Commentary on the Whole Bible, vols. 1–4 and 6

In this chapter provision is made, I. For the putting away of the guilt of blood from the land, when he that shed it had fled from justice, ver. 1-9. II. For the preserving of the honour of a captive maid, ver. 10-14. III. For the securing of the right of a first-born son, though he were not a favourite, ver. 15-17. IV. For the restraining and punishing of a rebellious son, ver. 18-21. V. For the maintaining of the honour of human bodies, which must not be hanged in chains, but decently buried, even the bodies of the worst malefactors, ver. 22, 23.

1 If one be found slain in the land which the Lord thy God giveth thee to possess it, lying in the field, and it be not known who hath slain him: 2 Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: 3 And it shall be, that the city which is next unto the slain man, even the elders of that city shall take a heifer, which hath not been wrought with, and which hath not drawn in the yoke; 4 And the elders of that city shall bring down the heifer unto a rough valley, which is neither eared nor sown, and shall strike off the heifer's neck there in the valley: 5 And the priests the sons of Levi shall come near; for them the Lord thy God hath chosen to minister unto him, and to bless in the name of the Lord; and by their word shall every controversy and every stroke be tried: 6 And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley: 7 And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it. 8 Be merciful, O Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them. 9 So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the Lord.

Care had been taken by some preceding laws for the vigorous and effectual persecution of a wilful murderer (ch. xix. 11, &c.), the putting of whom to death was the putting away of the guilt of blood from the land; but if this could not be done, the murderer not being discovered, they must not think that the land was in no danger of contracting any pollution because it was not through any neglect of theirs that the murderer was unpunished; no, a great solemnity is here provided for the putting away of the guilt, as an expression of their dread and detestation of that sin.

I. The case supposed is that one is found slain, and it is not known who slew him, v. 1. The providence of God has sometimes wonderfully brought to light these hidden works of darkness, and by strange occurrences the sin of the guilty has found them out, insomuch that it has become a proverb, Murder will out. But it is not always so; now and then the devil's promises of secresy and impunity in this world are made good; yet it is but for a while: there is a time coming when secret murders will be discovered; the earth shall disclose her blood (Isa. xxvi. 21), upon the inquisition which justice makes for it; and there is an eternity coming when those that escaped punishment from men will lie under the righteous judgment of God. And the impunity with which so many murders and other wickednesses are committed in this world makes it necessary that there should be a day of judgment, to require that which is past, Eccl. iii. 15.

II. Directions are given concerning what is to be done in this case. Observe,

1. It is taken for granted that a diligent search had been made for the murderer, witnesses examined, and circumstances strictly enquired into, that if possible they might find out the guilty person; but if, after all, they could not trace it out, not fasten the charge upon any, then, (1.) The elders of the next city (that had a court of three and twenty in it) were to concern themselves about this matter. If it were doubtful which city was next, the great sanhedrim were to send commissioners to determine that matter by an exact measure, v. 2, 3. Note, Public persons must be solicitous about the public good; and those that are in power and reputation in cities must lay out themselves to redress grievances, and reform what is amiss in the country and neighbourhood that lie about them. Those that are next to them should have the largest share of their good influence, as ministers of God for good. (2.) The priests and Levites must assist and preside in this solemnity (v. 5), that they might direct the management of it in all points according to the law, and particularly might be the people's mouth to God in the prayer that was to be put up on this sad occasion, v. 8. God being Israel's King, his ministers must be their magistrates, and by their word, as the mouth of the court and learned in the laws, every controversy must be tried. It was Israel's privilege that they had such guides, overseers, and rulers, and their duty to make use of them upon all occasions, especially in sacred things, as this was. (3.) They were to bring a heifer down into a rough and unoccupied valley, and to kill it there, v. 3, 4. This was not a sacrifice (for it was not brought to the altar), but a solemn protestation that thus they would put the murderer to death if they had him in their hands. The heifer must be one that had not drawn in the yoke, to signify (say some) that the murderer was a son of Belial; it must be brought into a rough valley, to signify the horror of the fact, and that the defilement which blood brings upon a land turns it into barrenness. And the Jews say that unless, after this, the murderer was found out, this valley where the heifer was killed was never to be tilled nor sown. (4.) The elders were to wash their hands in water over the heifer that was killed, and to profess, not only that they had not shed this innocent blood themselves, but that they knew not who had (v. 6, 7), nor had knowingly concealed the murderer, helped him to make his escape, or been any way aiding or abetting. To this custom David alludes, Ps. xxvi. 6, I will wash my hands in innocency; but if Pilate had any eye to it (Matt. xxvii. 24) he wretchedly misapplied it when he condemned Christ, knowing him to be innocent, and yet acquitted himself from the guilt of innocent blood. Protestatio non valet contra factum—Protestations are of no avail when contradicted by fact. (5.) The priests were to pray to God for the country and nation, that God would be merciful to them, and not bring upon them the judgments which the connivance at the sin of murder would deserve. It might be presumed that the murderer was either one of their city or was now harboured in their city; and therefore they must pray that they might not fare the worse for his being among them, Num. xvi. 22. Be merciful, O Lord, to thy people Israel, v. 8. Note, When we hear of the wickedness of the wicked we have need to cry earnestly to God for mercy for our land, which groans and trembles under it. We must empty the measure by our prayers which others are filling by their sins. Now,

2. This solemnity was appointed, (1.) That it might give occasion to common and public discourse concerning the murder, which perhaps might some way or other occasion the discovery of it. (2.) That it might possess people with a dread of the guilt of blood, which defiles not only the conscience of him that sheds it (this should engage us all to pray with David, Deliver me from blood—guiltiness), but the land in which it is shed; it cries to the magistrate for justice on the criminal, and, if that cry be not heard, it cries to heaven for judgment on the land. If there must be so much care employed to save the land from guilt when the murderer was not known, it was certainly impossible to secure it from guilt if the murderer was known and yet protected. All would be taught, by this solemnity, to use their utmost care and diligence to prevent, discover, and punish murder. Even the heathen mariners dreaded the guilt of blood, Jon. i. 14. (3.) That we might all learn to take heed of partaking in other men's sins, and making ourselves accessory to them ex post facto—after the fact, by countenancing the sin or sinner, and not witnessing against it in our places. We have fellowship with the unfruitful works of darkness if we do not reprove them rather, and bear our testimony against them. The repentance of the church of Corinth for the sin of one of their members produced such a carefulness, such a clearing of themselves, such a holy indignation, fear, and revenge (2 Cor. vii. 11), as were signified by the solemnity here appointed.

10 When thou goest forth to war against thine enemies, and the Lord thy God hath delivered them into thine hands, and thou hast taken them captive, 11 And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife; 12 Then thou shalt bring her home to thine house; and she shall shave her head, and pare her nails; 13 And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt go in unto her, and be her husband, and she shall be thy wife. 14 And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her.

By this law a soldier is allowed to marry his captive if he pleased. For the hardness of their hearts Moses gave them this permission, lest, if they had not had liberty given them to marry such, they should have taken liberty to defile themselves with them, and by such wickedness the camp would have been troubled. The man is supposed to have a wife already, and to take this wife for a secondary wife, as the Jews called them. This indulgence of men's inordinate desires, in which their hearts walked after their eyes, is by no means agreeable to the law of Christ, which therefore in this respect, among others, far exceeds in glory the law of Moses. The gospel permits not him that has one wife to take another, for from the beginning it was not so. The gospel forbids looking upon a woman, though a beautiful one, to lust after her, and commands the mortifying and denying of all irregular desires, though it be as uneasy as the cutting off of a right hand; so much does our holy religion, more than that of the Jews, advance the honour and support the dominion of the soul over the body, the spirit over the flesh, consonant to the glorious discovery it makes of life and immortality, and the better hope.

But, though military men were allowed this liberty, yet care is here taken that they should not abuse it, that is,

I. That they should not abuse themselves by doing it too hastily, though the captive was ever so desirable: "If thou wouldest have her to thy wife (v. 10, 11), it is true thou needest not ask her parents' consent, for she is thy captive, and is at thy disposal. But, 1. Thou shalt have no familiar intercourse till thou hast married her." This allowance was designed to gratify, not a filthy brutish lust, in the heat and fury of its rebellion against reason and virtue, but an honourable and generous affection to a comely and amiable person, though in distress; therefore he may make her his wife if he will, but he must not deal with her as with a harlot. 2. "Thou shalt not marry her of a sudden, but keep her a full month in thy house," v. 12, 13. This he must do either, (1.) That he may try to take his affection off from her; for he must know that, though in marrying her he does not do ill (so the law then stood), yet in letting her alone he does much better. Let her therefore shave her head, that he might not be enamoured with her locks, and let her nails grow (so the margin reads it), to spoil the beauty of her hand. Quisquid amas cupias non placuisse nimis—We should moderate our affection for those things which we are tempted to love inordinately. Or rather, (2.) This was done in token of her renouncing idolatry, and becoming a proselyte to the Jewish religion. The shaving of her head, the paring of her nails, and the changing of her apparel, signified her putting off her former conversation, which was corrupt in her ignorance, that she might become a new creature. She must remain in his house to be taught the good knowledge of the Lord and the worship of him: and the Jews say that if she refused, and continued obstinate in idolatry, he must not marry her. Note, The professors of religion must not be unequally yoked with unbelievers, 2 Cor. vi. 14.

II. That they should not abuse the poor captive. 1. She must have time to bewail her father and mother, from whom she was separated, and without whose consent and blessing she is now likely to be married, and perhaps to a common soldier of Israel, though in her country ever so nobly born and bred. To force a marriage till these sorrows were digested, and in some measure got over, and she was better reconciled to the land of her captivity by being better acquainted with it, would be very unkind. She must not bewail her idols, but be glad to part with them; to her near and dear relations only her affection must be thus indulged. 2. If, upon second thoughts, he that had brought her to his house with a purpose to marry her changed his mind and would not marry her, he might not make merchandise of her, as of his other prisoners, but must give her liberty to return, if she pleased, to her own country, because he had humbled her and afflicted her, by raising expectations and then disappointing them (v. 14); having made a fool of her, he might not make a prey of her. This intimates how binding the laws of justice and honour are, particularly in the pretensions of love, the courting of affections, and the promises of marriage, which are to be looked upon as solemn things, that have something sacred in them, and therefore are not to be jested with.

15 If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated: 16 Then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn: 17 But he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.

This law restrains men from disinheriting their eldest sons out of mere caprice, and without just provocation.

I. The case here put (v. 15) is very instructive. 1. It shows the great mischief of having more wives than one, which the law of Moses did not restrain, probably in hopes that men's own experience of the great inconvenience of it in families would at last put an end to it and make them a law to themselves. Observe the supposition here: If a man have two wives, it is a thousand to one but one of them is beloved and the other hated (that is, manifestly loved less) as Leah was by Jacob, and the effect of this cannot but be strifes and jealousies, envy, confusion, and every evil work, which could not but create a constant uneasiness and vexation to the husband, and involve him both in sin and trouble. Those do much better consult their own ease and satisfaction who adhere to God's law than those who indulge their own lusts. 2. It shows how Providence commonly sides with the weakest, and gives more abundant honour to that part which lacked; for the first-born son is here supposed to be hers that was hated; it was so in Jacob's family: because the Lord saw that Leah was hated, Gen. xxix. 31. The great householder wisely gives to each his dividend of comfort; if one had the honour to be the beloved wife, it often proved that the other had the honour to be the mother of the first-born.

II. The law in this case is still binding on parents; they must give their children their right without partiality. In the case supposed, the eldest son, though the son of the less-beloved wife, must have his birthright privilege, which was a double portion of the father's estate, because he was the beginning of his strength that is, in him his family began to be strengthened and his quiver began to be filled with the arrows of a mighty man (Ps. cxxvii. 4), and therefore the right of the first-born is his, v. 16, 17. Jacob had indeed deprived Reuben of his birthright, and given it to Joseph, but it was because Reuben had forfeited the birthright by his incest, not because he was the son of the hated; now, lest that which Jacob did justly should be drawn into a precedent for others to do the same thing unjustly, it is here provided that when the father makes his will, or otherwise settled his estate, the child shall not fare the worse for the mother's unhappiness in having less of her husband's love, for that was not the child's fault. Note, (1.) Parents ought to make no other difference in dispensing their affections among their children than what they see plainly God makes in dispensing his grace among them. (2.) Since it is the providence of God that makes heirs, the disposal of providence in that matter must be acquiesced in and not opposed. No son should be abandoned by his father till he manifestly appear to be abandoned of God, which is hard to say of any while there is life.

18 If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: 19 Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; 20 And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. 21 And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear. 22 And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree: 23 His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the Lord thy God giveth thee for an inheritance.

Here is, I. A law for the punishing of a rebellious son. Having in the former law provided that parents should not deprive their children of their right, it was fit that it should next be provided that children withdraw not the honour and duty which are owing to their parents, for there is no partiality in the divine law. Observe,

1. How the criminal is here described. He is a stubborn and rebellious son, v. 18. No child was to fare the worse for the weakness of his capacity, the slowness or dulness of his understanding, but for his wilfulness and obstinacy. If he carry himself proudly and insolently towards his parents, contemn their authority, slight their reproofs and admonitions, disobey the express commands they give him for his own good, hate to be reformed by the correction they give him, shame their family, grieve their hearts, waste their substance, and threaten to ruin their estate by riotous living—this is a stubborn and rebellious son. He is particularly supposed (v. 20) to be a glutton or a drunkard. This intimates either, (1.) That these were sins which his parents did in a particular manner warn him against, and therefore that in these instances there was a plain evidence that he did not obey their voice. Lemuel had this charge from his mother, Prov. xxxi. 4. Note, In the education of children, great care should be taken to suppress all inclinations to drunkenness, and to keep them out of the way of temptations to it; in order hereunto they should be possessed betimes with a dread and detestation of that beastly sin, and taught betimes to deny themselves. Or, (2.) That his being a glutton and a drunkard was the cause of his insolence and obstinacy towards his parents. Note, There is nothing that draws men into all manner of wickedness, and hardens them in it, more certainly and fatally than drunkenness does. When men take to drink they forget the law, they forget all law (Prov. xxxi. 5), even that fundamental law of honouring parents.

2. How this criminal is to be proceeded against. His own father and mother are to be his prosecutors, v. 19, 20. They might not put him to death themselves, but they must complain of him to the elders of the city, and the complaint must needs be made with a sad heart: This our son is stubborn and rebellious. Note, Those that give up themselves to vice and wickedness, and will not be reclaimed, forfeit their interest in the natural affections of the nearest relations; the instruments of their being justly become the instruments of their destruction. The children that forget their duty must thank themselves and not blame their parents if they are regarded with less and less affection. And, how difficult soever tender parents now find it to reconcile themselves to the just punishment of their rebellious children, in the day of the revelation of the righteous judgment of God all natural affection will be so entirely swallowed up in divine love that they will acquiesce even in the condemnation of those children, because God will be therein for ever glorified.

3. What judgment is to be executed upon him: he must publicly stoned to death by the men of his city, v. 21. And thus, (1.) The paternal authority was supported, and God, our common Father, showed himself jealous for it, it being one of the first and most ancient streams derived from him that is the fountain of all power. (2.) This law, if duly executed, would early destroy the wicked of the land. (Ps. ci. 8), and prevent the spreading of the gangrene, by cutting off the corrupt part betimes; for those that were bad members of families would never make good members of the commonwealth. (3.) It would strike an awe upon children, and frighten them into obedience to their parents, if they would not otherwise be brought to their duty and kept in it: All Israel shall hear. The Jews say, "The elders that condemned him were to send notice of it in writing all the nation over, In such a court, such a day, we stoned such a one, because he was a stubborn and rebellious son." And I have sometimes wished that as in all our courts there is an exact record kept of the condemnation of criminals, in perpetuam rei memoriam—that the memorial may never be lost, so there might be public and authentic notice given in print to the kingdom of such condemnations, and the executions upon them, by the elders themselves, in terrorem—that all may hear and fear.

II. A law for the burying of the bodies of malefactors that were hanged, v. 22. The hanging of them by the neck till the body was dead was not used at all among the Jews, as with us; but of such as were stoned to death, if it were for blasphemy, or some other very execrable crime, it was usual, by order of the judges, to hang up the dead bodies upon a post for some time, as a spectacle to the world, to express the ignominy of the crime, and to strike the greater terror upon others, that they might not only hear and fear, but see and fear. Now it is here provided that, whatever time of the day they were thus hanged up, at sun-set they should be taken down and buried, and not left to hang out all night; sufficient (says the law) to such a man is this punishment; hitherto let it go, but no further. Let the malefactor and his crime be hidden in the grave. Now, 1. God would thus preserve the honour of human bodies and tenderness towards the worst of criminals. The time of exposing dead bodies thus is limited for the same reason that the number of stripes was limited by another law: Lest thy brother seem vile unto thee. Punishing beyond death God reserves to himself; as for man, there is no more that he can do. Whether therefore the hanging of malefactors in chains, and setting up their heads and quarters, be decent among Christians that look for the resurrection of the body, may perhaps be worth considering. 2. Yet it is plain there was something ceremonial in it; by the law of Moses the touch of a dead body was defiling, and therefore dead bodies must not be left hanging up in the country, because, by the same rule, this would defile the land. But, 3. There is one reason here given which has reference to Christ. He that is hanged is accursed of God, that is, it is the highest degree of disgrace and reproach that can be done to a man, and proclaims him under the curse of God as much as any external punishment can. Those that see him thus hang between heaven and earth will conclude him abandoned of both and unworthy of either; and therefore let him not hang all night, for that would carry it too far. Now the apostle, showing how Christ has redeemed us from the curse of the law by being himself made a curse for us, illustrates it by comparing the brand here put on him that was hanged on a tree with the death of Christ, Gal. iii. 13. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most ignominiously, that it might afterwards be applied to the death of Christ, and might show that in it he underwent the curse of the law for us, which is a great enhancement of his love and a great encouragement to our faith in him. And (as the excellent bishop Patrick well observes) this passage is applied to the death of Christ, not only because he bore our sins and was exposed to shame, as these malefactors were that were accursed of God, but because he was in the evening taken down from the cursed tree and buried (and that by the particular care of the Jews, with an eye to this law, John xix. 31), in token that now, the guilt being removed, the law was satisfied, as it was when the malefactor had hanged till sun-set; it demanded no more. Then he ceased to be a curse, and those that were his. And, as the land of Israel was pure and clean when the dead body was buried, so the church is washed and cleansed by the complete satisfaction which thus Christ made.

The laws of this chapter provide, I. For the preservation of charity and good neighbourship, in the care of strayed or fallen cattle, ver. 1-4. II. For the preservation of order and distinction, that men and women should not wear one another's clothes (ver. 5), and that other needless mixtures should be avoided, ver. 9-11. III. For the preservation of birds, ver. 6, 7. IV. Of life, ver. 8. V. Of the commandments, ver. 12. VI. Of the reputation of a wife abused, if she were innocent (ver. 13-19), but for her punishment if guilty, ver. 20, 21. VII. For the preservation of the chastity of wives, ver. 22. Virgins betrothed (ver. 23-27), or not betrothed, ver. 28, 29. And, lastly, against incest, ver. 30.

1 Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them: thou shalt in any case bring them again unto thy brother. 2 And if thy brother be not nigh unto thee, or if thou know him not, then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again. 3 In like manner shalt thou do with his ass; and so shalt thou do with his raiment; and with all lost thing of thy brother's, which he hath lost, and thou hast found, shalt thou do likewise: thou mayest not hide thyself. 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.

The kindness that was commanded to be shown in reference to an enemy (Exod. xxxiii. 4, &c.) is here required to be much more done for a neighbour, though he were not an Israelite, for the law is consonant to natural equity. 1. That strayed cattle should be brought back, either to the owner or to the pasture out of which they had gone astray, v. 1, 2. This must be done in pity to the very cattle, which, while they wandered, were exposed; and in civility and respect to the owner, nay, and in justice to him, for it was doing as we would be done by, which is one of the fundamental laws of equity. Note, Religion teaches us to be neighbourly, and to be ready to do all good offices, as we have opportunity, to all men. In doing this, (1.) They must not mind trouble, but, if they knew who the owner was, must take it back themselves; for, if they should only send notice to the owner to come and look after it himself, some mischief might befal it ere he could reach it. (2.) They must not mind expense, but, if they knew not who the owner was, must take it home and feed it till the owner was found. If such care must be taken of a neighbour's ox or ass going astray, much more of himself going astray from God and his duty; we should do our utmost to convert him (Jam. v. 19), and restore him, considering ourselves, Gal. vi. 1. 2. That lost goods should be brought to the owner, v. 3. The Jews say, "He that found the lost goods was to give public notice of them by the common crier three or four times," according to the usage with us; if the owner could not be found, he that found the goods might convert them to his own use; but (say some learned writers in this case) he would do very well to give the value of the goods to the poor. 3. That cattle in distress should be helped, v. 4. This must be done both in compassion to the brute-creatures (for a merciful man regardeth the life of a beast, though it be not his own) and in love and friendship to our neighbour, not knowing how soon we may have occasion for his help. If one member may say to another, "I have at present no need of thee," it cannot say, "I never shall."

5 The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment: for all that do so are abomination unto the Lord thy God. 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: 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. 8 When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence. 9 Thou shalt not sow thy vineyard with divers seeds: lest the fruit of thy seed which thou hast sown, and the fruit of thy vineyard, be defiled. 10 Thou shalt not plow with an ox and an ass together. 11 Thou shalt not wear a garment of divers sorts, as of woollen and linen together. 12 Thou shalt make thee fringes upon the four quarters of thy vesture, wherewith thou coverest thyself.

Here are several laws in these verses which seem to stoop very low, and to take cognizance of things mean and minute. Men's laws commonly do not so: De minimis non curat lex—The law takes no cognizance of little things; but because God's providence extends itself to the smallest affairs, his precepts do so, that even in them we may be in the fear of the Lord, as we are under his eye and care. And yet the significancy and tendency of these statutes, which seem little, are such that, notwithstanding their minuteness, being fond among the things of God's law, which he has written to us, they are to be accounted great things.

I. The distinction of sexes by the apparel is to be kept up, for the preservation of our own and our neighbour's chastity, v. 5. Nature itself teaches that a difference be made between them in their hair (1 Cor. xi. 14), and by the same rule in their clothes, which therefore ought not to be confounded, either in ordinary wear or occasionally. To befriend a lawful escape or concealment it may be done, but whether for sport or in the acting of plays is justly questionable. 1. Some think it refers to the idolatrous custom of the Gentiles: in the worship of Venus, women appeared in armour, and men in women's clothes; this, as other such superstitious usages, is here said to be an abomination to the Lord. 2. It forbids the confounding of the dispositions and affairs of the sexes: men must not be effeminate, nor do the women's work in the house, nor must women be viragos, pretend to teach, or usurp authority, 1 Tim. ii. 11, 12. Probably this confounding of garments had been used to gain opportunity of committing uncleanness, and is therefore forbidden; for those that would be kept from sin must keep themselves from all occasions of it and approaches to it.

II. In taking a bird's-nest, the dam must be let go, v. 6, 7. The Jews say, "This is the least of all the commandments of the law of Moses," and yet the same promise is here made to the observance of it that is made to the keeping of the fifth commandment, which is one of the greatest, that it may be well with thee, and that thou mayest prolong thy days; for, as disobedience in a small matter shows a very great contempt of the law, so obedience in a small matter shows a very great regard to it. He that let go a bird out of his hand (which was worth two in the bush) purely because God bade him, in that made it to appear that he esteemed all God's precepts concerning all things to be right, and that he could deny himself rather than sin against God. But doth God take care for birds? 1 Cor. ix. 9. Yes, certainly; and perhaps to this law our Saviour alludes. Luke xii. 6, Are not five sparrows sold for two farthings, and not one of them is forgotten before God? This law, 1. Forbids us to be cruel to the brute-creatures, or to take a pleasure in destroying them. Though God has made us wiser than the fowls of heaven, and given us dominion over them, yet we must not abuse them nor rule them with rigour. Let go the dam to breed again; destroy it not, for a blessing is in it, Isa. lxv. 8. 2. It teaches us compassion to those of our own kind, and to abhor the thought of every thing that looks barbarous, and cruel, and ill-natured, especially towards those of the weaker and tender sex, which always ought to be treated with the utmost respect, in consideration of the sorrows wherein they bring forth children. It is spoken of as an instance of the most inhuman cruelty that the mother was dashed to pieces upon her children (Hos. x. 14), and that the women with child were ripped open, Amos i. 13. 3. It further intimates that we must not take advantage against any, from their natural affection and the tenderness of their disposition, to do them an injury. The dam could not have been taken if her concern for her eggs or young (unlike to the ostrich) had not detained her upon the next when otherwise she could easily have secured herself by flight. Now, since it is a thousand pities that she should fare the worse for that which is her praise, the law takes care that she shall be let go. The remembrance of this may perhaps, some time or other, keep us from doing a hard or unkind thing to those whom we have at our mercy.

III. In building a house, care must be taken to make it safe, that none might receive mischief by falling from it, v. 8. The roofs of their houses were flat for people to walk on, as appears by many scriptures; now lest any, through carelessness, should fall off them, they must compass them with battlements, which (the Jews say) must be three feet and a half high; if this were not done, and mischief followed, the owner, by his neglect, brought the guilt of blood upon his house. See here, 1. How precious men's lives are to God, who protects them, not only by his providence, but by his law. 2. How precious, therefore, they ought to be to us, and what care we should take to prevent hurt from coming to any person. The Jews say that by the equity of this law they were obliged (and so are we too) to fence, or remove, every thing by which life may be endangered, as to cover draw-wells, keep bridges in repair, and the like, lest, if any perish through our omission, their blood be required at our hand.

IV. Odd mixtures are here forbidden, v. 9, 10. Much of this we met with before, Lev. xix. 19. There appears not any thing at all of moral evil in these things, and therefore we now make no conscience of sowing wheat and rye together, ploughing with horses and oxen together, and of wearing linsey-woolsey garments; but hereby is forbidden either, 1. A conformity to some idolatrous customs of the heathen. Or, 2. That which is contrary to the plainness and purity of an Israelite. They must not gratify their own vanity and curiosity by putting those things together which the Creator in infinite wisdom had made asunder: they must not be unequally yoked with unbelievers, nor mingle themselves with the unclean, as an ox with an ass. Nor must their profession and appearance in the world be motley, or party-coloured, but all of a piece, all of a kind.

V. The law concerning fringes upon their garments, and memorandums of the commandments, which we had before (Num. xv. 38, 39), is here repeated, v. 12. By these they were distinguished from other people, so that it might be said, upon the first sight, There goes an Israelite, which taught them not to be ashamed of their country, nor the peculiarities of their religion, how much soever their neighbours looked upon them and it with contempt: and they were also put in mind of the precepts upon the particular occasions to which they had reference; and perhaps this law is repeated here because the precepts immediately foregoing seemed so minute that they were in danger of being overlooked and forgotten. The fringes will remind you not to make your garments of linen and woollen, v. 11.

13 If any man take a wife, and go in unto her, and hate her, 14 And give occasions of speech against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her, I found her not a maid: 15 Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate: 16 And the damsel's father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her; 17 And, lo, he hath given occasions of speech against her, saying, I found not thy daughter a maid; and yet these are the tokens of my daughter's virginity. And they shall spread the cloth before the elders of the city. 18 And the elders of that city shall take that man and chastise him; 19 And they shall amerce him in a hundred shekels of silver, and give them unto the father of the damsel, because he hath brought up an evil name upon a virgin of Israel: and she shall be his wife; he may not put her away all his days. 20 But if this thing be true, and the tokens of virginity be not found for the damsel: 21 Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die: because she hath wrought folly in Israel, to play the whore in her father's house: so shalt thou put evil away from among you. 22 If a man be found lying with a woman married to a husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel. 23 If a damsel that is a virgin be betrothed unto a husband, and a man find her in the city, and lie with her; 24 Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city; and the man, because he hath humbled his neighbour's wife: so thou shalt put away evil from among you. 25 But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die: 26 But unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbour, and slayeth him, even so is this matter: 27 For he found her in the field, and the betrothed damsel cried, and there was none to save her. 28 If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; 29 Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days. 30 A man shall not take his father's wife, nor discover his father's skirt.

These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul.

I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, v. 13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire—those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, v. 18, 19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (ch. xxiv. 1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Ps. l. 20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own.

II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, v. 20, 21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen. xxxiv. 7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people.

III. If any man, single or married, lay with a married woman, they were both to be put to death, v. 22. This law we had before, Lev. xx. 10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children.

IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, v. 23, 24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur—Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, v. 24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help (Succurre, Domine, vim patior—Help me, O Lord, for I suffer violence), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee.

V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, v. 28, 29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of.

VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (v. 30) from Lev. xviii. 8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, 1 Cor. v. 1.