3. this shall be the priest's due from the people--All who offered sacrifices of thanksgiving or peace offerings ([Le 7:31-33]) were ordered to give the breast and shoulder as perquisites to the priests. Here "the two cheeks" or head and "the maw" or stomach, deemed anciently a great dainty, are specified. But whether this is a new injunction, or a repetition of the old with the supplement of more details, it is not easy to determine.
6-8. if a Levite ... come with all the desire of his mind--It appears that the Levites served in rotation from the earliest times; but, from their great numbers, it was only at infrequent intervals they could be called into actual service. Should any Levite, however, under the influence of eminent piety, resolve to devote himself wholly and continually to the sacred duties of the sanctuary, he was allowed to realize his ardent wishes; and as he was admitted to a share of the work, so also to a share of the remuneration. Though he might have private property, that was to form no ground for withholding or even diminishing his claim to maintenance like the other ministering priests. The reason or principle of the enactment is obvious ([1Co 9:13]). At the same time, while every facility was afforded for the admission of such a zealous and self-denying officer, this admission was to be in an orderly manner: he was to minister "as all his brethren"--that is, a Gershonite with Gershonites; a Merarite with Merarites; so that there might be no derangement of the established courses.
De 18:9-14. The Abominations of the Nations Are to Be Avoided
9-14. thou shalt not learn to do after the abominations of those nations--(See on [Le 18:21]; [Le 19:26]; [Le 19:31]; [Le 20:4]). In spite of this express command, the people of Canaan, especially the Philistines, were a constant snare and stumbling block to the Israelites, on account of their divinations and superstitious practices.
De 18:15-19. Christ the Prophet Is to Be Heard
15-19. The Lord thy God will raise up unto thee a prophet--The insertion of this promise, in connection with the preceding prohibition, might warrant the application (which some make of it) to that order of true prophets whom God commissioned in unbroken succession to instruct, to direct, and warn His people; and in this view the purport of it is, "There is no need to consult with diviners and soothsayers, as I shall afford you the benefit of divinely appointed prophets, for judging of whose credentials a sure criterion is given" ([De 18:20-22]). But the prophet here promised was pre-eminently the Messiah, for He alone was "like unto Moses" (see on [De 34:10]) "in His mediatorial character; in the peculiar excellence of His ministry; in the number, variety, and magnitude of His miracles; in His close and familiar communion with God; and in His being the author of a new dispensation of religion." This prediction was fulfilled fifteen hundred years afterwards and was expressly applied to Jesus Christ by Peter ([Ac 3:22], ), and by Stephen ([Ac 7:37]).
Chapter 19
De 19:1-13. Of the Cities of Refuge
2. Thou shalt separate three cities for thee in the midst of thy land--Goelism, or the duty of the nearest kinsmen to avenge the death of a slaughtered relative, being the customary law of that age (as it still is among the Arabs and other people of the East), Moses incorporated it in an improved form with his legislative code. For the protection of the unintentional homicide, he provided certain cities of refuge--three had been destined for this purpose on the east of Jordan ([De 4:41]; [Nu 35:11]); three were to be invested with the same privilege on the west of that river when Canaan should be conquered.
in the midst of thy land--in such a position that they would be conspicuous and accessible, and equidistant from the extremities of the land and from each other.
3. Thou shalt prepare thee a way--The roads leading to them were to be kept in good condition and the brooks or rivers to be spanned by good bridges; the width of the roads was to be thirty-two cubits; and at all the crossroads signposts were to be erected with the words, Mekeleth, Mekeleth, "refuge, refuge," painted on them.
divide the coasts of thy land ... into three parts--the whole extent of the country from the south to the north. The three cities on each side of Jordan were opposite to each other, "as two rows of vines in a vineyard" (see on [Jos 20:7]).
6-7. Lest the avenger of the blood pursue the slayer, while his heart is hot--This verse is a continuation of [De 19:3] (for [De 19:4], , which are explanatory, are in a parenthetical form), and the meaning is that if the kinsman of a person inadvertently killed should, under the impulse of sudden excitement and without inquiring into the circumstances, inflict summary vengeance on the homicide, however guiltless, the law tolerated such an act; it was to pass with impunity. But to prevent such precipitate measures, the cities of refuge were established for the reception of the homicide, that "innocent blood might not be shed in thy land" ([De 19:10]). In the case of premeditated murder ([De 19:11], ), they afforded no immunity; but, if it were only manslaughter, the moment the fugitive was within the gates, he found himself in a safe asylum ([Nu 35:26-28]; [Jos 20:6]).
8-9. And if the Lord thy God enlarge thy coast--Three additional sanctuaries were to be established in the event of their territory extending over the country from Hermon and Gilead to the Euphrates (see [Ge 15:18]; [Ex 23:31]). But it was obscurely hinted that this last provision would never be carried into effect, as the Israelites would not fulfil the conditions, namely, "that of keeping the commandments, to love the Lord, and walk ever in his ways." In point of fact, although that region was brought into subjection by David and Solomon, we do not find that cities of refuge were established; because those sovereigns only made the ancient inhabitants tributary, instead of sending a colony of Israelites to possess it. The privilege of sanctuary cities, however, was given only for Israelites; and besides, that conquered territory did not remain long under the power of the Hebrew kings.
De 19:14. The Landmark Is Not to Be Removed
14. Thou shalt not remove thy neighbour's landmark, which they of old have set in thine inheritance--The state of Palestine in regard to enclosures is very much the same now as it has always been. Though gardens and vineyards are surrounded by dry-stone walls or hedges of prickly pear, the boundaries of arable fields are marked by nothing but by a little trench, a small cairn, or a single erect stone, placed at certain intervals. It is manifest that a dishonest person could easily fill the gutter with earth, or remove these stones a few feet without much risk of detection and so enlarge his own field by a stealthy encroachment on his neighbor's. This law, then, was made to prevent such trespasses.
De 19:15. Two Witnesses Required
15. One witness shall not rise up against a man for any iniquity--The following rules to regulate the admission of testimony in public courts are founded on the principles of natural justice. A single witness shall not be admitted to the condemnation of an accused person.
De 19:16-21. Punishment of a False Witness
16-21. But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on [Ex 21:23]; see also [Le 24:20]).
Chapter 20
De 20:1-20. The Priests' Exhortation to Encourage the People to Battle
1. When thou goest out to battle against thine enemies--In the approaching invasion of Canaan, or in any just and defensive war, the Israelites had reason to expect the presence and favor of God.
2-4. when ye are come nigh unto the battle, that the priest shall approach and speak unto the people--Jewish writers say that there was a war priest appointed by a special ceremonial to attend the army. It was natural that the solemn objects and motives of religion should have been applied to animate patriotism, and so give additional impulse to valor; other people have done this. But in the case of Israel, the regular attendance of a priest on the battlefield was in accordance with their theocratic government, in which everything was done directly by God through His delegated ministers. It was the province of this priest to sound the trumpets ([Nu 10:9]; ), and he had others under him who repeated at the head of each battalion the exhortations which he addressed to the warriors in general. The speech ([De 20:3], ) is marked by a brevity and expressiveness admirably suited to the occasion, namely, when the men were drawn up in line.
5-8. And the officers shall speak unto the people--literally, Shoterim, who are called "scribes" or "overseers" ([Ex 5:6]). They might be keepers of the muster-roll, or perhaps rather military heralds, whose duty it was to announce the orders of the generals ([2Ch 26:11]). This proclamation ([De 20:5-8]) must have been made previous to the priest's address, as great disorder and inconvenience must have been occasioned if the serried ranks were broken by the departure of those to whom the privilege was granted. Four grounds of exemption are expressly mentioned: (1) The dedication of a new house, which, as in all Oriental countries still, was an important event, and celebrated by festive and religious ceremonies ([Ne 12:27]); exemption for a year. (2) The planting of a vineyard. The fruit of the first three years being declared unfit for use, and the first-fruits producible on the fourth, the exemption in this case lasted at least four years. (3) The betrothal of a wife, which was always a considerable time before marriage. It was deemed a great hardship to leave a house unfinished, a new property half cultivated, and a recently contracted marriage; and the exemptions allowed in these cases were founded on the principle that a man's heart being deeply engrossed by something at a distance, he would not be very enthusiastic in the public service. (4) The ground of exemption was cowardice. From the composition of the Israelitish army, which was an irregular militia, all above twenty years being liable to serve, many totally unfit for war must have been called to the field; and it was therefore a prudential arrangement to rid the army of such unwarlike elements--persons who could render no efficient service, and the contagion of whose craven spirit might lead to panic and defeat.
9. they shall make captains of the armies to lead the people--When the exempted parties have withdrawn, the combatants shall be ranged in order of battle.
10-20. When thou comest nigh unto a city to fight against it, then proclaim peace unto it--An important principle is here introduced into the war law of Israel regarding the people they fought against and the cities they besieged. With "the cities of those people which God doth give thee" in Canaan, it was to be a war of utter extermination ([De 20:17], ). But when on a just occasion, they went against other nations, they were first to make a proclamation of peace, which if allowed by a surrender, the people would become dependent [De 20:11], and in the relation of tributaries the conquered nations would receive the highest blessings from alliance with the chosen people; they would be brought to the knowledge of Israel's God and of Israel's worship, as well as a participation of Israel's privileges. But if the besieged city refused to capitulate and be taken, a universal massacre was to be made of the males while the women and children were to be preserved and kindly treated ([De 20:13], ). By this means a provision was made for a friendly and useful connection being established between the captors and the captives; and Israel, even through her conquests, would prove a blessing to the nations.
Chapter 21
De 21:1-9. Expiation of Uncertain Murder
1-6. If one be found slain ... lying in the field, and it be not known who hath slain him--The ceremonies here ordained to be observed on the discovery of a slaughtered corpse show the ideas of sanctity which the Mosaic law sought to associate with human blood, the horror which murder inspired, as well as the fears that were felt lest God should avenge it on the country at large, and the pollution which the land was supposed to contract from the effusion of innocent, unexpiated blood. According to Jewish writers, the Sanhedrin, taking charge of such a case, sent a deputation to examine the neighborhood. They reported to the nearest town to the spot where the body was found. An order was then issued by their supreme authority to the elders or magistrates of that town, to provide the heifer at the civic expense and go through the appointed ceremonial. The engagement of the public authorities in the work of expiation, the purchase of the victim heifer, the conducting it to a "rough valley" which might be at a considerable distance, and which, as the original implies, was a wady, a perennial stream, in the waters of which the polluting blood would be wiped away from the land, and a desert withal, incapable of cultivation; the washing of the hands, which was an ancient act symbolical of innocence--the whole of the ceremonial was calculated to make a deep impression on the Jewish, as well as on the Oriental, mind generally; to stimulate the activity of the magistrates in the discharge of their official duties; to lead to the discovery of the criminal, and the repression of crime.
De 21:10-23. The Treatment of a Captive Taken to Wife
10-14. When thou goest to war ... and seest among the captives a beautiful woman ... that thou wouldest have her to thy wife--According to the war customs of all ancient nations, a female captive became the slave of the victor, who had the sole and unchallengeable control of right to her person. Moses improved this existing usage by special regulations on the subject. He enacted that, in the event that her master was captivated by her beauty and contemplated a marriage with her, a month should be allowed to elapse, during which her perturbed feelings might be calmed, her mind reconciled to her altered condition, and she might bewail the loss of her parents, now to her the same as dead. A month was the usual period of mourning with the Jews, and the circumstances mentioned here were the signs of grief--the shaving of the head, the allowing the nails to grow uncut, the putting off her gorgeous dress in which ladies, on the eve of being captured, arrayed themselves to be the more attractive to their captors. The delay was full of humanity and kindness to the female slave, as well as a prudential measure to try the strength of her master's affections. If his love should afterwards cool and he become indifferent to her person, he was not to lord it over her, neither to sell her in the slave market, nor retain her in a subordinate condition in his house; but she was to be free to go where her inclinations led her.
15-17. If a man have two wives, one beloved, and another hated--In the original and all other translations, the words are rendered "have had," referring to events that have already taken place; and that the "had" has, by some mistake, been omitted in our version, seems highly probable from the other verbs being in the past tense--"hers that was hated," not "hers that is hated"; evidently intimating that she (the first wife) was dead at the time referred to. Moses, therefore, does not here legislate upon the case of a man who has two wives at the same time, but on that of a man who has married twice in succession, the second wife after the decease of the first; and there was an obvious necessity for legislation in these circumstances; for the first wife, who was hated, was dead, and the second wife, the favorite, was alive; and with the feelings of a stepmother, she would urge her husband to make her own son the heir. This case has no bearing upon polygamy, which there is no evidence that the Mosaic code legalized.
18-21. If a man have a stubborn and rebellious son--A severe law was enacted in this case. But the consent of both parents was required as a prevention of any abuse of it; for it was reasonable to suppose that they would not both agree to a criminal information against their son except from absolute necessity, arising from his inveterate and hopeless wickedness; and, in that view, the law was wise and salutary, as such a person would be a pest and nuisance to society. The punishment was that to which blasphemers were doomed [Le 24:23]; for parents are considered God's representatives and invested with a portion of his authority over their children.
22-23. if a man have committed a sin ... and thou hang him on a tree--Hanging was not a Hebrew form of execution (gibbeting is meant), but the body was not to be left to rot or be a prey to ravenous birds; it was to be buried "that day," either because the stench in a hot climate would corrupt the air, or the spectacle of an exposed corpse bring ceremonial defilement on the land.
Chapter 22
De 22:1-4. Of Humanity toward Brethren
1. Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them, &c.--"Brother" is a term of extensive application, comprehending persons of every description; not a relative, neighbor, or fellow countryman only, but any human being, known or unknown, a foreigner, and even an enemy ([Ex 23:4]). The duty inculcated is an act of common justice and charity, which, while it was taught by the law of nature, was more clearly and forcibly enjoined in the law delivered by God to His people. Indifference or dissimulation in the circumstances supposed would not only be cruelty to the dumb animals, but a violation of the common rights of humanity; and therefore the dictates of natural feeling, and still more the authority of the divine law, enjoined that the lost or missing property of another should be taken care of by the finder, till a proper opportunity occurred of restoring it to the owner.
De 22:5-12. The Sex to Be Distinguished by Apparel
5. The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment--Though disguises were assumed at certain times in heathen temples, it is probable that a reference was made to unbecoming levities practised in common life. They were properly forbidden; for the adoption of the habiliments of the one sex by the other is an outrage on decency, obliterates the distinctions of nature by fostering softness and effeminacy in the man, impudence and boldness in the woman as well as levity and hypocrisy in both; and, in short, it opens the door to an influx of so many evils that all who wear the dress of another sex are pronounced "an abomination unto the Lord."
6-7. If a bird's nest chance to be before thee--This is a beautiful instance of the humanizing spirit of the Mosaic law, in checking a tendency to wanton destructiveness and encouraging a spirit of kind and compassionate tenderness to the tiniest creatures. But there was wisdom as well as humanity in the precept; for, as birds are well known to serve important uses in the economy of nature, the extirpation of a species, whether of edible or ravenous birds, must in any country be productive of serious evils. But Palestine, in particular, was situated in a climate which produced poisonous snakes and scorpions; and the deserts and mountains would have been overrun with them as well as immense swarms of flies, locusts, mice, and vermin of various kinds if the birds which fed upon them were extirpated [Michaelis]. Accordingly, the counsel given in this passage was wise as well as humane, to leave the hen undisturbed for the propagation of the species, while the taking of the brood occasionally was permitted as a check to too rapid an increase.
8. thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence--The tops of houses in ancient Judea, as in the East still, were flat, being composed of branches or twigs laid across large beams, and covered with a cement of clay or strong plaster. They were surrounded by a parapet breast high. In summer the roof is a favorite resort for coolness, and accidents would frequently happen from persons incautiously approaching the edge and falling into the street or court; hence it was a wise and prudent precaution in the Jewish legislator to provide that a stone balustrade or timber railing round the roof should form an essential part of every new house.
9. Thou shalt not sow thy vineyard with divers seeds--(See on [Le 19:19]).
10. Thou shalt not plough with an ox and an ass together--Whether this association, like the mixture of seeds, had been dictated by superstitious motives and the prohibition was symbolical, designed to teach a moral lesson ([2Co 6:14]), may or may not have been the case. But the prohibition prevented a great inhumanity still occasionally practised by the poorer sort in Oriental countries. An ox and ass, being of different species and of very different characters, cannot associate comfortably, nor unite cheerfully in drawing a plough or a wagon. The ass being much smaller and his step shorter, there would be an unequal and irregular draft. Besides, the ass, from feeding on coarse and poisonous weeds, has a fetid breath, which its yoke fellow seeks to avoid, not only as poisonous and offensive, but producing leanness, or, if long continued, death; and hence, it has been observed always to hold away its head from the ass and to pull only with one shoulder.
11. thou shalt not wear a garment of divers sorts--The essence of the crime ([Zep 1:8]) consisted, not in wearing a woollen and a linen robe, but in the two stuffs being woven together, according to a favorite superstition of ancient idolaters (see on [Le 19:19]).