e., if he, who had stolen a man, had likewise sold him. Now, such a sale could hardly be made among the people themselves, without the crime being immediately detected; and nothing could be more hateful than that God's children should be alienated from the Church, and delivered over to heathen nations.

Deuteronomy 24:8, 9 8. Take heed in the plague of leprosy, that thou observe diligently, and do according to all that the priests the Levites shall teach you: as I commanded them, so ye shall observe to do. 8. Observa in plaga leprae, ad observandum diligenter et faciendum secundum omnia quae docuerint vos sacerdotes Levitae: sicuti praecepi eis, ita observabitis ad faciendum. 9. Remember what the Lord thy God did unto Miriam by the way, after that ye were come forth out of Egypt. 9. Recordare quid fecerit Jehova Deus tuus Mariae in itinere, quum egressi estis ex Aegypto. 8. Take heed in the plague of leprosy. I am aware how greatly interpreters differ from each other and how variously they twist whatever Moses has written about Leprosy. Some are too eagerly devoted to allegories; some think that God, as a prudent Legislator, merely gave a commandment of a sanitary, nature, in order that a contagious disease should not, spread among the people. This notion, however, is very. poor, and almost unmeaning; and is briefly. refuted by Moses himself, both where he recounts the history of Miriam's leprosy, and also where he assigns the cause why lepers should be put out of the camp, viz that they might not defile the camp in which God dwelt, whilst he ranks them with those that have an issue, and that they are defiled by the dead. Wherefore, I have thought it well, previous to attempting the full elucidation of the matter, to adduce two passages, by way of preface, from whence the design of God may more fully appear. When, in this passage from Deuteronomy, He commands the people to "take heed" and "observe diligently" the plague of leprosy, there can be no question but that He thus ratifies what He had before set forth at greater length in Leviticus. And, first of all, He refers the judgment of the matter to the priests, that what they pronounce should be firm and unalterable; and secondly, He would have the priests, lest they should pronounce rashly, and according to their own wishes, to follow simply what He prescribed to them, so that they may only be the ministers, or heralds; whilst, as to the sovereign authority, He alone should be the Judge. He confirms the law which He imposes by a special example; because He had cast out Miriam, the sister of Moses, for a time, lest her uncleanness during her leprosy should defile the camp. For the view which some take, that He exhorts the people lest, through sin, they should bring upon themselves the same evil as Miriam, is not to the purpose. But that which I have stated makes excellent sense, viz., that God's command, whereby He prohibited Miriam from entering the camp, was to have the force and weight of a perpetual law; because He thus ordained what He would always have done.

Deuteronomy 24:14, 15 14. Thou shalt not oppress an hired servant that is poor and needy, whether he be of thy brethren, or of thy strangers that are in thy land within thy gates: 14. Non opprimes mercenarium pauperem et egenum e fratribus tuis, et ex peregrinis tuis qui sunt in terra tua, intra portas tuas. 15. At his day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the Lord, and it be sin unto thee. 15. Die suo reddes mercedem ejus, neque occumbet super eam sol: quia pauper est, et ea sustentat animam suam: ne clamet contra te ad Jehovam, et sit in te peccatum. 14. Thou shalt not oppress an hired servant. This precept is akin to the foregoing. Moses pronounces that he who has hired a poor person for wages oppresses him unless he gives him immediate recompense for his labor; since the two admonitions, "thou shalt; not; oppress," and "thou shalt give him his hire," are to be read in connection with each other. Hence it follows, that if a hireling suffers from want because we do not pay him what he has earned, we are by our very delay alone convicted of unrighteousness. The reason is now more clearly expressed, viz., because he sustains his life by his daily labors. [101] Although, however, this provision only refers to the poor, lest they should suffer hunger from the negligence or pride of the rich, still humanity in general is enforced, lest, whilst the poor labor for our profit, we should arrogantly abuse them as if they were our slaves, or should be too illiberal and stingy towards them, since nothing can be more disgraceful than that, when they are in our service, they should not at least have enough to live upon frugally. Finally, Moses admonishes us that this tyranny on the part of the rich shall not be unpunished, if they do not supply their workmen with the means of subsistence, even although no account shall be rendered of it before the tribunals of men. Hence we infer that this law is not political, but altogether spiritual, and binding on our consciences before the judgment-seat of God; for although the poor man may not sue us at law, Moses teaches us that it is sufficient for him to appeal to the faithfulness of God. Wherefore, although the earthly judge may absolve us a hundred times over, let us not therefore think that we have escaped; since God will always require of us from heaven, whatever may have been unjustly excused us on earth. The question, however, here arises, whether, if he who has been oppressed should not cry out, the criminality will cease in consequence of his silence; for the words of Moses seem to imply this, when he says, that the rich will be guilty, if the poor cry unto God and make complaint of their wrongs. The reply' is easy, that Moses had no other intention than to over-. throw the vain confidence of the despisers, whereby they arc, stimulated to greater audacity in sin, and are hardened in iniquity. He says, therefore, that although, as far as men are concerned, they may allow us to pillage and rob, still a more awful judgment is to be dreaded; for God hears the complaints of the poor, who find no protector or avenger on earth. And surely, the more patiently he who is despoiled shall bear his wrong, the more ready will God be to undertake his cause; nor is there any louder cry to Him than patient endurance. If, however, any should object that the cry here spoken of is at variance with Christ's command, that we should pray for our enemies, we answer at once, that God does not always approve of the prayers which He nevertheless answers. The imprecation of Jotham, the son of Gideon, took effect upon the Shechemites, (Judges 9:20,) although it was plainly the offspring of immoderate anger. Besides, it sometimes happens that the miserable, although they endure their injuries with pious meekness, still cease not to lay their sorrows and their groans in the bosom of God. Nor is this a slight consolation for the poor, that if no one on earth relieves them because their condition is low and abject, still God will hereafter take cognizance of their cause. Footnotes: [101] The expression on which C. founds this statement is translated by himself "ea (i.e., mercede) sustentat animam suam;" in our A. V., "setteth his heart upon it;" margin, "Heb., lifteth his soul unto it." Dathe has, "eam anhelat;" Ainsworth, "and unto it he lifteth up his soul," and his note is, "that is, hopeth for and desireth it for the maintenance of his life. So the Greek here translateth, he hath hope; and in. Jeremiah 22:27, and 44:14, the lifting up of the soul signifieth a desire; and the soul is often put for the life. Hereupon the Hebrews say, Whosoever with-holdeth the hireling's wage, is as if he took away his soul (or life) from him" etc.

Deuteronomy 24:16 16. The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers: every man shall be put to death for his own sin. 16. Non interficientur patres pro filiis, neque filii interficientur pro patribus: quisque in peccato suo morietur. Here also God manifests how great is His regard for human life, so that blood should not be shed indiscriminately, when he forbids that children should be involved in the punishment of their parents. Nor was this Law by any means supererogatory, because on account of one man's crime his whole race was often severely dealt with. It is not without cause, therefore, that God interposes for the protection of the innocent, and does not allow the punishment to travel further than where the crime exists. And surely our natural common sense dictates that it is an act of barbarous madness to put children to death out of hatred to their father. If any should object, what we have already seen, that God avenges "unto the third and fourth generation," the reply is easy, that He is a law unto Himself, and that He does not rush by a blind impulse to the exercise of vengeance, so as to confound the innocent with the reprobate, but that He so visits the iniquity of the fathers upon their children, as to temper extreme severity with the greatest equity. Moreover, He has not so bound Himself by an inflexible rule as not to be free, if it so pleases Him, to depart from the Law; as, for example, He commanded the whole race of Canaan to be rooted out, because the land would not be purged except by the extermination of their defilements; and, since they were all reprobate, the children, no less than their fathers, were doomed to just destruction. Nay, we read that, after Saul's death, his guilt was expiated by the death of his children, (2 Samuel 21;) still, by this special exception, the Supreme Lawgiver did not abrogate what He had commanded; but would have His own admirable wisdom acquiesced in, which is the fountain from whence all laws proceed.

Deuteronomy 24:19-22 19. When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, then shalt not go again to fetch it: it shall be for the stranger, for the fatherless, and for the widow; that the Lord thy God may bless thee in all the work of thine hands. 19. Quum messueris messem in agro tuo, et oblitus fueris manipulum in agro, non reverteris ad eum tollendum: peregrino, pupillo, et viduae erit: ut benedicat tibi Jehova Deus tuus in omni opere manuum tuarum. 20. When then beatest thine olive-tree, thou shalt not go over the boughs again: it shall be for the stranger, for the fatherless, and for the widow. 20. Quum excusseris olivam tuam, non scrutaberis ramos post te: peregrino, pupillo, et viduae erit. 21. When thou gatherest the grapes of thy vineyard, thou shalt not glean it afterward: it shall be for the stranger, for the fatherless, and for the widow. 21. Quum vindemiabis vineam tuam, non colliges racemos post te: peregrino, pupillo, et viduae erunt. 22. And thou shalt remember that thou wast a bond-man in the land of Egypt: therefore I command thee to do this thing. 22. Memento quod servus fueris in terra AEgypti: idcirco praecipio tibi ut hoc facias. God here inculcates liberality upon the possessors of land, when their fruits are gathered: for, when His bounty is exercised before our eyes, it invites us to imitate Him; and it is a sign of ingratitude, unkindly and maliciously, to withhold what we derive from His blessing. God does not indeed require that those who have abundance should so profusely give away their produce, as to despoil themselves by enriching others; and, in fact, Paul prescribes this as the measure of our alms, that their relief of the poor should not bring into distress the rich themselves, who kindly distribute. (2 Corinthians 8:13.) God, therefore, permits every one to reap his corn, to gather his vintage, and to enjoy his abundance; provided the rich, content with their own vintage and harvest, do not grudge the poor the gleaning of the grapes and corn. Not that He absolutely assigns to the poor whatever remains, so that they may seize it as their own; but that some small portion may flow gratuitously to them from the munificence of the rich. He mentions indeed by name the orphans, and widows, and strangers, yet undoubtedly He designates all the poor and needy, who have no fields of their own to sow or reap; for it will sometimes occur that orphans are by no means in want, but rather that they have the means of being liberal themselves; nor are widows and strangers always hungry; but I have explained elsewhere why these three classes are mentioned.

No man shall take the nether or the upper millstone to pledge--The "upper" stone being concave, covers the "nether" like a lid; and it has a small aperture, through which the corn is poured, as well as a handle by which it is turned. The propriety of the law was founded on the custom of grinding corn every morning for daily consumption. If either of the stones, therefore, which composed the handmill was wanting, a person would be deprived of his necessary provision.

When thou dost lend thy brother anything, thou shalt not go into his house to fetch his pledge--The course recommended was, in kind and considerate regard, to spare the borrower's feelings. In the case of a poor man who had pledged his cloak, it was to be restored before night, as the poor in Eastern countries have commonly no other covering for wrapping themselves in when they go to sleep than the garment they have worn during the day.

Thou shalt not oppress an hired servant that is poor and needy--Hired servants in the East are paid at the close of the day; and for a master to defraud the laborer of his hire, or to withhold it wrongfully for a night, might have subjected a poor man with his family to suffering and was therefore an injustice to be avoided (Lev 19:13).

The fathers shall not be put to death for the children--The rule was addressed for the guidance of magistrates, and it established the equitable principle that none should be responsible for the crimes of others.

When thou cuttest down thine harvest in thy field--The grain, pulled up by the roots or cut down with a sickle, was laid in loose sheaves; the fruit of the olive was obtained by striking the branches with long poles; and the grape clusters, severed by a hook, were gathered in the hands of the vintager. Here is a beneficent provision for the poor. Every forgotten sheaf in the harvest-field was to lie; the olive tree was not to be beaten a second time; nor were grapes to be gathered, in order that, in collecting what remained, the hearts of the stranger, the fatherless, and the widow might be gladdened by the bounty of Providence. Next: Deuteronomy Chapter 25

No man shall take the nether or the upper millstone to pledge,.... The first word being of the dual number takes in both stones, wherefore Vatablus renders the words,"ye shall not take for a pledge both the millstones, nor indeed the uppermost;''which is the least; so far should they be from taking both, that they were not allowed to take the uppermost, which was the shortest, meanest, and lightest; and indeed if anyone of them was taken, the other became useless, so that neither was to be taken: for he taketh a man's life to pledge; or with which his life is supported, and the life of his family; for if he has corn to supply them with, yet if his mill or millstones are pawned, he cannot grind his corn, and so he and his family must starve: and in those times and countries they did, as the Arabs do to this day, as Dr. Shaw (d) relates,"most families grind their wheat and barley at home, having two portable millstones for that purpose; the uppermost whereof is turned round by a small handle of wood or iron, that is placed in the rim;''and these millstones being portable, might be the more easily taken for pledges, which is here forbidden, for the above reason; and this takes in any other thing whatever, on which a man's living depends, or by which he gets his bread (e). (d) Travels, p. 231. Edit. 2.((e) Misn. Bava Metzia, c. 9. sect. 13.

If a man be found stealing any of his brethren of the children of Israel,.... Whether grown up or little, male or female, an Israelite or a proselyte, or a freed servant; all, as Maimonides (f) says, are included in this general word "brethren"; though Aben Ezra observes, that it is added, "of the children of Israel", for explanation, since an Edomite is called a "brother". Now, a man must be "found" committing this fact; that is, it must plainly appear, there must be full proof of it by witnesses, as Jarchi explains this word: and maketh merchandise of him; or rather uses him as a servant, and employs him in any service to the least profit and advantage by him, even to the value of a farthing; yea, if he does but lean upon him, and he supports him, though he is an old man that is stolen; this is serving a man's self by him, as Maimonides (g), which is what is forbidden as distinct from selling him, as follows: or selleth him: to others; and both these, according to the above writer (h), using him for service, and selling him, are necessary to make him guilty of death; not the one without the other; but reading them disjunctively, as we do, gives the better sense of the words: then that thief shall die; by strangling with a napkin, as the Targum of Jonathan; and so Maimonides (i) says, his death is by strangling: and thou shall put evil away from among you; both him that does evil, as the Targum of Jonathan, and the guilt of it by inflicting due punishment for it; and so deter from such practices, and prevent evil coming upon the body of the people, should such a sin be connived at; see Exodus 21:16. (f) Hichot Genibah, c. 9. sect. 6. (g) Ib. sect. 2.((h) Ib. sect. 3.((i) Hilchot Genibah, c. 9. sect. 1. So R. Sol. Urbin. Ohel Moed, fol. 67. 1. interprets it of service.

Take heed, in the plague of leprosy,.... Whether in the bodies of men, or in houses, or in garments, not to hide and conceal it; or, as Jarchi, weaken the signs of it, or cut out the bright spot; so the Targum of Jonathan: that thou observe diligently, and do according to all the priests the Levites shall teach you: according to the laws and rules given in such cases, whether they order to shut up persons, houses, or clothes, or pronounce unclean or clean; in all things they were to do as they directed, which appeared to be agreeably to the said rules; for the judgment, management, and ordering of these things, belonged to the priests: of which see Leviticus 13:1, as I commanded them, so shall ye observe to do: which shows the they were not to comply with their orders, and conform to them, any further than they agreed with the commands of God, and the instructions he had given them in the places referred to.

Remember what the Lord thy God did unto Miriam,.... Who was stricken with leprosy for speaking against Moses, and was shut up seven days; and they are reminded of this instance, partly to warn them against entertaining evil suspicions, and surmises of persons in power and authority, and speaking evil of them; and partly to expect that punishment would certainly be inflicted on them, should they be guilty of the same crime; nor should they think it hard, either to be smitten with leprosy, or to be shut up for it; since Miriam, a prophetess, and the sister of Moses, was so used; and that when by the way, after that ye were come out of Egypt: when upon their journey, and were retarded in it, and obliged to stay at least seven days before they could proceed on in it; see Numbers 12:14.

When thou dost lend thy brother anything,.... Any sum of money he stands in need of, or demanded a debt of him, as Jarchi; money he is indebted to thee, which is the sense of the Septuagint version; and he is not able to pay it, but offers something: in pawn till he can pay it: thou shall not go into his house to fetch his pledge; which would be an exercise of too much power and authority, to go into a neighbour's house, and take what was liked; and besides, as no doubt he would take the best, so he might take that which the poor man could not spare: and indeed, according to the Jewish canons (k), he could not take any pledge at all, but with the knowledge, and by the leave, of the sanhedrim, or court of judicature. (k) Misn. Bava Metzia, c. 9. sect. 13.

Thou shall stand abroad,.... Without doors, in the street, as the Targum of Jonathan, while the borrower or debtor looks out, and brings forth what he can best spare as a pledge: and the man to whom thou dost lend shall bring out the pledge abroad unto thee; now as, on the one hand, if the lender or creditor had been allowed to go in and take what he pleased for a pledge, he would choose the best; so, on the other hand, the borrower or debtor would be apt to bring the worst, what was of the least value and use; wherefore the Jews made it a rule that it should be of a middling sort, between both, lest it should be a discouragement and hinderance to lend upon pledges (l). (l) Misn. Gittin, c. 5. sect. 1. Maimon. & Bartenora in ib.

And if the man be poor,.... Which may be thought to be the case of everyone that gives pledges for a debt he owes, or a sum of money he borrows; yet there might be a difference: some might be so very destitute of goods and raiment in their houses, that whatever they parted with was distressing to them, and they could not well do without it: thou shalt not sleep with his pledge; nor keep it a night; but deliver it to him, before he went to bed, and laid himself down to sleep.

In any case thou shalt deliver him the pledge again, when the sun goeth down,.... If it was a night covering, as Jarchi remarks; but if it was his day clothes, he was to return it in the morning, when the sun arose; and this was to be done every day, which resist occasion a great deal of trouble, and the pledge of little use; so that it seems as though they might as well be without it as have it, and lend freely; but the Jews say, that there was an advantage by it; for it is said in answer to such a question,"of what profit is the pledge? by this means the debt is not released on the seventh year, (when all other debts were released, Deuteronomy 15:1) nor could the borrower dispose of his goods to his children, but payment was made from the pledge after his death (m):''now this delivery of the pledge at sun setting was ordered: that he may sleep in his own raiment; have his night covering to sleep in, his pillow, and bolster, and bedding to lie on, and bed clothes to cover him; and indeed the clothes they wore were made in such form, as would serve for covering to sleep in at night, as well as to wear in the day; and such is the clothing of the Arabs now, which they call "hykes"."The usual size of them (Dr. Shaw says (n)), is six yards long, and five or six feet broad, serving the Arab for a complete dress in the day; and as they "sleep in their raiment", it serves likewise for his bed and covering by night:" and bless thee: for using him so mercifully and kindly, as to return him his pledge, which is so necessary to his comfortable repose in the night; and not only will he praise him, and speak well of him for it, and give him thanks; but will pray to God to bless him in soul, body, and estate, for such kindness shown him: and it shall be righteousness unto thee before the Lord thy God; not his justifying righteousness before God, for by the deeds of the law shall no flesh living be justified in his sight; but it shall be owned and approved of as a good and righteous action, and answerable to the intention of this law, which is, that mercy should be shown to persons in distress; in which sense the word "righteousness" is sometimes used, even for a merciful action, Psalm 112:9; so alms is called "righteousness", Matthew 6:1, in some copies. (m) Maimon Hilchot Milvah Velovah, c. 3. sect. 5. (n) Travels, p. 224. Ed. 2.

Thou shall not oppress an hired servant,.... That is hired by the day, as appears by Deuteronomy 24:15; though the law may include such as are hired by the week, or month, or year; neither of whom are to be oppressed by any means, and chiefly by detaining their wages; so the Jerusalem Targum explains the phrase,"ye shall not detain by force the hire of the hired servant;''nor by fraud, as in James 5:4, that is poor and needy; and so cannot bear the lest oppression of this kind, nor to have his wages detained from him any time, and much less wholly to be defrauded of them: whether he be of thy brethren; an Israelite, and so a brother both by nation and religion: or of thy strangers that are in thy land, within thy gates; Jarchi interprets this, both of proselytes of righteousness, and of proselytes of the gate; which latter are plainly described by this clause, and the former must be included; for, if proselytes of the gate are not to be oppressed, much less proselytes of righteousness, who were in all respects as Israelites, the same law was to them both. Jarchi says, the phrase "in thy land" is intended to comprehend the hire of beasts, and of vessels; and these in the Misnah (o) are said to be comprehended in this precept, as well as the hire of man. (o) Bava Metzia, c. 9. sect. 12.

At his day thou shalt give him his hire,.... At the close of the day, when his work is done, the hire agreed for must be paid him; and, by the same rule, all such that were hired by the week, month, or year, were to have their wages paid them at the day their time was up: neither shall the sun go down upon it; it was to be paid before sun setting, or at it; see Leviticus 19:13, for he is poor, and setteth his heart upon it; being poor, he cannot wait any longer for the payment of it; his personal and family wants are such as require immediate payment; and besides, he has been eagerly expecting it, and earnestly desiring it, that he may satisfy the craving necessities of himself and family; and therefore it would be a great balk and disappointment to him to have his wages detained: lest he cry against thee to the Lord; having none to apply unto but him, who is the patron of the poor and needy, not being able to help himself, nor having interest in any to interpose on his behalf; and his cry, and the cry of his hire too, enter into the ears of the Lord of hosts, and is regarded by him, James 5:4, and it be sin unto thee: be imputed to him, the guilt charged on him, and punishment inflicted for it.

The fathers shall not be put to death for the children,.... By the civil magistrates, for sins committed by them of a capital nature, and which are worthy of death: neither shall the children be put to death for the fathers; for sins committed by them that deserve it: every man shall be put to death for his own sin: which is but just and reasonable; see Ezekiel 18:4; which is no contradiction to Exodus 20:5; that respects what God himself would do, this what Israel, or the civil magistrates in it, should do; this is a command on Israel, as Aben Ezra observes; that the declaration of the sovereign Being, who is not bound by any law. Jarchi interprets these words differently, as that the one should not be put to death by the testimony of the other; and it is a rule with the Jews,"that an oath of witness is taken of men, and not of women; of those that are not akin, and not of those that are nearly related (p):''on which one of the commentators observes (q) that such that are near akin are not fit to bear testimony, because it is written, "the father shall not be put to death for the children"; that is, for the testimony of the children. Jarchi indeed mentions the other sense, for the sins of the children, which has been given, and is undoubtedly the true sense of the text. The Targum of Jonathan gives both;"fathers should not be put to death, neither by the testimony, nor for the sins of the children; and children shall not be put to death, neither by the testimony, nor for the sins of fathers; but every man shall be put to death for his own sin by proper witnesses.'' (p) Misn. Shebuot, c. 4. sect. 1.((q) Bartenora in ib.

Thou shalt not pervert the judgment of the stranger, nor of the fatherless,.... Who are unable to defend themselves, and have but few, if any, to take their part; and therefore particular care should be taken by judges and civil magistrates to do them justice, or God will require it of them: nor take a widow's raiment to pledge; nor anything else, as her ox or cow, Job 24:3; according to the Jewish canons (r), of a widow, whether she is poor or rich, a pledge is not taken; the reason given for which is, that it would raise an ill suspicion, and cause an evil report of her among her neighbours (s); and which is suggested by the Targum of Jonathan"neither shall any of you take for a pledge the raiment of a widow, lest wicked neighbours should arise, and bring an evil report upon her, when ye return the pledge unto her.''But no doubt a poor widow is meant, and the design of the law is mercy to her, and that she might not be distressed by taking that from her she needed. (r) Misn. Bava Metzia, c. 9. sect. 13. (s) Maimon. & Bartenora in Misn. Bava Metzia, c. 9. sect. 13.

But thou shalt remember that thou wast a bondman in Egypt,.... The remembrance of which may cause sympathy with persons in distress; particularly the stranger, the fatherless, and the widow: and the Lord thy God redeemed thee thence; the Targum of Jonathan,"the Word of the Lord thy God;''which, as it was an act of great kindness and mercy in God to them, taught them, and laid them under obligation to show favour to their fellow creatures in distress: therefore I command thee to do this thing: not to pervert the judgment of the stranger and fatherless, nor take a widow's raiment for a pledge; and it may be carried further into the context, and respect the laws about the pledge of the poor man, and giving the hired servant his wages in due time.

When thou cuttest down thine harvest in thy field,.... Whether barley harvest or wheat harvest, when either of them are ripe for cutting, mowing, or reaping, and are cutting down: and hast forgot a sheaf in the field; Jarchi says the phrase "in the field" is to include standing corn, some of which is forgotten in cutting down, and so is subject to this law as well as a sheaf; and a sheaf claimed by this name is one that is forgotten both by the workman and the owner; if by the one and not by the other, it could not be so called. The canon runs thus (t),"a sheaf which the workmen forget, and not the owner, or the owner forgets, and not the workman, before which the poor stand, or is covered with straw or stubble, is not a forgotten sheaf.''And about this they have various other rules;"a sheaf that is near the gate (of a field), or to an heap (of sheaves), or to oxen, or to instruments, and left, the house of Shammai say it is not to be reckoned a forgotten sheaf; but the house of Hillell say it is;--two sheaves are reckoned forgotten, three are not; a sheaf in which there are two seahs (about a peck and a half), and they leave it, it is not reckoned forgotten (u):" thou shall not go again to fetch it; which supposes a remembrance of it, or some intelligence about it when at home, and after the field has been cleared, and all carried in but this sheaf; then the owner might not go nor send to fetch it: the beginnings of the rows, they say, show when a sheaf is forgotten, or not; particularly the adverse sheaf, or that over against it, shows it (w); so Jarchi: it shall be for the stranger; or proselyte; the proselyte of righteousness; of this there is no doubt, but it seems to be for the proselyte of the gate also: for the fatherless and for the widow; which of them soever should first find it: that the Lord thy God may bless thee in all the work of thine hands; in the culture of their ground the next year, and give them large and fruitful crops; they either purposely leaving the sheaf for the poor, or however suffer them to take it unmolested when found by them. The Targum of Jonathan is, "that the word of the Lord thy God may bless thee", &c. (t) Misn. Peah, c. 5. sect. 7. (u) Misn. Peah, c. 6. sect. 2, 5, 6. (w) Ib. sect. 3, 4.

When thou beatest thine olive tree,.... With sticks and staves, to get off the olives when ripe: thou shall not go over the boughs again; to beat off some few that may remain; they were not nicely to examine the boughs over again, whether there were any left or not: it shall be for the stranger, for the fatherless, and for the widow; who might come into their oliveyards after the trees had been beaten, and gather what were left.

When thou gatherest the grapes of thy vineyard,.... Which was done much about the same time that the olives were gathered, and both after wheat harvest, about the latter end of June, or beginning of July; for they were more forward in those hot countries: thou shall not glean it afterwards; go over the vines a second time, to pick off every berry or bunch that escaped them at first gathering: it shall be for the stranger, for the fatherless, and for the widow; as the forgotten sheaf, and the olive berries left; these are all supposed to be poor persons, otherwise no doubt there were strangers, and fatherless persons, and widows, in good circumstances; who, as they needed not, so neither would give themselves the trouble, but think it beneath them to go into fields, oliveyards, and vineyards, to gather what was left by the owners. These laws were made in favour of the poor, that mercy and kindness might be showed to them, and that they might have a taste of all the fruits of the earth.

And thou shalt remember that thou wast a bondman in the land of Egypt,.... When they would have been glad to have enjoyed the like favours, as small as they might seem to be, even to glean in their fields, vineyards, and oliveyards: therefore I command thee to do this thing; to suffer the poor to take the forgotten sheaf, and to come into their oliveyards and vineyards, and gather what olives and grapes remained after the first beating of the one, and the ingathering of the other.

If a man be found stealing any of his brethren--(See Exo 21:16).

Take heed in the plague of leprosy--(See Lev 13:14).