Deuteronomy 20
Deuteronomy 20:10-18 10. When thou comest nigh unto a city to fight against it, then proclaim peace unto it. 10. Quum accesseris ad urbem ut expugnes illam, clamabis ad eam pacem. 11. And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee. 11. Et erit, si pacem responderit tibi, et aperuit tibi, universus populus qui fuerit repertus in ea, erunt tibi tributarii, servientque tibi. 12. And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it: 12. Si vero pacem non fecerit tecum, sed faciet tecum praelium, obsederisque eam; 13. And when the Lord thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword: 13. Et dederit eam Jehova Deus tuus in manu tua: tunc percuties omnem masculum ejus acie gladii. 14. But the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself: and thou shalt eat the spoil of thine enemies, which the Lord thy God hath given thee. 14. Tantum mulieres, et parvulos, et animalia, et quicquid fuerit in urbe, omnia spolia ejus praedaberis tibi: comedesque spolia inimicorum tuorum, quos dederit tibi Jehova Deus tuus. 15. Thus shalt thou do unto all the cities which are very far off from thee, which are not of the cities of these nations. 15. Sic facies omnibus urbibus longinquis a te valde, quae non sunt de urbibus gentium istarum. 16. But of the cities of these people, which the Lord thy God doth give thee. for an inheritance, thou shalt save alive nothing that breatheth. 16. Tantum de urbibus populorum istorum quos Jehova Deus tuus dat tibi in haereditatem, non vivificabis ullam animam: 17. But thou shalt utterly destroy them; namely, the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites, as the Lord thy God hath commanded thee: 17. Sed perdendo perdes eos, Hitthaeum, Amorrhaeum, Chananaeum et Perisaeum, Hivaeum, et Jebusaeum, quemadmodum praecepit tibi Jehova Deus tuus: 18. That they teach you not to do after all their abominations, which they have done unto their gods; so should ye sin against the Lord your God. 18. Ne doceant vos facere secundum abominationes suas quas faciunt diis suis: et peccetis in Jehovam Deum vestrum.
10. When thou goest forth to war. He now teaches that, even in lawful wars, cruelty is to be repressed, and bloodshed to be abstained from as much as possible. He therefore commands that, when they shall have come to take a city, they should first of all exhort its inhabitants to obtain peace by capitulating; and if they should do so, to keep them alive, and to be content with imposing a tribute on them. This principle of equity was naturally implanted in all nations; hence heralds took their rise, nor did they commence a just war without a solemn proclamation. Besides, inasmuch as the word hostis (an enemy) formerly signified a foreigner (peregrinum,) the Romans mitigated by its mildness the sadness of the reality. On this ground they deemed that faith was to be kept with an enemy; and that sentiment of Cicero is worthy of praise, “that wars must not be undertaken except that we may live in unmolested peace.”
But if God would have his people mindful of humanity in the very midst of the din of arms, we may hence infer how greatly displeasing to Him is human bloodshed. Even those whom He has armed with his authority, He would still have disposed to clemency, and He represses their ardor, lest they should stain with blood the swords given them by His permission. How, then, shall it be lawful for a private person to assume the sword for the purpose of killing his brother? We now understand the object of the instructions here given, and how appropriately they are connected with the Sixth Commandment.
12. And if he will make no peace. The permission here given seems to confer too great a license; for, since heathen writers command even the conquered to be spared, and enjoin that those should be admitted to mercy who lay down their arms, and cast themselves on the good faith of the General, although the battering-ram may have actually made a breach in the wall, how does God, the Father of mercies, give His sanction to indiscriminate bloodshed? It has already been stated, that more was conceded to the Jews on account of their hardness of heart, than was justly lawful for them. Unquestionably, by the law of charity, even armed men should be spared, if, casting away the sword, they crave for mercy; at any rate it was not lawful to kill any but those who were taken in arms, and sword in hand. This permission, therefore, to slaughter, which is extended to all the males, is far distant from perfection. But, although in their ferocity the Jews would have hardly suffered the perfection of equity to be prescribed to them, still God would at least restrain their excessive violence from proceeding to the extremity of cruelty. The question is as to cities taken by force, where it sometimes happens that there is no distinction of sex or age regarded; this inhumanity is here mitigated, since they might not kill either women or children.
15. Thus shalt thou do unto all the cities. An exception is introduced, that the Jews should not apply the common laws of war to the Canaanitish nations, with respect to whose extermination the sentence had passed. For God had not only armed the Jews to carry on war with them, but had appointed them to be the ministers and executioners of His vengeance. We have elsewhere explained that there were just causes why He would have their race and memory radically destroyed; especially since He had borne with them for four hundred years, whilst in their wicked obstinacy they had not ceased to grow worse and worse, from whence their desperate impiety was manifest. What had been said before is here, however, repeated, i e., that since that land was consecrated to God’s service, its inhabitants were to be exterminated, who could do nothing but contaminate it; and therefore this would be profitable for the Israelites, lest by their wiles they should be attracted to false superstitions.
Deuteronomy 23:15,16
Deuteronomy 23
Deuteronomy 23:15, 16 15. Thou shalt not deliver unto his master the servant which is escaped from his master unto thee: 15. Non trades servum domino suo, qui se ad te eripuerit a domino suo. 16. He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not oppress him. 16. Tecum habitabit in medio tui, in loco quem elegerit in una urbium tuarum prout placuerit, nec vim inferes ei.
Although this Law has a tendency to humanity and kindness, it still does not appear to be altogether just. Since many masters oppressed their slaves with tyrannical arrogance, their wickedness rendered it necessary to afford some alleviation to the poor creatures. Thus slaves were permitted to take refuge in temples, and at Rome at the statues of the Caesars, so that if they proved themselves to have been treated with injustice and inhumanity, they might, when their case was proved, be transferred by sale to merciful masters. This, indeed, was endurable, but the refuge which is here granted to slaves defrauds their masters of their just right; since, without their case being heard, they have liberty given them to reside in the land of Canaan; thus, too, the law of nations is violated, since the land is opened to every fugitive. Besides, since runaway slaves are generally wicked and criminal, whatever place may be their asylum, it will be filled with many sources of infection. I know not whether there is sufficient foundation for the opinion of some who think that the slaves were exempted by privilege from their former servitude, in order that they might give themselves up to God’s service, and that thus true religion might be propagated. It certainly does not seem consistent that filth and refuse of every sort should be received into the Church, because, in the end, it would have been filled with all kinds of corruptions; and besides, it was by no means decorous that whatever crime had been elsewhere committed should be sheltered under God’s name. For, suppose a thief, or an adulterer, or a murderer, should leave his master, and seek for an asylum in the Holy Land, what else would it have been to receive and protect such guests, but to overthrow law and justice, and to set up a state of foul barbarism? I think, therefore, that more is to be understood than the words express, viz., that, if it should be found that the slaves had not fled in consequence of their own evil doings, but on account of the excessive cruelty of their masters, the people should not drive them away, which would have been tantamount to giving them up to butchery. And, in fact, it may be inferred that judicial proceedings were to be instituted, because a choice is given as to the city in which they prefer to dwell.
Religion, indeed, stood them in some stead, because those who sought a place and home in the land of Canaan, were obliged to dedicate themselves to God, and to be initiated in His worship; still, God would never have allowed His name to be profaned by the reception of wicked persons without discrimination. Wherefore, as I briefly slated before, God inculcates humanity upon His people, lest, by the extradition of fugitive slaves, they should be necessary to the cruelty of others; because their masters would have been their executioners; and, since lie forbids the people from ill-treating them, He implies, by these words, that He only so far provides for the safety of these wretched beings, as to allow them to defend their innocence in a court of justice; wherefore I have thought fit to place this law amongst the Supplements of the Sixth Commandment.
Deuteronomy 22:6,7
Deuteronomy 22
Deuteronomy 22:6, 7 6. If a bird’s nest chance to be before thee in the way in any tree, or on the ground, whether they be young ones or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young: 6. Quum occurrerit tibi nidus avium in via in quavis arbore, aut super terram ubi pulli vel ova, et mater cubet super pullos aut super ova: non accipies matrem cum filiis: 7. But thou shalt in any wise let the dam go, and take the young to thee; that it may be well with thee, and that thou mayest prolong thy days. 7. Sed dimittendo dimittes matrem, pullos autem capies tibi, ut bene sit tibi et producas dies.
Since by this precept God instructed His people in the, law of kindness, it is a Supplement to the Sixth Commandment. Regard was had, indeed, to the preservation of the breed; but, besides, when birds are sitting, as being very lean, it is certain that they are not wholesome food; still there is no question but that it was God’s intention to accustom His people to study humanity. For, if there be one drop of compassion in us, it will never enter into our minds to kill an unhappy little bird, which so burns either with the desire of offspring, or with love towards its little ones, as to be heedless of its life, and to prefer endangering itself to the desertion of its eggs, or its brood. Wherefore, it is not to be doubted but that in this elementary lesson, God prohibited His people from savageness and cruelty.
Exodus 23:5; Deuteronomy 22:4
Exodus 23
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.
Deuteronomy 22
Deuteronomy 22:4 4. Thou shalt not see thy brother’s ass or his ox fall down by the way, and hide thyself from them; thou shalt surely help him to lift them up again. 4. Non videbis asinum fratris tui aut boves ejus jacentes in via, et abscondes te ab eis: erigendo eriges cum eo.
By this law also, God exhorts His people to exercise the duties of humanity towards brute animals, in order that they may be the more disposed to assist their brethren; for we must bear in memory what Paul teaches, where God commands oxen to be kindly treated, viz., that He does not care so much for them in this, as for mankind. (1 Corinthians 9:9.) God prescribes elsewhere, that if any should see the ox or ass of his brother, or even of his enemy, going astray, he should catch it, and restore it to its master, (Deuteronomy 22:1-3, and Exodus 23:4;) but here He had another intention, i.e., that believers should testify their forgiveness of their enemies, by being merciful to their animals. If it had been simply said, that our enemies were to be helped, and that we must contend with them by acts of kindness, to overcome their ill-will, all cruelty would have been sufficiently condemned; but when God commands us not only to succor our enemies, to point out their way to those who are straying, and to lift up those who are fallen, but would also have us exercise these kindnesses to their very beasts, He more emphatically and strongly expresses how very far removed from hatred and the desire of vengeance He desires His children to be. Wherefore we see that what Christ afterwards taught His disciples is taught also in the Law, that we should love our enemies. (Matthew 5:44.) Nor is it merely the desire of vengeance which is here restrained, but something more is required, viz., that believers should conquer the ill-will of their enemies by kindnesses: since to bring back a straying ox or ass is a proof of sincere affection. But, in these two passages, what relates to the Sixth Commandment is represented in a more striking manner, viz., that assistance should be rendered to an ox or an ass, weighed down by its burden. Interpreters are not agreed as to the meaning of the words, and Jerome has departed most widely from them. But others, who desire to translate them more accurately, read them interrogatively, — If thou shall see an animal fall under its burden, etc., wilt thou hesitate to help? The other sense seems more appropriate, — If thou shall; have seen and have hesitated to help, still do thou help: for in this way God anticipates a person, if, perchance, impelled at first by hatred, he should dislike to help his enemy: and then commands him to correct his guilty thought. The meaning, therefore, will be, — if the sight of thine enemy should delay thee from aiding his beast, lay aside thine ill-will, and unite thyself with him, that you may together be humane and merciful to the wretched animal. Thus an opportunity was given to enemies for their mutual reconciliation. There is another difficulty in the word גזב, gnazab, which, although it means to leave, still, in my judgment, is used for to assist, or to give help: although it is not translated amiss, to let fro, or to loose: or, if it be preferred, to strengthen; in which sense it is sometimes found.