While the people continued to stand afar off - Afraid of God's wrath, Moses drew near unto the thick darkness; he was made to draw near, so the word is: Moses of himself durst not have ventured into the thick darkness if God had not called him, and encouraged him, and, as some of the Rabbins suppose, sent an angel to take him by the hand, and lead him up.
Moses being gone into the thick darkness where God was, God there spoke in his hearing only, all that follows from hence to the end of chap. 23, which is mostly an exposition of the ten commandments; and he was to transmit it to the people. The laws in these verses relate to God's worship. Ye have seen that I have talked with you from heaven - Such was his wonderful condescension; ye shall not make gods of silver - This repetition of the second commandment comes in here, because they were more addicted to idolatry than to any other sin.
An altar of earth - It is meant of occasional altars, such as they reared in the wilderness before the tabernacle was erected, and afterwards upon special emergencies, for present use. They are appointed to make these very plain, either of earth or of unhewn stones. That they might not be tempted to think of a graven image, they must not so much as hew the stones into shape, that they made their altars of, but pile them up as they were in the rough. In all places where I record my name - Or where my name is recorded, that is, where I am worshipped in sincerity, I will come unto thee, and will bless thee.
Neither shall thou go at by steps unto mine altar - Indeed afterwards God appointed an altar ten cubits high. But it is probable, they went not up to that by steps, but by a sloping ascent.
The first verse is the general title of the laws contained in this and the two following chapters. Their government being purely a theocracy; that which in other states is to be settled by human prudence, was directed among them by a divine appointment. These laws are called judgments; because their magistrates were to give judgment according to them. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God, but now God gave him statutes in general, by which to determine particular cases. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves, and now they were become not only their own matters, but masters of servants too; lest they should abuse their servants as they themselves had been abused, provision was made for the mild and gentle usage of servants.
If thou buy an Hebrew servant - Either sold by him or his parents through poverty, or by the judges for his crimes, yet even such a one was to continue in slavery but seven years at the most.
For ever - As long as he lives, or till the year of Jubilee.
Who hath betrothed her to himself - For a concubine, or secondary Wife. Not that Masters always took Maid - servants on these terms.
After the manner of daughters - He shall give her a portion, as to a daughter.
Direction is given what should be done, if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the Negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound, yet if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances.
Eye for eye - The execution of this law is not put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion. The tradition of the elders seems to have put this corrupt gloss upon it. But magistrates had an eye to this rule in punishing offenders, and doing right to those that are injured.
Five oxen for an ox, and four sheep for a sheep - More for an ox than for a sheep, because the owner, besides all the other profit, lost the daily labour of his ox. If we were not able to make restitution, he must be sold for a slave: the court of judgment was to do it, and it is likely the person robbed received the money. Thus with us in some cases, felons are transported to the Plantations, where only, Englishmen know what slavery is. But let it be observed, the sentence is not slavery, but banishment: nor can any Englishman be sold, unless he first indent himself to the captain that carries him over.
If a thief broke a house in the night, and was killed in the doing it, his blood was upon his own head. But if it were in the day - time that the thief was killed, he that killed him was accountable for it, unless it were in the necessary defence of his own life.
For he should make full restitution - This the law determined: not that he should die.
In his hand alive - Not killed, nor sold, as Ex 22:1, so that the owner recover it with less charge and trouble.
He that wilfully put his cattle into his neighbour's field, must make restitution of the best of his own. The Jews hence observed it as a general rule, that restitution must always be made of the best; and that no man should keep any cattle that were likely to trespass upon his neighbour, or do him any damage.
He that designed only the burning of thorns might become accessary to the burning of corn, and should not be held guiltless. If the fire did mischief, he that kindled it must answer for it, though it could not be proved that he designed the mischief. Men must suffer for their carelessness, as well as for their malice. It will make us very careful of ourselves, if we consider that we are accountable not only for the hurt we do, but for the hurt we occasion through inadvertency.
If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse - keeper to be preserved, or cattle to a farmer to be fed upon a valuable consideration, and a special confidence reposed in the person they are lodged with; in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss, otherwise he that has been false to his trust must be compelled to make satisfaction.
If a man (suppose) lent his team to his neighbour, if the owner were with it, or were to receive profit for the loan of it, whatever harm befel the cattle the owner must stand to the loss of it: but if the owner were so kind to the borrower as to lend it him gratis, and put such a confidence in him as to trust it from under his own eye, then, if any harm happened, the borrower must make it good. Learn hence to be very careful not to abuse any thing that is lent to us; it is not only unjust but base and disingenuous, we should much rather chuse to lose ourselves, than that any should sustain loss by their kindness to us.
If the father refused, he shall pay money - This shews how ill a thing it is, and by no means to be allowed, that children should marry without their parents consent: even here where the divine law appointed the marriage, both as a punishment to him that had done wrong, and a recompence to her that had suffered wrong, yet there was an express reservation for the father's power; if he denied his consent, it must be no marriage.
Witchcraft not only gives that honour to the devil which is due to God alone, but bids defiance to the divine providence, wages war with God's government, puts his work into the devil's hand expecting him to do good and evil. By our law, consulting, covenanting with, invocating or employing any evil spirit to any intent whatever, and exercising any enchantment, charm, or sorcery, whereby hurt shall be done to any person, is made felony, without benefit of clergy; also pretending to tell where goods lost or stolen may be found, is an iniquity punishable by the judge, and the second offence with death. This was the case in former times. But we are wiser than our fore - fathers. We believe, no witch ever did live! At least, not for these thousand years.
A stranger must not be abused, not wronged in judgment by the magistrates, not imposed upon in contracts, nor any advantage taken of his ignorance or necessity, no, nor must he be taunted, or upbraided with his being a stranger; for all these were vexations. For ye were strangers in Egypt - And knew what it was to be vexed and oppressed there. Those that have themselves been in poverty and distress, if Providence enrich and enlarge them, ought to shew a particular tenderness towards those that are now in such circumstances as they were in formerly, now doing to them as they then wished to be done by.
Ye shall not afflict the widow or fatherless child - That is, ye shall comfort and assist them, and be ready upon all occasions to shew them kindness. In making just demands from them, their condition must be considered who have lost those that should protect them: they are supposed to be unversed in business, destitute of advice, timorous, and of a tender spirit; and therefore must be treated with kindness and compassion, and no advantage taken against them, nor any hardship put upon them, which a husband or a father would have sheltered them from.
If thou lend - They must not receive use for money from any that borrowed for necessity. And such provision the law made for the preserving estates to their families by the year of Jubilee, that a people who had little concern in trade could not be supposed to borrow money but for necessity; therefore it was generally forbidden among themselves; but to a stranger they were allowed to lend upon usury. This law therefore in the strictness of it seems to have been peculiar to the Jewish state; but in the equity of it, it obligeth us to shew mercy to those we have advantage against, and to be content to share with those we lend to in loss as well as profit, if Providence cross them: and upon this condition it seems as lawful to receive interest for my money, which another takes pains with, and improves, as it is to receive rent for my land, which another takes pains with, and improves, for his own use. They must not take a poor man's bed - clothes in pawn; but if they did, must restore them by bed - time.
Thou shalt not revile the gods - That is, the judges and magistrates. Princes and magistrates are our fathers, whom the fifth commandment obligeth us to honour, and forbids us to revile. St. Paul applies this law to himself, and owns that he ought not to speak evil of the ruler of his people, no, not though he was then his most unrighteous persecutor, Acts 23:5.
The first - born of thy sons shalt thou give unto me - And much more reason have we to give ourselves and all we have to God, who spared not his own Son, but delivered him up for us all. The first ripe of their corn they must not delay to offer; there is danger if we delay our duty, lest we wholly omit it; and by slipping the first opportunity in expectation of another, we suffer Satan to cheat us of all our time.
Ye shall be holy unto me - And one mark of that honourable distinction is appointed in their diet, which was, that they should not eat any flesh that was torn of beasts - Both because the blood was not duly taken out of it, and because the clean beast was ceremonially defiled, by the touch of the unclean.
Thou shalt not raise, the margin reads, Thou shalt not receive a false report, for sometimes the receiver in this case is as bad as the thief; and a backbiting tongue would not do so much mischief, if it were not countenanced. Sometimes we cannot avoid hearing a false report, but we must not receive it, we must not hear it with pleasure, nor easily give credit to it.
Thou shalt not follow a multitude to do evil - General usage will never excuse us in any ill practice; nor is the broad way ever the safer for its being crowded. We must inquire what we ought to do, not what the most do; because we must be judged by our master, not our fellow servants; and it is too great a compliment, to be willing to go to hell for company.
Keep thee far from a false matter - From assisting or abetting an ill thing. Yea, keep thee far from it, dread it as a dangerous snare. I will not justify the wicked - That is, I will condemn him that unjustly condemns others.
Thou shalt not oppress the stranger - Though aliens might not inherit lands among them; yet they must have justice done them. It was an instance of the equity of our law, that if an alien be tried for any crime except treason, the one half of his jury, if he desire it, shall be foreigners; a kind provision that strangers may not be oppressed. For ye know the heart of a stranger - You know something of the griefs and fears of a stranger by sad experience.
The institution of the sabbatical year was designed, To shew what a plentiful land that was, into which God was bringing them, that so numerous a people could have rich maintenance out of the products of so small a country, without foreign trade, and yet could spare the increase of every seventh year. To teach them a confidence in the Divine Providence, while they did their duty, That as the sixth day's manna served for two days meat, so the sixth year's increase should serve for two years subsistence.
In all things that I have said unto you be circumspect - We are in danger of missing our way on the right hand and on the left, and it is at our peril if we do, therefore we have need to look about us. A man may ruin himself through mere carelessness, but he cannot save himself without great care and circumspection; particularly since idolatry was a sin they were much addicted to, and would be greatly tempted to, they must endeavour to blot out the remembrance of the gods of the heathen, and must disuse all their superstitious forms of speech, and never mention them but with detestation. In Christian schools and academies (for it is in vain to think of re - forming the play - houses) it were to be wished that the names and stories of the heathen deities or demons rather were not so commonly and familiarly used.
The Passover, Pentecost, and feast of Tabernacles, in spring, summer, and autumn, were the three times appointed for their attendance; not in winter, because travelling was then uncomfortable; nor in the midst of their harvest.
All thy males - All that were of competent years, and health and strength, and at their own disposal. 'Tis probable, servants were exempt: for none was to appear without an offering: but most of these had nothing to offer.
Some of the Gentiles, at the end of their harvest, seethed a kid in it's dam's milk, and sprinkled that milk - pottage in a magical way upon their gardens and fields, to make them fruitful. But Israel must abhor such foolish customs. Is not this rather forbidden, as having some appearance of cruelty?
Behold, I send an angel before thee - The angel of the covenant: Accordingly the Israelites in the wilderness are said to tempt Christ. It is promised that this blessed anger should keep them in the way, though it lay through a wilderness first, and afterwards through their enemies country; and thus Christ has prepared a place for his followers.
Beware of him, and obey his voice; provoke him not - It is at your peril if you do; for my name - My nature, my authority is in him.
He shall bless thy bread and thy water - And God's blessing will make bread and water more refreshing and nourishing, than a feast of fat things, and wines on the lees, without that blessing. And I will take sickness away - Either prevent it or remove it. Thy land shall not be visited with epidemical diseases, which are very dreadful, and sometimes have laid countries waste.
The number of thy days I will fulfill - And they shall not be cut off in the midst by untimely deaths. Thus hath godliness the promise of the life that now is.
I will send my fear before thee - And they that fear will soon flee. Hosts of hornets also made way for the hosts of Israel; such mean creatures can God make use of for the chastising of his people's enemies.
Worship ye afar off - Before they came near, they must worship. Thus we must enter into God's gates with humble and solemn adorations.
And Moses alone shall come near - Being therein a type of Christ, who as the high priest entered alone into the most holy place. In the following verses we have the solemn covenant made between God and Israel and the exchanging of the ratifications: typifying the covenant of grace between God and believers through Christ.
Moses told the people all the words of the Lord - He laid before them all the precepts, in the foregoing chapters, and put it to them, whether they were willing to submit to these laws or no? And all the people answered, All the words which the Lord hath said we will do - They had before consented in general to be under God's government; here they consent in particular to these laws now given.
And Moses wrote the words of the Lord - That there might be no mistake; as God dictated them on the mount, where, it is highly probable, God taught him the use of letters. These Moses taught the Israelites, from whom they afterwards travelled to Greece and other nations. As soon as God had separated to himself a peculiar people, he governed them by a written word, as he has done ever since, and will do while the world stands. Pillars according to the number of the tribes - These were to represent the people, the other party to the covenant; and we may suppose they were set up over against the altar, and that Moses as mediator passed to and fro between them. Probably each tribe set up and knew its own pillar, and their elders stood by it. He then appointed sacrifices to be offered upon the altar.