Commentary Critical and Explanatory on the Whole Bible

1. The priests the Levites... shall eat the offerings—As the tribe of Levi had no inheritance allotted them like the other tribes but were wholly consecrated to the priestly office, their maintenance was to arise from tithes, first-fruits, and certain portions of the oblations presented on the altar, which God having by express appointment reserved to Himself made over, after being offered, to His ministers.

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.

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.

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, 23), and by Stephen (Ac 7:37).

19. whosoever will not hearken unto my words which he shall speak in my name, I will require it of him—The direful consequences of unbelief in Christ, and disregard of His mission, the Jewish people have been experiencing during eighteen hundred years.

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, 5, 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, 12), 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.

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.

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.

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).

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; 31:6), 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, 4) is marked by a brevity and expressiveness admirably suited to the occasion, namely, when the men were drawn up in line.

4. your God is he that goeth with you, to fight for you against your enemies, to save you—According to Jewish writers, the ark was always taken into the field of combat. But there is no evidence of this in the sacred history; and it must have been a sufficient ground of encouragement to be assured that God was on their side.

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, 18). 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, 14). 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.

19. thou shalt not destroy the trees thereof by forcing an axe against them—In a protracted siege, wood would be required for various purposes, both for military works and for fuel. But fruit-bearing trees were to be carefully spared; and, indeed, in warm countries like India, where the people live much more on fruit than we do, the destruction of a fruit tree is considered a sort of sacrilege.

20. thou shalt build bulwarks against the city that maketh war with thee—It is evident that some sort of military engines were intended; and accordingly we know, that in Egypt, where the Israelites learned their military tactics, the method of conducting a siege was by throwing up banks, and making advances with movable towers, or with the testudo [Wilkinson].

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.

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.

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.

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).

12. thou shalt make thee fringes upon the four quarters—or, according to some eminent biblical interpreters, tassels on the coverlet of the bed. The precept is not the same as Nu 15:38.

13-30. If a man take a wife, &c.—The regulations that follow might be imperatively needful in the then situation of the Israelites; and yet, it is not necessary that we should curiously and impertinently inquire into them. So far was it from being unworthy of God to leave such things upon record, that the enactments must heighten our admiration of His wisdom and goodness in the management of a people so perverse and so given to irregular passions. Nor is it a better argument that the Scriptures were not written by inspiration of God to object that this passage, and others of a like nature, tend to corrupt the imagination and will be abused by evil-disposed readers, than it is to say that the sun was not created by God, because its light may be abused by wicked men as an assistant in committing crimes which they have meditated [Horne].

1-3. He that is wounded..., shall not enter into the congregation of the Lord—"To enter into the congregation of the Lord" means either admission to public honors and offices in the Church and State of Israel, or, in the case of foreigners, incorporation with that nation by marriage. The rule was that strangers and foreigners, for fear of friendship or marriage connections with them leading the people into idolatry, were not admissible till their conversion to the Jewish faith. But this passage describes certain limitations of the general rule. The following parties were excluded from the full rights and privileges of citizenship: (1) Eunuchs—It was a very ancient practice for parents in the East by various arts to mutilate their children, with a view to training them for service in the houses of the great. (2) Bastards—Such an indelible stigma in both these instances was designed as a discouragement to practices that were disgraceful, but too common from intercourse with foreigners. (3) Ammonites and Moabites—Without provocation they had combined to engage a soothsayer to curse the Israelites; and had further endeavored, by ensnaring them into the guilt and licentious abominations of idolatry, to seduce them from their allegiance to God.

3. even to the their tenth generation shall they not enter—Many eminent writers think that this law of exclusion was applicable only to males; at all events that a definite is used for an indefinite number (Ne 13:1; Ru 4:10; 2Ki 10:2). Many of the Israelites being established on the east side of Jordan in the immediate neighborhood of those people, God raised this partition wall between them to prevent the consequences of evil communications. More favor was to be shown to Edomites and Egyptians—to the former from their near relationship to Israel; and to the latter, from their early hospitalities to the family of Jacob, as well as the many acts of kindness rendered them by private Egyptians at the Exodus (Ex 12:36). The grandchildren of Edomite or Egyptian proselytes were declared admissible to the full rights of citizenship as native Israelites; and by this remarkable provision, God taught His people a practical lesson of generosity and gratitude for special deeds of kindness, to the forgetfulness of all the persecution and ill services sustained from those two nations.

9-14. When the host goeth forth against thine enemies, then keep thee from every wicked thing—from the excesses incident to camp life, as well as from habits of personal neglect and impurity.

15, 16. Thou shalt not deliver unto his master the servant which has escaped from his master unto thee—evidently a servant of the Canaanites or some of the neighboring people, who was driven by tyrannical oppression, or induced, with a view of embracing the true religion, to take refuge in Israel.

19, 20. Thou shalt not lend upon usury to thy brother... Unto a stranger thou mayest lend upon usury—The Israelites lived in a simple state of society, and hence they were encouraged to lend to each other in a friendly way without any hope of gain. But the case was different with foreigners, who, engaged in trade and commerce, borrowed to enlarge their capital, and might reasonably be expected to pay interest on their loans. Besides, the distinction was admirably conducive to keeping the Israelites separate from the rest of the world.

21, 22. When thou shalt vow a vow—(See on Nu 30:2).

24, 25. When thou comest into thy neighbour's vineyard, then thou mayest eat grapes thy fill at thine own pleasure—Vineyards, like cornfields mentioned in the next verse [De 23:25], were often unenclosed. In vine-growing countries grapes are amazingly cheap; and we need not wonder, therefore, that all within reach of a person's arm, was free; the quantity plucked was a loss never felt by the proprietor, and it was a kindly privilege afforded to the poor and wayfaring man.

1-4. When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes—It appears that the practice of divorces was at this early period very prevalent amongst the Israelites, who had in all probability become familiar with it in Egypt [Lane]. The usage, being too deep-rooted to be soon or easily abolished, was tolerated by Moses (Mt 19:8). But it was accompanied under the law with two conditions, which were calculated greatly to prevent the evils incident to the permitted system; namely: (1) The act of divorcement was to be certified on a written document, the preparation of which, with legal formality, would afford time for reflection and repentance; and (2) In the event of the divorced wife being married to another husband, she could not, on the termination of that second marriage, be restored to her first husband, however desirous he might be to receive her.

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.

6. 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.

7. If a man be found stealing any of his brethren—(See Ex 21:16).

8, 9. Take heed in the plague of leprosy—(See Le 13:14).

10-13. 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.

14, 15. 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 (Le 19:13).

16-18. 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.

19-22. 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.