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Deuteronomy 24
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Deuteronomy 25 β€” Commentary 4
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Matthew Henry
25:1-3 Every punishment should be with solemnity, that those who see it may be filled with dread, and be warned not to offend in like manner. And though the criminals must be shamed as well as put to pain, for their warning and disgrace, yet care should be taken that they do not appear totally vile. Happy those who are chastened of the Lord to humble them, that they should not be condemned with the world to destruction. 25:4 This is a charge to husbandmen. It teaches us to make much of the animals that serve us. But we must learn, not only to be just, but kind to all who are employed for the good of our better part, our souls, 1Co 9:9. 25:5-12 The custom here regulated seems to have been in the Jewish law in order to keep inheritances distinct; now it is unlawful. 25:13-16 Dishonest gain always brings a curse on men's property, families, and souls. Happy those who judge themselves, repent of and forsake their sins, and put away evil things, that they may not be condemned of the Lord. 25:17-19 Let every persecutor and injurer of God's people take warning from the case of the Amalekites. The longer it is before judgement comes, the more dreadful will it be at last. Amalek may remind us of the foes of our souls. May we be enabled to slay all our lusts, all the corruptions both within and without, all the powers of darkness and of the world, which oppose our way to the blessed Saviour.
Illustrator
Thou shalt have a perfect and just weight, measure. Deuteronomy 25:13-16 The Christian in commerce A. J. Morris. I. ENDEAVOUR TO POINT OUT WHAT CHRISTIANITY REQUIRES OF A MAN IN HIS DEALINGS IN BUSINESS WITH HIS FELLOW MEN. 1. The most rigid adherence to the principles of moral integrity. Truth. Honesty. 2. The exercise of love and kindness. 3. That a man should preserve his soul in peace and patience. 4. That commerce be consecrated and elevated by the spirit of holiness. II. Having described what a Christian should be in commerce BRIEFLY SHOW WHY HE SHOULD BE IT. All considerations by which religion and morality are commended and enforced are applicable here. The course pointed out is right in itself, what we owe to God and connected with eternal destiny. It is necessary to inherit the kingdom of heaven. It is presented to us in the example of Christ, whom all disciples should imitate. In one word, Christianity requires it; all its precepts, principles, blessings, and prospects require it. ( A. J. Morris. ) Fluctuation of trade Bp. Newton. Trade is a fluctuating thing; it passed from Tyre to Alexandria, from Alexandria to Venice, from Venice to Antwerp, from Antwerp to Amsterdam and London β€” the English rivalling the Dutch; the French are now rivalling both. All nations, almost, are wisely applying themselves to trade, and it behoves those who are in possession of it to take the greatest care that they do not lose it. It is a plant of tender growth; it requires sun and soil and fine seasons to make it thrive and flourish. It will not grow like the palm tree, which, with the more weight and pressure, rises the more. Liberty is a friend to that, as that is a friend to liberty. But the greatest enemy to both in licentiousness, which tramples upon all law and lawful authority, encourages riots and tumults, sticks at nothing to support its extravagance, practises every art of illicit gain, ruins credit and trade, and will ruin liberty itself. Neither kingdoms, commonwealths, public companies, nor private persons, can long carry on a beneficial and flourishing trade without virtue and what virtue teaches β€” sobriety, industry, frugality, modesty, honesty, punctuality, humanity, charity, the love of our country, and the fear of our God. ( Bp. Newton. ) Justice P. Houghton. From these specific instances of justice let us extend our views to justice in general; let us consider its true nature and importance to human society; the obligations we are under to adhere to it inviolably; and the fatal consequences of every deviation. Justice is that virtue which teaches us to respect the rights of others, and to refrain from all injurious acts or purposes. 1. Some rights men are born to β€” such as the use of their own limbs, the free and uncontrolled exercise of their faculties of body and mind β€” these faculties, derived from the Author of life, sufficiently speak the intention of the Giver β€” that they should be freely, but at the same time innocently used β€” this is the equal birthright of every man. 2. Again, if every human being that God has made has a right to live, to breathe, to move, to think β€” he must also have a just claim to the product of his labour and his thought. 3. Another source of right springs from mutual, voluntary engagements β€” expressed, or implied β€” which ought all to be candidly interpreted, and conscientiously fulfilled. 4. Of all obligations the most binding and indispensable is to do no wrong to any; to hold the rightful claims of our fellow creatures sacred. First, all restraint upon personal liberty exercised by one man upon another β€” uncompelled by previous aggression β€” tends wantonly to defeat man's whole destination; and is therefore a daring outrage against the Author of his being. Equally, or rather more unjust and more criminal is it, to forge chains for the mind β€” to prohibit the use of reason β€” to compel men to violate their conscience. Next to the undisturbed use of our bodily and mental faculties, the fruits of their exertion, justice maintains inviolable β€” and consequently enjoins β€” the exact observance of those civil laws by which the disposal of property is regulated, "not merely for wrath, but for conscience sake." Moreover, independently of government and laws, that those contracts which are entered into for mutual aid and benefit, and without which mankind could not act collectively and in concert, are to be formed on fair and upright principles, and fulfilled with punctuality β€” is as evident as that man was created to be a social being, and that no one should undermine that mutual confidence and that willingness to combine and to cooperate together, on which the common good so manifestly depends. Nor do commercial or pecuniary concerns form the only province of justice. She is equally solicitous to render unto all their dues of every kind. She abstains as carefully from violating another's reputation as his property; of which, indeed, it often constitutes the most valuable part; and as scrupulously shuns taking any unfair advantage in the most secret transaction, as in the sight of all the world. Who is not sensible of the discordant and tumultuous state into which mankind would fall were justice to take her flight? Selfishness and rapine on all sides prevailing in a short time little would remain for the one to covet or the other to prey upon and monopolise. Justice is essential not only to the comfort, but to the subsistence of the species. But where neither the eye of man can penetrate, nor the hand of man can reach β€” there the claims of justice are felt by the truly upright; the reasonable expectations of their fellow creatures weighed in an impartial scale, and answered with the same conscientious care and unswerving rectitude, as if they were defined by the strictest statutes, and enforced by the severest penalties. Far beyond all formal compacts, all legal obligations, is the demand of reason and conscience on the just man. In comparing his own rights with those of others, his justice stretches into the domain of generosity; in comparing the claims of others between themselves his generosity never deviates from impartial justice. So imperceptible are the shades of difference that separate justice from generosity β€” whether we consider their motives, obligations, or effects β€” that, amongst the ancient philosophers justice was the common name assigned to both; and denoted the general principle of all the social virtues β€” and our Saviour comprehends all that is equitable and all that is kind and disinterested in one and the same precept β€” "Do unto others, as ye would that they should do unto you." I shall only add, that as justice is that virtue which is most essential to every social state, and that state which is reserved for the spirits of the just will be preeminently social; so the habits of justice, which have in this world been interwoven with all their sentiments and actions, must there attain their highest perfection and produce the happiest issue. ( P. Houghton. ).
Benson
Benson Commentary Deuteronomy 25:1 If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked. Deuteronomy 25:1 . If there be a controversy between men β€” Having made provision for the security of private right in some such remarkable cases as might be sufficient standards whereby to regulate all others, and having fixed punishments to the breach of the most capital laws, Moses now comes to such criminal matters as deserved only corporal penalties, and directs the inferior courts to be just and impartial in their proceedings upon all such complaints. They shall justify the righteous β€” Acquit him from guilt and false accusations, and free him from punishment. Condemn the wicked β€” Declare him guilty, and pass sentence of condemnation upon him to suitable punishment. Deuteronomy 25:2 And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number. Deuteronomy 25:2 . Worthy to be beaten β€” Which the Jews say was the case of all those who had committed crimes which the law commands to be punished, without expressing the kind or degree of punishment. Before his face β€” That the punishment might be duly inflicted, without excess or defect. And from this no person’s rank or quality exempted him, if he were a delinquent. Deuteronomy 25:3 Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee. Deuteronomy 25:3 . Forty stripes he may give him β€” The law of Moses very wisely limited the number of stripes, lest severe judges should order delinquents to be lashed to death, as was often done among the Romans, than which, perhaps, a more cruel kind of death can hardly be devised. And it seems not to have been superstition, but prudent caution, in the Jews, when they would not exceed thirty-nine stripes, lest, through mistake or forgetfulness, they should go beyond the bounds which they were commanded to keep. Thy brother should seem vile β€” Lest the judges, by exceeding the bounds of humanity, and that compassion which was due to a brother, a partaker of human nature in common with themselves, and one of the same nation and community, civil and religious, should be accustomed to think despicably of their poor brethren, and set their lives at naught. Or lest he should be made contemptible to his brethren, either by this cruel usage of him, as if he were a brute beast; or by some deformity or infirmity of body, which excessive beating might produce. Deuteronomy 25:4 Thou shalt not muzzle the ox when he treadeth out the corn . Deuteronomy 25:4 . When he treadeth out the corn β€” Which they did in those parts, either immediately by their hoofs, or by drawing carts or other instruments over the corn. Hereby God taught them humanity, even to their beasts that served them, and much more to their servants, or other men who laboured for them, especially to their ministers, 1 Corinthians 9:9 . Deuteronomy 25:5 If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her. Deuteronomy 25:5-6 . If brethren dwell together β€” In the same town, or, at least, country. For if the next brother had removed his habitation into remote parts, or were carried thither into captivity, then the wife of the dead had her liberty to marry the next kinsman that lived in the same place with her. One β€” Any of them, for the words are general, and the reason of the law was to keep up the distinction of tribes and families, that so the Messiah might be discovered by the family from which he was appointed to proceed; and also of inheritances, which were divided among all the brethren, the firstborn having only a double portion. A stranger β€” To one of another family. That his name be not put out β€” That a family be not lost. So this was a provision that the number of their families might not be diminished. Deuteronomy 25:6 And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel. Deuteronomy 25:7 And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband's brother. Deuteronomy 25:8 Then the elders of his city shall call him, and speak unto him: and if he stand to it , and say, I like not to take her; Deuteronomy 25:9 Then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother's house. Deuteronomy 25:9-10 . Loose his shoe β€” As a sign of his resignation of all his right to the woman, and to her husband’s inheritance; for as the shoe was a sign of one’s power and right, ( Psalm 60:8 ; Psalm 108:9 ,) so the parting with the shoe was a token of the alienation of such right; and as a note of infamy, to signify that by this disingenuous action he was unworthy to be among free men, and fit to be reduced to the condition of the meanest servants, who used to go barefoot, Isaiah 20:2 ; Isaiah 20:4 . His name β€” That is, his person, and his posterity also. So it was a lasting blot. Deuteronomy 25:10 And his name shall be called in Israel, The house of him that hath his shoe loosed. Deuteronomy 25:11 When men strive together one with another, and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, and taketh him by the secrets: Deuteronomy 25:12 Then thou shalt cut off her hand, thine eye shall not pity her . Deuteronomy 25:13 Thou shalt not have in thy bag divers weights, a great and a small. Deuteronomy 25:13 . Divers weights, great and small β€” The great to buy with, the small for selling. This law taught them to be so far from practising deceit, that they were not even to have the instruments of it by them. Would to God that there was no need to enforce the same law in our days! Deuteronomy 25:14 Thou shalt not have in thine house divers measures, a great and a small. Deuteronomy 25:15 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. Deuteronomy 25:16 For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God. Deuteronomy 25:17 Remember what Amalek did unto thee by the way, when ye were come forth out of Egypt; Deuteronomy 25:17-18 . Out of Egypt β€” Which circumstance greatly aggravated their sin, that they should do thus to a people who had been long exercised with sore afflictions, to whom pity was due by the laws of nature and humanity, and for whose rescue God had in so glorious a manner appeared, which they could not be ignorant of. And he feared not God β€” Though they feared Israel, whom they durst not look in the face, but cut them off behind, yet they feared not God, but acted a base and inhuman part, in contempt of the divine authority, and of all the miraculous interpositions of the divine providence in behalf of that chosen nation. So that while their conduct was barbarous to Israel, they set the great Jehovah at defiance. Deuteronomy 25:18 How he met thee by the way, and smote the hindmost of thee, even all that were feeble behind thee, when thou wast faint and weary; and he feared not God. Deuteronomy 25:19 Therefore it shall be, when the LORD thy God hath given thee rest from all thine enemies round about, in the land which the LORD thy God giveth thee for an inheritance to possess it, that thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it . Benson Commentary on the Old and New Testaments Text Courtesy of BibleSupport.com . Used by Permission.
Expositors
Expositor's Bible Commentary 00000000 LAW AND RELIGION Deuteronomy 12:1-32 ; Deuteronomy 13:1-18 ; Deuteronomy 14:1-29 ; Deuteronomy 15:1-23 ; Deuteronomy 16:1-22 ; Deuteronomy 17:1-20 ; Deuteronomy 18:1-22 ; Deuteronomy 19:1-21 ; Deuteronomy 20:1-20 ; Deuteronomy 21:1-23 ; Deuteronomy 22:1-30 ; Deuteronomy 23:1-25 ; Deuteronomy 24:1-22 ; Deuteronomy 25:1-19 ; Deuteronomy 26:1-19 WITH this section (chapters 12-26) we have at length reached the legislation to which all that has gone before is, in form at least, a prelude. But in its general outline this code, if it can be so called, has a very unexpected character. When we speak of a code of laws in modern days, what we mean is a series of statutes, carefully arranged under suitable heads, dealing with the rights and duties of the people, and providing remedies for all possible wrongs, then behind these laws there is the executive power of the Government, pledged to enforce them, and ready to punish any breaches of them which may be committed. In most cases, too, definite penalties are appointed for any disregard or transgression of them. Each word has been carefully selected, and it is understood that the very letter of the laws is to be binding. Every one tried by them knows that the exact terms of the laws are to be pressed against him, and that the thing aimed at is a rigorous, literal enforcement of every detail. Tried by such a conception, this Deuteronomic legislation looks very extraordinary and unintelligible. In the first place, there is very little of orderly sequence in it. Some large sections of it have a consecutive character; but there is no perceptible order in the succession of these sections, and there has been very little attempt to group the individual precepts under related heads. Moreover in many sections there is no mention of a penalty for disobedience, nor is there any machinery for enforcing the prescriptions of the code. There is, too, much in it that seems rather to be good advice, or direction for leading a righteous life, a life becoming an Israelite and a servant of Yahweh, than law. For instance, such a prescription as this, "If there be with thee a poor man, one of thy brethren, within any of thy gates, in thy land which Yahweh thy God giveth thee, thou shalt not harden thine heart nor shut thine hand from thy poor brother," can in no sense be treated as a law, in the hard technical sense of that word. It stands exactly on a level with the exhortations of the New Testament, e.g. , "Be not wise in your own conceits," "Render to no man evil for evil," and rather sets up an ideal of conduct which is to be striven after than establishes a law which must be complied with. There is no punishment prescribed for disobedience. All that follows if a man do harden his heart against his poor brother is the sting of conscience, which brings home to him that he is not living according to the will of God. In almost every respect, therefore, this Deuteronomic code differs from a modern code, and in dealing with it we must largely dismiss the ideas which naturally occur to us when we speak of a code of laws. Our conception of that is, clearly, not valid for these ancient codes; and we need not be surprised if we find that they will not bear being pressed home in all their details, as modern codes must be, and are meant to be. Great practical difficulties have arisen in India, Sir Henry Maine assures us, from applying the ideas of Western lawyers to the ancient and sacred codes of the East. He says that the effect of a procedure under which all the disputes of a community must be referred to regular law-courts is to stereotype ascertained usages, and to treat the oracular precepts of a sacred book as texts and precedents that must be enforced. The consequence is that vague and elastic social ordinances, which have hitherto varied according to the needs of the people, become fixed and immutable, and an Asiatic society finds itself arrested and, so to speak, imprisoned unexpectedly within its own formulas. Inconsistencies and contradictions, which were never perceived when these laws were worked by Easterns, who had a kind of instinctive perception of their true nature, became glaring and troublesome under Western rule, and much unintentional wrong has resulted. May it not be that the same thing has happened in the domain of literature in connection with these ancient Hebrew laws? Discrepancies, small and great, have been the commonplace of Pentateuch criticism for many years past, and on them very far-reaching theories have been built. It may easily be that some of these are the result rather of our failure to take into account the elastic nature of Asiatic law, and that a less strained application of modern notions would have led to a more reasonable interpretation. But granting that ordinary ancient law is not to be taken in our rigorous modern sense, yet the fact that what we are dealing with here is Divine law may seem to some to imply that in all its details it was meant to be fulfilled to the letter. If not, then in what sense is it inspired, and how can we be justified in regarding it as Divinely given? The reply to that is, of course, simply this, that inspiration makes free use of all forms of expression which are common and permissible at the time and place at which it utters itself. From all we know of the Divine methods of acting in the world, we have no right to suppose that in giving inspired laws God would create entirely new and different forms for Himself. On the contrary, legislation in ancient Israel, though Divine in its source, would naturally take the ordinary forms of ancient law. Moreover in this case it could hardly have been otherwise. As has already been pointed out, a large part of the Mosaic legislation must have been adopted from the customs of the various tribes who were welded into one by Moses. It cannot be conceived that the laws against stealing, for example, the penalties for murder, or the prescriptions for sacrifice, can have been first introduced by the great Lawgiver. He made much ancient customary law to be part and parcel of the Yahwistic legislation by simply taking it over. If so, then all that he added would naturally, as to form, be molded on what he found pre-existing. Consequently we may apply to this law, whether Divinely revealed or adopted, the same tests and methods of interpretation as we should apply to any other body of ancient Eastern law. Now of ancient Eastern codes the laws of Manu are the nearest approach to the Mosaic codes, and their character is thus stated by themselves (chapter 1., ver. 107): "In this work the sacred law has been fully stated, as well as the good and bad qualities of human actions and the immemorial rule of conduct to be followed by all." That means that in the code are to be found ritual laws, general moral precepts, and a large infusion of immemorial customs. And its history, as elicited by criticism, has very interesting hints to give us as to the probable course of legal development in primitive nations. It is sometimes said that the results of the criticism of the Old Testament, if true, present us with a literature which has gone through vicissitudes and editorial processes for which literary history elsewhere affords absolutely no parallel. However that may be as regards the historical and prophetical books, it is not true with regard to the legal portions of the Pentateuch. The very same processes are followed in Professor Buhler’s Introduction to his translation of the "Laws of Manu," forming Vol. 25. of "The Sacred Books of the East." as are followed, in the critical commentaries on the Old Testament law codes. Pages 67, seq. of Buhler’s Introduction read exactly like an extract from Kuenen or Dillmann: and the analysis of the text, with its resultant list of interpolations, runs as much into detail as any similar analysis in the Old Testament can do. Moreover the conjectures as to the growth of Manu’s code are, in many places, parallel to the critical theories of the growth of the Mosaic codes. The foundation of Manu is, in the last resort, threefold - the teaching of the Vedas, the decisions of those acquainted with the law, and the customs of virtuous Aryas. At a later time the teachers of the Vedic schools gathered up the more important of these precepts, decisions, and customs into manuals for the use of their pupils, written at first in aphoristic prose, and later in verse. These, however, were not systematic codes at all. As the name given them implies, they were strings of maxims or aphorisms. Later, these were set forth as binding upon all, and were revised into the form of which the "Laws of Manu" is the finest specimen. In Israel the process would appear to have been similar, though much simpler. It was similar; for though there are radical differences between the Aryan and the Semitic mind which must not be overlooked, the former being more systematic and fond of logical arrangement than the latter, a great many of the things which are common to Moses and Manu are quite independent of race, and are due to the fact that both legislations were to regulate the lives of men at the same stage of social advancement. But Manu was much later than Moses. Indeed, as we now have them, the laws of Manu are as late as the post-Ezraite Judaic code, and in temper and tone these two codes very nearly resemble each other. Consequently the earlier codes of the Pentateuch are simpler than Manu. When Israel left Egypt, custom must have been almost alone the guide of life. Moses’ task was to promulgate and force home his fundamental truths; in this view he must adopt and remodel the customary law so as to make it innocuous to the higher principles he introduced, or even to make it a vehicle for the popularizing of them. So far as he made codes, he would make them with that end. Consequently he would take up mainly such prominent points as were most capable of being, or which most urgently needed to be, moralized, leaving all the rest to custom where it was harmless. This is the reason, too, most probably, why the earlier codes are so short and so unsystematic. They are selections which needed special attention, not complete codes covering the whole of life. In fact the form and contents of all the Old Testament codes can be accounted for only on this supposition. As the codes lengthen, they do so simply by taking up, in a modified or unmodified form, so much more of the custom; and under the pressure of Yahwistic ideas these selected codes became more and more weighted with spiritual significance and power. That would seem to have been the process by which the inspired legislators of Israel did their work; and if it be so, some of the variations which are now taken to be certain indications of different ages and circumstances may simply represent local varieties of the same custom. Custom tends always to vary with the locality within certain narrow limits. It would be quite in accord with the general character of ancient customary law to believe that, provided the law was on the whole observed, there would be no inclination to insist upon excluding small local variations; and equally so that in a collection like the Pentateuch the custom of one locality should appear in one place, that of another in another. In that case, to insist that a certain sacrifice, for example, shall always consist of the same number of animals, and that any variation means a new and later legislation on the subject, is only to make a mistake. The discrepancy is made important only by applying modern English views of law to ancient law. Professor A. B. Davidson has shown in the Introduction to his "Ezekiel" (p. 53.) that this latter was probably Ezekiel’s view. "On any hypothesis of priority," he says, "the differences in details between him ( i.e. , Ezekiel) and the law ( i.e. , P) may be easiest explained by supposing that, while the sacrifices in general and the ideas which they expressed were fixed and current, the particulars, such as the kind of victims and the number of them, the precise quantity of meal, oil, and the like, were held non-essential and alterable when a change would better express the idea." The same principle would apply to the differences between Ezekiel and Deuteronomy, e.g. , the omission of the feast of weeks and of the law of the offering of the firstlings of the flock. If so, then obviously Ezekiel must have thought that the previous ritual law was not meant to be as binding as we make it. But, as has already been remarked, this law was elastic in more important matters; often, even when it seems to legislate, it is only setting up ideals of conduct. Before we leave this subject an example should be given, and the law of war may serve, especially if we compare it with the corresponding section of Manu. The provisions in Deuteronomy, chapter 20, according to which on the eve of a battle the officers should proclaim to the army that any man who had built a new house and had not dedicated it, or who had planted a vineyard and had not yet used the fruit of it, or who had betrothed a wife and not yet taken her, or who was afraid, should retire from the danger, as also the provisions that forbid the destruction of fruit-trees belonging to a besieged city, cannot have been meant as absolute laws. Yet that is no ground for supposing that they could have been introduced only after Israel, having ceased to be a sovereign state, waged no war, and that consequently they are interpolations in the original Deuteronomy. For the similar provisions of the laws of Manu were given while kings reigned, and were addressed to men constantly engaged in war. Yet this is what we find: "When he (the king) fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blowing with fire. Let him not strike one who (in flight) has climbed on an eminence, nor a eunuch, nor one who joins the palms of his hands (in supplication), nor one (who flees) with flying hair, nor one who sits down, nor one who says β€˜I am thine,’ nor one who sleeps, nor one who has lost his coat of mail, nor one who is naked, nor one who is disarmed, nor one who looks on without taking part in the fight, nor one who is fighting with another foe, nor one whose weapons are broken, nor one afflicted (with sorrow), nor one who has been grievously wounded, nor one who is in fear, nor one who has turned to flight; but in all these cases let him remember the duty (of honorable warriors)." With an exact and unremitting obligation to observe these precepts war would be impossible, and we may be sure that in neither case were they meant in that sense. They simply set forth the conduct which a chivalrous soldier would desire to follow, and would on fitting occasions actually follow; but by no means what he must do, or else break with his religion. Only by hypotheses like these can the form and the character of such laws be properly explained, and if we keep them constantly in mind, some at least of the difficulties which result from a comparison of the law and the histories may be mitigated. Such being the character of the Deuteronomic code, the question has been raised whether its introduction and acceptance by Josiah was not a falling away from the spirituality of ancient religion. Many modern writers, supported by St. Paul’s dicta concerning the law, say that it was. Indeed the very mention of law seems to depress writers on religion in these days, and Deuteronomy appears to be to them a name of fear. But whatever tendencies of modern thinking may have brought this about, it is nevertheless true that experience embodied in custom and law is the kindly nurse, not the deadly enemy, of moral and spiritual life. Without law a nation would be absolutely helpless; and it is inconceivable that at any stage of Israel’s history they were without this guide and support. As we have seen, they never were. First they had customary law; then along with that short special codes, e.g. , the Book of the Covenant and the Deuteronomic code; and even when the whole Pentateuchal law as we have it had been elaborated, a good deal must still have been left to custom. Consequently there was nothing so startling and revolutionary in the introduction of Deuteronomy as many have combined to represent. Indeed it is difficult to see how it altered anything in this respect. Of all forms of law, customary law is perhaps that which demands and receives most unswerving obedience. Under it, therefore, the pressure of law was heavier than it could be in any other form. It does not appear how the fact that those observing it did not think of that which they obeyed as law, but simply custom, altered the essential nature of their relation to it. They were guided by ordinances which did not express their own inward conviction, and were not a product of their own thought. They obeyed ordinances from without, and these ought therefore to have had the same effect upon the moral and spiritual life as written laws. For they cannot be said to have regulated only civil life. Religious life (even if the Book of the Covenant be Mosaic or sub-Mosaic, as I believe; much more if it be post-Davidic, as many say) must have been largely regulated by the customs of Israel. If law then be in its own nature, as the antinomians tell us, destructive of spontaneity and progress, if it necessarily externalizes religion, then there would have been as little room for the religion of the prophets before Deuteronomy as after it. But, as a matter of fact, no falling off in spirituality took place after Deuteronomy. Wellhausen says that with law freedom came to an end, and this was the death of prophecy. But he can support his thesis only by denying the name of prophet to all the prophets after Jeremiah. It is difficult to see the basis of such a distinction. It is judged by this, if by nothing else-that it compels Wellhausen to deny that the author of Second Isaiah is a prophet. That he wrote anonymously is held to prove that he felt this himself. Now a view so extraordinarily superficial has no root, and every reader of that most touching and sublime of all the Old Testament books will simply stand amazed at the depth of the critical prejudice which could dictate such a judgment. If the post-Deuteronomic prophets are not prophets, then there are no prophets at all, and the whole discussion becomes a useless logomachy. But even if Ezekiel and Second Isaiah and the rest are not prophets, they are at least full of spiritual life and power, so that the decay of spiritual religion which the adoption of Deuteronomy is supposed to have brought about must be considered purely imaginary on that ground also. And this contention is strengthened by the theories of the critical school themselves. If the bulk of the Psalms, as all critics incline to believe, or all of them, as some say, are post-exilic, then the first centuries of the post-exilic period must have been the most spiritually minded epoch in Israelite history. The depth of religious feeling exhibited in the Psalms, and the comprehension of the inwardness of man’s true relation to God by which they are penetrated, are the exact contrary of the externality and superficiality which the introduction of written law is said to have produced. So long as the Psalms were being written religious life must have been vigorous and healthy, and to date the beginnings of Pharisaic externalism from Josiah’s day must consequently be an error. After what has been said it is scarcely necessary to discuss Duhm’s views of the opposition between prophecy and Deuteronomy, It will be sufficient to ask how the latter can have turned against prophecy, when it is in its essence an embodiment of prophetic principles in law, and was introduced and supported by prophets. But, it may be said, after all prophecy did decay, and ultimately die, and that too during the period after Deuteronomy. Is there not in that admitted fact a presumption that this law did work against prophecy? If so, then it is more than met by the fact that the decay of spiritual religion became noticeable only some centuries after this, and that the immediate effect of Deuteronomy was rather to deepen and intensify religion, and to keep it alive amid all the vicissitudes of the Captivity and Return. Moreover the break-up of the national life was sufficient to account for the slow decay and final cessation of prophecy. From the first, prophecy had been concerned with the building up of a nation which should be faithful to Yahweh. Its main function had been to interpret and to foretell the great movements and crises of national life-to read God’s purpose in the great world movements and to proclaim it. With Israel’s death as a nation the field of prophecy became gradually circumscribed, and ultimately its voice ceased. Consequently, though in the main the final cessation of prophecy was connected with the rise of externalism in religion and with the great decay of spiritual life in the two or three centuries before Christ, the destruction of the nation would account for the feebleness of prophecy during a period when the inner spiritual life was flourishing as it flourished after Deuteronomy. Moreover, as religion became more inward and personal, prophecy, in the Old Testament sense, had less place. Though in New Testament times spiritual life and spiritual originality and power were more present than at any time in the world’s history, prophecy did not revive. In the whole New Testament there is not one purely prophetic book save the Revelation, and that is apocalyptic more than simply prophetic; and though there was an order of prophets in the early Church, if they had any special function other than that of preachers their office soon died out. If then the denationalizing of religion and its growth in individualism and inwardness in New Testament times prevented the revival of prophecy, we may surely gather that the same things, and not the introduction of written law, brought it to an end in the Old Testament. Nor does St. Paul’s judgment as to the meaning and use of law, in Galatians, when rightly understood, contradict this. No doubt he seems to say that the Mosaic law by its very nature as law is incompatible with grace, that it necessarily stands out of relation to faith, and that its principle is a purely external one, so much wages for so much work: Further, he clearly regards it as having been interpolated into the history of Israel between the promises given to Abraham and the fulfillment of them in the redemption by Christ, and as having served only to increase sin and to drive men thus to Christ. But when he says this he is replying mainly to the Pharisaic view of the law which was represented by the Judaizers, and finds himself all the more at home in refuting it that it was his own view before he became a Christian. According to that view, the whole law, both the moral and ceremonial provisions of it, was necessary to obtain moral righteousness, and the mere doing of the legally prescribed things gave a claim to the promised reward. So interpreted, law had all the evil qualities he states, and stood in absolute hostility to grace and faith, the great Christian principles. The only difficulty is that St. Paul does not say, as we should expect him to do, that originally the law was not meant to be so regarded. He seems to admit by his silence that the Pharisaic view of the law was the right one. But if he does, he cannot have meant to include Deuteronomy. For there law is made to have its root and ground in grace. It is given to Israel as a token of the free love of God, and it is a law of life which, if kept, would make them a peculiar people unto God. Further, love to God is to be the motive from which all obedience springs, so that this law is bound up with both grace and faith. But the probability is that St. Paul admits the Pharisaic view only because it is that view with which alone he has to contend in the case in hand. For in Romans 7:1-25 he gives us quite another conception of the Mosaic law. There he is thinking of it mainly from an ethical point of view, and he regards it as full of the Spirit of God, as a norm of moral life which not only continues to be valid in Christianity, but which finds in the Christian life the very fulfillment which it was intended to have. It presses home too the moral ideal upon the man with extraordinary power, and marks and emphasizes the terrible divergence between his aspirations and his actual performance. This is a much higher office than that which he assigns to law in Galatians; and hence one gathers that he is not speaking in Galatians exhaustively and conclusively, but is condemning rather a way of regarding the Mosaic law with which he had once sympathized than that law in its own essential character. In its moral aspects, as represented by the Decalogue, the law is of eternal obligation. From it comes the light which brings to the Christian that moral unrest and dissatisfaction which is one of God’s Divinest gifts to His people. In this aspect, the law is holy and just and good: instead of favoring the critical view St. Paul leaves it without any fragment of real support. Our conclusion is, therefore, that the anti-nomianism, which makes the acknowledgment of Deuteronomy by Josiah and his people the turning-point for the worse in the religious history of Israel, is unfounded. The nation had always been under law, and previous to Deuteronomy under even written law. This code was not in any previously unheard-of way made the law of the kingdom. Its very contents are conclusive against that view, for it contains much that could not be enforced by the State. Instead of trying to do by external means that which the persuasions of the prophets had failed to do, Josiah and his people did just what they would have had to do, when they became convinced that the prophetic principles ought to be carried out. They made an agreement to follow these Divine commands, these God-given principles, in actual life. But there is no hint that they regarded Deuteronomy as the sum of the Divine ordinances for the life of men. Indeed there are many references to other Divine laws; and the priestly oracle remained, after Deuteronomy as before it, a source of Divine guidance. Deuteronomy therefore did not destroy prophecy; the post-exilic Psalms are proof that it did not destroy spiritual life: and the Pauline view of the law, in at least one series of passages, coincides entirely with the view that law stated as it is stated in Deuteronomy may be one of the mightiest influences to mould, and enrich, and deepen, moral and spiritual life. Deuteronomy 25:1 If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked. 0 LAWS OF KINDNESS WITH the commands we now have to consider, we leave altogether the region of strict law, and enter entirely upon that of aspiration and of feeling. Kindness, by its very nature, eludes the rude compulsion of law, properly so called. It ceases to be kindness when it loses spontaneity and freedom. Precept, therefore, not law, is the utmost that any lawgiver can give in respect to it; and this is precisely what we have in Deuteronomy, so far as it endeavors to incite men to gentleness, goodness, and courtesy to one another. The author gives his people an ideal of what they ought to be in these respects, and presses it home upon them with the heartfelt earnestness which distinguishes him. That is all; but yet, if we are to do justice to him as a lawgiver, we must consider and estimate the moral value of these precepts; for, properly speaking, they are the flower of his legal principles, and they reveal in detail, and therefore, for the average man, most impressively, the spirit in which his whole legislation was conceived. In the abstract no doubt he had told us that love-love to Yahweh-was to he the fundamental thing, and we have seen how deep and wide-reaching that announcement was. But a review of the precepts which indicate how he conceived that love to God should affect men’s relations with men, will give that general principle a definiteness and a concreteness more impressive than a thousand homilies. For the conception that a relation of love is the only fit relation between man and God, could not, if it were sincerely taken up, fail to throw light upon men’s true relations to each other. Consequently the great declaration of the sixth chapter was bound to re-echo in the precepts to guide conduct, giving new sanctity and breadth to all man’s duty to his fellows. Of course the risk of great failure was nigh at hand: for men may be intellectually convinced that love is the element in which life ought to be lived, and may proclaim it, who are far from being actually penetrated and filled with love, tested and increased by communion with God. As a result, much talk about love and kindly human duty has fallen with but little impulsive power upon the hearts of men. When, however, it is felt to be the expression of a present experience, such exhortation has power to move men as no other words can do. And the author of Deuteronomy was one of those who had this divinely given secret. In all parts of his book you find his words becoming winged with power, wherever love to God and man is even remotely touched upon. If our hypothesis as to the age in which he lived and wrote be correct, his must have been one of those high and rare natures which are not embittered by persecution or contemptuous neglect. Long before our Lord had spoken His decisive words on our duty to our neighbor, or St. Paul had written his great hymn to love, this man of God had been chosen to feel the truth, and had suffused his book with it, so that the only principle which can be recognized as binding together all his precepts is the central principle of the New Testament. Of course that made his ideal too high for present realization; but he gained more than he lost; for, from Jeremiah and Josiah downwards through the years, all the noblest of his people responded to him. The splendor of his thought cast reflections upon their minds, and these glowed and shone amid the meaner lights which Pharisaism kindled and cherished, till He came whose right it was to reign. Then Deuteronomy’s true rank was seen; for from it Christ took the answers by which He repelled Satan in the temptation, and from it, too, He took that commandment which He called the first and greatest. Of course the humanity of the book had not, in expression at least, the imperial sweep of Christian brotherhood which makes all men equal, so that for it there is neither Jew nor Gentile, neither wise nor unwise, neither male nor female, neither bond nor free. But all the chosen people are included in its sympathy; and in this field, without undue interference with private life, the author sets forth by specimen cases how the fraternal feeling should manifest itself in loving, neighborly kindness. As these laws or precepts of kindness are not systematically arranged, it will be necessary to group them, and we shall take first those in which it is prescribed that injury to others should be avoided. Of course criminal wrongs are not dealt with here. They have already been forbidden in the strictly legal portions of the book, and penalties have been attached to them. But in the region beyond law, there are many acts in which the difference between a good, and kindly, and sympathetic man, and a morose, and sullen, and unkindly one, can be even more clearly seen. In that region Deuteronomy is unmistakably on the side of sympathy. The poor, the slave, the helpless should, it teaches, be objects of special care to the true son of Israel. They should be treated, it shows, with a generous perception of the peculiar difficulties of their lot; and pressure upon them at these special points where their lot is hard should be abhorrent to every Israelite. The first in order of the precepts which we are considering {Deu 22:8} -"When thou buildest a new house, then thou shalt make a railing for thy roof, that thou bring not blood upon thine house, if any man fall from thence"-reveals the fatherly and loving temper which it is the author’s delight to attribute to Yahweh. As eartIn matters like these, the unsophisticated religion, of the Old Testament is most helpful to us today. We have analyzed, and refined, and dimmed all things into abstractions, God and man