It is diabolic cruelty to add to the miseries of war the horrors of famine; and this is done where the trees of the field are cut down, the dykes broken to drown the land, the villages burnt, and the crops wilfully spoiled. O execrable war! subversive of all the charities of life!
There are several curious particulars in these verses:
1. The people had the most positive assurances from God that their enemies should not be able to prevail against them by strength, numbers, nor stratagem, because God should go with them to lead and direct them, and should fight for them; and against his might none could prevail.
2. All such interferences were standing proofs of the being of God, of his especial providence, and of the truth of their religion.
3. Though God promised them such protection, yet they were to expect it in the diligent use of their own prudence and industry. The priests, the officers, and the people, had their respective parts to act in this business; if they did their duty respectively, God would take care that they should be successful. Those who will not help themselves with the strength which God has already given them, shall not have any farther assistance from him. In all such cases, the parable of the talents affords an accurate rule.
4. Their going to war against their enemies must not deprive them of mercy and tenderness towards their brethren. He who had built a house and had not yet dwelt in it, who had planted a vineyard and had not eaten of its fruits, who had betrothed a wife and had not yet taken her to his house, was not obliged to go to battle, lest he should fall in the war, and the fruits of his industry and affection be enjoyed by others. He who was faint-hearted was also permitted to return, lest he should give way in the heat of battle, and his example have a fatal influence on others.
Introduction
If a man be found slain in a field, and the cause of his death be unknown, the murder shall be expiated by the sacrifice of a heifer in an uncultivated valley, [Deu 21:1-4]. The rites to be used on the occasion, [Deu 21:5-9]. The ordinance concerning marriage with a captive, [Deu 21:10-14]. The law relative to the children of the hated and beloved wives: if the son of the hated wife should be the first-born he shall not be disinherited by the son of the beloved wife, but shall have a double portion of all his father's goods, [Deu 21:15-18]. The law concerning the stubborn and rebellious son, who, when convicted, is to be stoned to death, [Deu 21:19-21]. Of the person who is to be hanged, [Deu 21:22]. His body shall not be left on the tree all night; every one that is hanged on a tree is accursed of God, [Deu 21:23].
Verse 4
Shall bring down the heifer unto a rough valley - נחל איתן nachal eythan might be translated a rapid stream, probably passing through a piece of uncultivated ground where the elders of the city were to strike off the head of the heifer, and to wash their hands over her in token of their innocence. The spot of ground on which this sacrifice was made must be uncultivated, because it was considered to be a sacrifice to make atonement for the murder, and consequently would pollute the land. This regulation was calculated to keep murder in abhorrence, and to make the magistrates alert in their office, that delinquents might be discovered and punished, and thus public expense saved.
Verse 6
Shall wash their hands over the heifer - Washing the hands, in reference to such a subject as this, was a rite anciently used to signify that the persons thus washing were innocent of the crime in question. It was probably from the Jews that Pilate learned this symbolical method of expressing his innocence.
Verse 11
And seest - a beautiful woman - No forcible possession was allowed even in this case, when the woman was taken in war, and was, by the general consent of ancient nations, adjudged as a part of the spoils. The person to whose lot or share such a woman as is here described fell, might, if he chose, have her for a wife on certain conditions; but he was not permitted to use her under any inferior character.
Verse 12
She shall shave her head - This was in token of her renouncing her religion, and becoming a proselyte to that of the Jews. This is still a custom in the East; when a Christian turns Mohammedan his head is shaven, and he is carried through the city crying, la alahila allah we Mohammed resooli Allah; "There is no God but God, and Mohammed is the prophet of God."
Pare her nails - ועשתה את צפרניה veasethah eth tsipporneyha, "she shall make her nails." Now whether this signifies paring or letting them grow, is greatly doubted among learned men. Possibly it means neither, but colouring the nails, staining them red with the hennah, which is much practiced in India to the present day, and which was undoubtedly practiced among the ancient Egyptians, as is evident from the nails of mummies which are found thus stained. The hennah, according to Hasselquist, grows in India, and in Upper and Lower Egypt; it flowers from May to August. The manner of using it is this: the leaves are powdered, and made into a paste with water: they bind this paste on the nails of their fingers and toes, and let it stand on all night; in the morning they are found to be of a beautiful reddish yellow, and this lasts three weeks or a month, after which they renew the application. They often stain the palms of their hands and the soles of their feet in the same way, as appears from many paintings of eastern ladies done in India and Persia, which now lie before me. This staining the soles of the feet with the hennah is probably meant in [2Sam 19:24] : Mephibosheth had not dressed (literally made) his feet - they had not been thus coloured.
Verse 15
One beloved, and another hated - That is, one loved less than the other. This is the true notion of the word hate in Scripture. So Jacob Hated Leah, that is, he loved her less than he did Rachel; and Jacob have I loved, but Esau have I Hated, that is, I have shown a more particular affection to the posterity of Jacob than I have to the posterity of Esau. See the note on [Gen 29:31]. From this verse we see that polygamy did exist under the Mosaic laws, and that it was put under certain regulations; but it was not enjoined, Moses merely suffered it, because of the hardness of their hearts, as our Lord justly remarks [Mat 19:8].
Verse 18
The stubborn, rebellious, gluttonous, and drunken son is to be stoned to death - This law, severe as it may seem, must have acted as a powerful preventive of crime. If such a law were in force now, and duly executed, how many deaths of disobedient and profligate children would there be in all corners of the land!
Verse 23
His body shall not remain all night upon the tree - Its exposure for the space of one day was judged sufficient. The law which required this answered all the ends of public justice, exposed the shame and infamy of the conduct, but did not put to torture the feelings of humanity by requiring a perpetual exhibition of a human being, a slow prey to the most loathsome process of putrefaction. Did ever the spiking of the heads of state criminals prevent high treason? or the gibbeting of a thief or a murderer, prevent either murder or robbery? These questions may be safely answered in the negative; and the remains of the ancient barbarism which requires these disgusting and abominable exhibitions, and which are deplored by every feeling heart, should be banished with all possible speed. In the case given in the text, God considers the land as defiled while the body of the executed criminal lay exposed, hence it was enjoined, Thou shalt in any wise bury him that day.
For he that is hanged is accursed of God - That is, he has forfeited his life to the law; for it is written, Cursed is every one who continueth not in all things that are written in the book of the law to do them; and on his body, in the execution of the sentence of the law, the curse was considered as alighting; hence the necessity of removing the accursed thing out of sight. How excellent are all these laws! How wondrously well calculated to repress crimes by showing the enormity of sin! It is worthy of remark that in the infliction of punishment prescribed by the Mosaic law, we ever find that Mercy walks hand in hand with Judgment.
Introduction
Ordinances relative to strayed cattle and lost goods, [Deu 22:1-3]. Humanity to oppressed cattle, [Deu 22:4]. Men and women shall not wear each other's apparel, [Deu 22:5]. No bird shall be taken with her nest of eggs or young ones, [Deu 22:6], [Deu 22:7]. Battlements must be made on the roofs of houses, [Deu 22:8]. Improper mixtures to be avoided, [Deu 22:9-11]. Fringes on the garments, [Deu 22:12]. Case of the hated wife, and the tokens of virginity, and the proceedings thereon, [Deu 22:13-21]. The adulterer and adulteress to be put to death, [Deu 22:22]. Case of the betrothed damsel corrupted in the city, [Deu 22:23], [Deu 22:24]. Cases of rape and the punishment, [Deu 22:25-27]; of fornication, [Deu 22:28], [Deu 22:29]. No man shall take his father's wife, [Deu 22:30].
Verse 1
Thou shalt not see thy brother's ox or his sheep go astray - The same humane, merciful, and wise regulations which we met with before, [Exo 23:4], [Exo 23:5], well calculated to keep in remembrance the second grand branch of the law of God, Thou shalt love thy neighbor as thyself. A humane man cannot bear to see even an ass fall under his burden, and not endeavor to relieve him; and a man who loves his neighbor as himself cannot see his property in danger without endeavoring to preserve it. These comparatively small matters were tests and proofs of matters great in themselves, and in their consequences. See the note on [Exo 23:4].
Verse 3
Thou mayest not hide thyself - Thou shalt not keep out of the way of affording help, nor pretend thou didst not see occasion to render thy neighbor any service. The priest and the Levite, when they saw the wounded man, passed by on the other side of the way, [Luk 10:31], [Luk 10:32]. This was a notorious breach of the merciful law mentioned above.
Verse 5
The woman shall not wear that which pertaineth unto a man - כלי גבר keli geber, the instruments or arms of a man. As the word גבר geber is here used, which properly signifies a strong man or man of war, it is very probable that armor is here intended; especially as we know that in the worship of Venus, to which that of Astarte or Ashtaroth among the Canaanites bore a striking resemblance, the women were accustomed to appear in armor before her. It certainly cannot mean a simple change in dress, whereby the men might pass for women, and vice versa. This would have been impossible in those countries where the dress of the sexes had but little to distinguish it, and where every man wore a long beard. It is, however, a very good general precept understood literally, and applies particularly to those countries where the dress alone distinguishes between the male and the female. The close-shaved gentleman may at any time appear like a woman in the female dress, and the woman appear as a man in the male's attire. Were this to be tolerated in society, it would produce the greatest confusion. Clodius, who dressed himself like a woman that he might mingle with the Roman ladies in the feast of the Bona Dea, was universally execrated.
Verse 7
Thou shalt - let the dam go, and take the young to thee; that it may be well with thee - This passage may be understood literally. If they destroyed both young and old, must not the breed soon fail, and would it not in the end be ill with them; and by thus cutting off the means of their continual support, must not their days be shortened on the land? But we may look for a humane precept in this law. The young never knew the sweets of liberty; the dam did: they might be taken and used for any lawful purpose, but the dam must not be brought into a state of captivity. They who can act otherwise must be either very inconsiderate or devoid of feeling; and such persons can never be objects of God's peculiar care and attention, and therefore need not expect that it shall be well with them, or that they shall prolong their days on the earth. Every thing contrary to the spirit of mercy and kindness the ever blessed God has in utter abhorrence. And we should remember a fact, that he who can exercise cruelty towards a sparrow or a wren, will, when circumstances are favorable, be cruel to his fellow creatures. The poet Phocylides has a maxim in his admonitory poem very similar to that in the sacred text: - Μηδε τις ορυιθας καλιης ἁμα παντας ἑλεσθω· Μητερα δ' εκπρολιπῃς, ἱν' εχῃς παλι τησδε νεοττους.
Phocyl. Ποιημα Νουθετ., ver. 80. "Nor from a nest take all the birds away;
The mother spare, she'll breed a future day."
Verse 8
A battlement for thy roof - Houses in the East are in general built with flat roofs, and on them men walk to enjoy the fresh air, converse together, sleep, etc.; it was therefore necessary to have a sort of battlement or balustrade to prevent persons from falling off. If a man neglected to make a sufficient defense against such accidents, and the death of another was occasioned by it, the owner of the house must be considered in the light of a murderer.
Verse 9
Divers seeds - See the note on [Lev 19:19].
Verse 10
Thou shalt not plough with an ox and an ass - It is generally supposed that mixtures of different sorts in seed, breed, etc., were employed for superstitious purposes, and therefore prohibited in this law. It is more likely, however, that there was a physical reason for this; two beasts of a different species cannot associate comfortably together, and on this ground never pull pleasantly either in cart or plough; and every farmer knows that it is of considerable consequence to the comfort of the cattle to put those together that have an affection for each other. This may be very frequently remarked in certain cattle, which, on this account, are termed true yoke-fellows. After all, it is very probable that the general design was to prevent improper alliances in civil and religious life. And to this St. Paul seems evidently to refer, [2Cor 6:14] : Be ye not unequally yoked with unbelievers; which is simply to be understood as prohibiting all intercourse between Christians and idolaters in social, matrimonial, and religious life. And to teach the Jews the propriety of this, a variety of precepts relative to improper and heterogeneous mixtures were interspersed through their law, so that in civil and domestic life they might have them ever before their eyes.
Verse 12
Fringes - See on [Num 15:38] (note).