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Harmony of the Law - Volume 3

Deuteronomy

Deuteronomy 10:17-19

17....God,...regardeth not persons, nor taketh reward.
17. Deus non accipit personam, neque recipit munus.
18. He doth execute the judgment of the fatherless and widow, and loveth the stranger, in giving him food and raiment.
18. Faciens judicium pupillo et viduae, diligens peregrinum, dando et panem et vestimentum.
19. Love ye therefore the stranger; for ye were strangers in the land of Egypt
19. Diligite igitur peregrinum, quia peregrini fuistis in terra, AEgypti.

He confirms the foregoing decree by a reference to the nature of God Himself; for the vile and abject condition of those with whom we have to do, causes us to injure them the more wantonly, because they seem to be altogether deserted. But God declares that their unhappy lot is no1 obstacle to His administering succor to them; inasmuch as He has no regard to persons. By the word person is meant either splendor, or obscurity, and outward appearance, as it is commonly called, as we gather from many passages. In short, God distinguishes Himself from men, who are carried away by outward appearance, to hold the rich in honor, and the poor in contempt; to favor the beautiful or the eloquent, and to despise the unseemly. Prosopolepsia is, therefore, an unjust judgment, which diverts us from the cause itself, when our minds are prejudiced by what ought not to be taken into account. Therefore Christ teaches us that a judgement is righteous, which is not founded upon the appearance, (John 7:23;) since truth and justice never prevail, except when we attend to the case itself. It follows that the contemptible are not afflicted with impunity, for although they may be destitute of human aid, God, who sitteth on high, "hath respect unto the lowly." (Psalm 138:6.) As regards strangers, God proves that he cares for them, because He is gracious in preserving them and clothing them; and then a special reason is again adduced, that the Israelites, when they were formerly sojourners in Egypt, had need of the compassion of others.

Leviticus

Leviticus 19:35, 36

35. Ye shall do no unrighteousness in judgment, in mete-yard, in weight, or in measure.
35. Non facietis iniquitatem in judicio, in dimensione, in pondere et mensura.
36. Just balances, just weights, a just ephah, and a just bin, shall ye have: I am the Lord your God, which brought you out of the land of Egypt.
36. Statera justa, pondera justa, epha justum, et hin justum erit vobis.

Deuteronomy

Deuteronomy 25:13-16

13. Thou shalt not have in thy bag divers weights, a great and a small.
13. Non erit tibi in sacculo tuo pondus et pondus, majus et minus:
14. Thou shalt not have in thine house divers measures, a great and a small.
14. Non erit tibi in domo tua modius et modius, major et minor.
15. But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the Lord thy God giveth thee.
15. Pondus perfectum et justum erit tibi, modius perfectus et justus erit tibi, ut proroges dies tuos super terram quam Jehova Deus tuus dat tibi.
16. For all that do such things, and all that do unrighteously, are an abomination unto the Lord thy God.
16. Quia abominatio Jehovae Dei tui est quicunque facit haec, omnis faciens iniquitatem.

Leviticus 19:35 Ye shall do no unrighteousness in judgment. If you take the word judgment in its strict sense, this will be a special precept, that judges should faithfully do justice to all, and not subvert just causes from favor or ill-will. But since the word mspht, mishpat, often means rectitude, it will not be unsuitable to suppose that all iniquities contrary to integrity are generally condemned; and that he afterwards proceeds to particular cases, which he adverts to elsewhere, where he enumerates the most injurious thefts of all, and such as involve the grossest violation of public justice. For the corruption which tends to the subversion of judgments, or, by undermining rectitude, vitiates all contracts, leaves nothing in security; whilst deception in weights and measures destroys and sweeps away all legitimate modes of dealing. Now, if the laws of buying and selling are corrupted, human society is in a manner dissolved; so that he who cheats by false weights and measures, differs little from him who utters false coin: and consequently one, who, whether as a buyer or seller, has falsified the standard measures of wine or corn, or anything else, is accounted criminal.2 By the laws of Rome,3 he is condemned to a fine of double the amount; and by a decree of Adrian, he is to be banished to an island. It is not, therefore, without reason that Solomon reiterates this decree, that he may fix it the deeper in the hearts of all. (Proverbs 20:10, 23.) But although this pestilent sin is by no means to be endured, but to be severely punished, still God, even if legal punishments be not inflicted, summons men's consciences before His tribunal, and this he does both by promises and threats. A just weight (He says) and a just measure shall prolong a man's life; but he who has been guilty of deception in them, is an abomination before me. Length of life, indeed, has only a figurative connection with just weights and measures: but, because the avaricious, in their pursuit of dishonest gain, are too devoted to this transitory life, God, in order to withhold His people from this blind and impetuous covetousness, promises them long life, if they keep themselves from fraud and all knavish dealings. We perceive from the conclusion, that, not in this respect only, but in all our affairs, those trickeries are condemned, by which our neighbors are defrauded. For, after God has said that He abominates "all that do such things," He adds immediately by way of explanation, "all that do unrighteously." We see, then, that He sets Himself against all evil and illicit arts of gain.

Deuteronomy 19:14

14. Thou shalt not remove thy neighbor's land-mark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the Lord thy God giveth thee to possess it.
14. Non transferes terminum proximi tui quem finierint majores in haereditate tua, quam haereditate accipies in terra quam Jehova Deus tuus dat tibi ut possideas eam.

A kind of theft is here condemned which is severely punished by the laws of Rome;4 for that every one's property may be secure, it is necessary that the land-marks set up for the division of fields should remain untouched, as if they were sacred. He who fraudulently removes a landmark is already convicted by this very act, because he disturbs the lawful owner in his quiet possession of the land;5 whilst he who advances further the boundaries of his own land to his neighbor's loss, doubles the crime by the deceptive concealment of his theft. Whence also we gather that not only are those thieves, who actually carry away their neighbor's property, who take his money out of his chest, or who pillage his cellars and granaries, but also those who unjustly possess themselves of his land.

Exodus

Exodus 22:26, 27

26. If thou at all take thy neighbor's raiment to pledge, thou shalt deliver it unto him by that the sun goeth down:
26. Si in pignus acceperis vestimentum proximi tui, antequam occubuerit sol restitues illud ei.
27. For that is his covering only; it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious.
27. Quia ipsum solum est operimentum ejus, illud vestimentum ejus est cuti suae in quo dormiat, et erit quum clamaverit ad me, tunc exaudiam: sum enim misericors.

Deuteronomy

Deuteronomy 24:6, 10-13, 17, 18

6. No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge.
6. Non accipiet quisquam pro pignore metam et catillum, quia animam ipse acciperet pro pignore.
10. When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge.
10. Quum mutuabis proximo tuo aliquid mutuum, non ingredieris domum ejus ut capias pignus ejus.
11. Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee.
11. Foris subsistes, et vir cui mutuabis afferet ad te pignus foras.
12. And if the man be poor, thou shalt not sleep with his pledge.
12. Quod si vir pauper fuerit, non dormies cum pignore ejus.
13. In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the Lord thy God.
13. Restituendo ei restitues pignus dum sol occumbit: ut dormiat in vestimento suo, et benedicat tibi: eritque tibi in justitiam coram Jehova Deo tuo.
17. Thou shalt not pervert the judgment of the stranger, nor of the fatherless, nor take a widow's raiment to pledge:
17. Non pervertes judicium pupilli et peregrini, non capies in pignus vestimentum viduae.
18. But thou shalt remember that thou wast a bond-man in Egypt, and the Lord thy God redeemed thee thence: therefore I command thee to do this thing.
18. Recordare quod servus fueris in AEgypto, et redemerit te Jehova Deus tuus inde: idcirco praecipio tibi ut hoc facias.

Deuteronomy 24:6 No man shall take the nether. God now enforces another principle of equity in relation to loans, (not to be too strict6) in requiring pledges, whereby the poor are often exceedingly distressed. In the first place, He prohibits the taking of anything in pledge which is necessary to the poor for the support of existence; for by the words which I have translated meta and catillus, i e., the upper and nether millstone, He designates by synecdoche all other instruments, which workmen cannot do without in earning their daily bread. As if any one should forcibly deprive a husbandman of his plough, or his spade, or harrow, or other tools, or should empty a shoemaker's, or potter's, or other person's shop, who could not exercise his trade when deprived of its implements; and this is sufficiently clear from the context, where it is said, "He taketh a man's life to pledge," together with his millstones. He, then, is as cruel, whosoever takes in pledge what supports a poor man's life, as if he should take away bread from a starving man, and thus his life itself, which, as it is sustained by labor, so, when its means of subsistence are cut off, is, as it were, itself destroyed.

10. When thou dost lend thy brother anything He provides against another iniquity in reclaiming a pledge, viz., that the creditor should ransack the house and furniture of his brother, in order to pick out the pledge at his pleasure. For, if this option were given to the avaricious rich, they would be satisfied with no moderation, but would seize upon all that was best, as if making an assault on the very entrails of the poor: in a word, they would ransack men's houses, or at any rate, whilst they contemptuously refused this or that, they would fill the wretched with rebuke and shame. God, therefore, will have no pledge reclaimed, except what the debtor of his own accord, and at his own convenience, shall bring out of his house, lie even proceeds further, that the creditor shall not take back any pledge which he knows to be necessary for the poor: for example, if he should pledge the bed on which he sleeps, or his counterpane, or cloak, or mantle. For it is not just that lie should be stripped, so as to suffer from cold, or to be deprived of other aids, the use of which he could not forego without loss or inconvenience. A promise, therefore, is added, that this act of humanity will be pleasing to God, when the poor shall sleep in the garment which is restored to him. He speaks even more distinctly, and says: The poor will bless thee, and it shall be accounted to thee for righteousness. For God indicates that He hears the prayers of the poor and needy, lest the rich man should think the bounty thrown away which lie confers upon a lowly individual. We must, indeed, be more than iron-hearted, unless we are disposed to such liberality as this, when we understand that, although the poor have not the means of repaying us in this world, still they have the power of recompensing us before God, i e., by obtaining grace for us through their prayers. An implied threat is also conveyed, that if the poor man should sleep inconveniently, or catch cold through our fault, God. will hear his groans, so that our cruelty will not be unpunished. But if the poor man, upon whom we have had compassion, should be ungrateful, yet, even though he is silent, our kindness will cry out to God; whilst, on the other hand, our tyrannical harshness will suffice to provoke God's vengeance, although he who has been treated unkindly should patiently swallow his wrong. To be unto righteousness7 is equivalent to being approved by God, or being an acceptable act; for since the keeping of the Law is true righteousness, this praise is extended to particular acts of obedience. Although it must be observed that this righteousness fails and vanishes, unless we universally fulfill whatever God enjoins. It is, indeed, a part of righteousness to restore a poor man's pledge; but if a mall be only beneficent in this respect., whilst in other matters he robs his brethren; or if, whilst free from avarice, he exercises violence, is given to lust or gluttony, the particular righteousness, although pleasing in itself to God, will not come into account. In fact, we must hold fast the axiom, that no work is accounted righteous before God, unless il, proceeds from a man of purity and integrity; whereas there is none such to be found. Consequently, no works are imputed unto righteousness, except because God deigns to bestow His gratuitous favor on believers. In itself, indeed, it would be true, that whatever act of obedience to God we perform, it is accounted for righteousness, i e., if the whole course of our life corresponded to it, whereas no work proceeds from us which is not corrupted by some defect. Thus, we must fly to God's mercy, in order that, being reconciled to us, He may also accept our work.

What he had previously prescribed respecting the poor, lie afterwards applies to widows alone, yet so as to recommend all poor persons to us under their name; and this we gather both from the beginning of the verse (17,) in which lie instructs them to deal fairly and justly with strangers and orphans, and also from the reason which is added, viz., that they should reflect that they were bondmen in the land of Egypt; for their condition there did not suffer them proudly to insult the miserable; and it is natural that he should be the more affected with the ills of others who has experienced the same. Since, then, this reason is a general one, it is evident also that the precept is general, that we should be humane towards all that are in want.

Notes

  1. The Fr. gives a different turn to this: "Or Dieu declare que leur pourete et misere n'empechera point de les secourir: d'autant qu'ils ne amusent point a la personne;" Now, God declares, that their poverty and misery shall not prevent their being succored; so that they should not be interested by their person. ↩
  2. "Inter falsarios." — Lat. "Pour faussaire." — Fr. ↩
  3. Modest. 1. penult, ad legem Corn. de fals. — C. This law is to be found in Digest. 48, tit. 11, De falsis, 32, "Si venditor mensuras publice probatas vini, frumenti, vel cujuslibet rei, aut emptor corruperit, dolove malo fraudem fecerit, quanti ea res est, ejus dupli condemnatur. Decretoque Divi Hadriani praeceptum est in insulam eos relegari, qui pondera, aut mensuras falsassent." ↩
  4. "In the digests there is a vague law, de termino moto, Digestor. Lib. 47. tit. 21, on which Calmer remarks, that, though the Romans had no determined punishment for those who removed the ancient land-marks, yet, if slaves were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found, guilty; and that others were sentenced to primary fines, or corporal punishment. — Adam Clarke, in loco. ↩
  5. "Est desia assez convaincu par ce seul acte d'avoir voulu debouter le possesseur de son champ;" is already sufficiently convicted by this act alone of having wished to deprive the possessor of his land. — Fr. ↩
  6. Added from Fr. ↩
  7. "It shall be righteousness unto thee," A V., and rightly, as it would appear, for, as Piscator (in Poole's Syn.) remarks, "ante tststs deficit praepositio." ↩
Deuteronomy — Commentaries on the rest of the Bible (~45 volumes) · John Calvin · Cloud of Witnesses