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1If you see your fellow Israelite’s ox or sheep straying, do not ignore it but be sure to take it back to its owner. 2If they do not live near you or if you do not know who owns it, take it home with you and keep it until they come looking for it. Then give it back. 3Do the same if you find their donkey or cloak or anything else they have lost. Do not ignore it. 4If you see your fellow Israelite’s donkey or ox fallen on the road, do not ignore it. Help the owner get it to its feet. 5A woman must not wear men’s clothing, nor a man wear women’s clothing, for the Lord your God detests anyone who does this. 6If you come across a bird’s nest beside the road, either in a tree or on the ground, and the mother is sitting on the young or on the eggs, do not take the mother with the young. 7You may take the young, but be sure to let the mother go, so that it may go well with you and you may have a long life. 8When you build a new house, make a parapet around your roof so that you may not bring the guilt of bloodshed on your house if someone falls from the roof. 9Do not plant two kinds of seed in your vineyard; if you do, not only the crops you plant but also the fruit of the vineyard will be defiled. 10Do not plow with an ox and a donkey yoked together. 11Do not wear clothes of wool and linen woven together. 12Make tassels on the four corners of the cloak you wear. 13If a man takes a wife and, after sleeping with her, dislikes her 14and slanders her and gives her a bad name, saying, β€œI married this woman, but when I approached her, I did not find proof of her virginity,” 15then the young woman’s father and mother shall bring to the town elders at the gate proof that she was a virgin. 16Her father will say to the elders, β€œI gave my daughter in marriage to this man, but he dislikes her. 17Now he has slandered her and said, β€˜I did not find your daughter to be a virgin.’ But here is the proof of my daughter’s virginity.” Then her parents shall display the cloth before the elders of the town, 18and the elders shall take the man and punish him. 19They shall fine him a hundred shekels of silver and give them to the young woman’s father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives. 20If, however, the charge is true and no proof of the young woman’s virginity can be found, 21she shall be brought to the door of her father’s house and there the men of her town shall stone her to death. She has done an outrageous thing in Israel by being promiscuous while still in her father’s house. You must purge the evil from among you. 22If a man is found sleeping with another man’s wife, both the man who slept with her and the woman must die. You must purge the evil from Israel. 23If a man happens to meet in a town a virgin pledged to be married and he sleeps with her, 24you shall take both of them to the gate of that town and stone them to deathβ€”the young woman because she was in a town and did not scream for help, and the man because he violated another man’s wife. You must purge the evil from among you. 25But if out in the country a man happens to meet a young woman pledged to be married and rapes her, only the man who has done this shall die. 26Do nothing to the woman; she has committed no sin deserving death. This case is like that of someone who attacks and murders a neighbor, 27for the man found the young woman out in the country, and though the betrothed woman screamed, there was no one to rescue her. 28If a man happens to meet a virgin who is not pledged to be married and rapes her and they are discovered, 29he shall pay her father fifty shekels of silver. He must marry the young woman, for he has violated her. He can never divorce her as long as he lives. 30A man is not to marry his father’s wife; he must not dishonor his father’s bed.
Commentary 4
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Matthew Henry
Deuteronomy 22
22:1-4 If we duly regard the golden rule of doing to others as we would they should do unto us, many particular precepts might be omitted. We can have no property in any thing that we find. Religion teaches us to be neighbourly, and to be ready to do all good offices to all men. We know not how soon we may have occasion for help. 22:5-12 God's providence extends itself to the smallest affairs, and 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. Yet the tendency of these laws, which seem little, is such, that being found among the things of God's law, they are to be accounted great things. If we would prove ourselves to be God's people, we must have respect to his will and to his glory, and not to the vain fashions of the world. Even in putting on our garments, as in eating or in drinking, all must be done with a serious regard to preserve our own and others' purity in heart and actions. Our eye should be single, our heart simple, and our behaviour all of a piece. 22:13-30 These and the like regulations might be needful then, and yet it is not necessary that we should curiously examine respecting them. The laws relate to the seventh commandment, laying a restraint upon fleshly lusts which war against the soul.
Illustrator
Deuteronomy 22
Thy brother's ox or his sheep. Deuteronomy 22:1-4 Restoration of stray cattle and lost goods J. Wolfendale. Moses urges right action in manifold relations of national life, and teaches Israel to regard all arrangements of God as sacred. They were never to cherish any bitterness or hostility towards a neighbour, but restore stray animals and lost goods. I. AN INDICATION OF GOD'S PROVIDENCE. "Doth God care for oxen?" Yes; and observes them go astray, or fall beneath their heavy burden. He legislates for them, and our treatment of them is reverence or disobedience to His command. "Thou shalt not see," etc. II. AN OPPORTUNITY OF NEIGHBOURLY KINDNESS. "Thy brother" comprehends relatives, neighbours, strangers, and enemies even ( Exodus 23:4 ). The property of any person which is in danger shall be protected and restored. Love should rule in all actions, and daily incidents afford the chance of displaying it. 1. Kindness regardless of trouble. "If thy brother be not nigh unto thee, and if thou know him not," seek him out and find him if possible. 2. Kindness regardless of expense. If really unable to find the owner, feed and keep it for a time at thine own expense. "Then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it." If such care must be taken for the ex, what great anxiety should we display for the temporal and spiritual welfare of our neighbour himself! III. AN EXPRESSION OF HUMANITY. "Thou shalt not hide thyself." Indifference or joy in the misfortune would be cruelty to dumb creatures and a violation of the common rights of humanity. 1. In restoring the lost. Cattle easily go astray and wander over the fence and from the fold. If seen they must be brought back and not hidden away. 2. In helping up the fallen. The ass ill-treated and over-laden may fall down through rough or slippery roads. Pity must prompt a helping hand. "Thou shalt surely help him to lift them up again." Thus common justice and charity are taught by the law of nature and enforced by the law of Moses. Principles which anticipate the Gospel and embody themselves in one of its grandest precepts, "Love your enemies." ( J. Wolfendale. ) Fraternal responsibilities J. Parker, D. D. The word "brother" is not to be read in a limited sense, as if referring to a relation by blood. That is evident from expression in the second verse, "If thou know him not." The reference is general β€” to a brother-man. In Exodus the term used is not brother, but "enemy" β€” "If thine enemy's ox, or ass, or sheep...." It is needful to understand this clearly, lest we suppose that the directions given in the Bible are merely of a domestic and limited kind. "Thou shalt not see thy brother's ox or his sheep go astray." That is not the literal rendering of the term; the literal rendering would be, "Thou shalt not see thy brother's ox or his sheep driven away" β€” another man behind them, and driving them on as if he were taking them to his own field. We are not to see actions of this kind and be quiet: there is a time to speak; and of all times calling for indignant eloquence and protest there are none like those which are marked by oppression and wrong-doing. Adopting this principle, how does the passage open itself to our inquiry? Thus β€” 1. If we must not see our brother's ox being driven away, can we stand back and behold his mind being forced into wrong or evil directions? It were an immoral morality to contend that we must be anxious about the man's ox but care nothing about the man's understanding. We do not live in Deuteronomy: we live within the circle of the Cross; we are followers of the Lord Jesus Christ; our morality or our philanthropy, therefore, does not end in solicitude regarding ox, or sheep, or ass: we are called to the broader concern, the tenderer interest, which relates to the human mind and the human soul. Take it from another point of view. 2. If careful about the sheep, is there to be no care concerning the man's good name? We are told that to steal the purse is to steal trash β€” it is something β€” nothing; 'twas mine, 'twas his β€” a mere rearrangement of property; "but he that filches from me my good name robs me of that which not enriches him, and makes me poor indeed." We are the keepers of our brother: his good name is ours. When the reputation of a Christian man goes down or is being driven away, the sum total of Christian influence is diminished; in this sense we are not to live unto ourselves or for ourselves; every soul is part of the common stock of humanity, and when one member is exalted the whole body is raised in a worthy ascension, and when one member is debased or wronged or robbed a felony has been committed upon the consolidated property of the Church. Thus we are led into philanthropic relations, social trusteeships, and are bound one to another; and if we see a man's reputation driven away by some cruel hand β€” even though the reputation be that of an enemy β€” we are to say, "Be just and fear not," β€” let us know both sides of the case; there must be no immoral partiality; surely in the worst of cases there must be some redeeming points. Take it from another point. 3. "In like manner shalt thou do with...his raiment." And are we to be careful about the man's raiment, and care nothing about his aspirations? Is it nothing to us that the man never lifts his head towards the wider spaces, and wonders what the lights are that glitter in the distant arch? Is it nothing to us that the man never sighs after some larger sphere, or ponders concerning some nobler possibility of life? Finding a man driving himself away, we are bound to arouse him in the Creator's name and to accuse him of the worst species of suicide. 4. Can we see our brother's ass being driven away and ears nothing what becomes of his child? Save the children, and begin your work as soon as possible. It is sad to see the little children left to themselves; and therefore ineffably beautiful to mark the concern which interests itself in the education and redemption of the young. A poet says he was nearer heaven in his childhood than he ever was in after days, and he sweetly prayed that he might return through his yesterdays and through his childhood back to God. That is chronologically impossible β€” locally and physically not to be done; and yet that is the very miracle which is to be performed in the soul β€” in the spirit; we must be "born again." It is a coward's trick to close the eyes whilst wrong is being done in order that we may not see it. It is easy to escape distress, perplexity, and to flee away from the burdens of other men; but the whole word is, "Thou shalt not hide thyself," but "thou shalt surely help him." Who can undervalue a Bible which speaks in such a tone? The proverb "Every man must take care of himself" has no place in the Book of God. We must take care of one another. Christianity means nothing if it does not mean the unity of the human race, the common rights of humanity: and he who fails to interpose in all cases of injustice and wrong-doing, or suffering which he can relieve, may be a great theologian, but he is not a Christian. ( J. Parker, D. D. ) A kind heart One day President Lincoln was walking out with his secretary, when suddenly he stopped by a shrub and gazed into it. Stooping down he ran his hands through the twigs and leaves as if to take something. His secretary inquired what he was after. Said Mr. Lincoln, "Here is a little bird fallen from its nest, and I am trying to put it back again." True kindness ever springs instinctively from lives permeated with goodness. "Kind hearts are more than coronets." Helping up C. Garrett. We have lately been doing a blessed work amongst the cabmen of Manchester, many of whom have signed the pledge. I heard the other night that one of them had broken his pledge and I went to the cab rooms to look after him. I saw him there, but he tried to avoid me. He was ashamed to face me. I followed him up, and at last he presented himself before me, wearing a most dejected look. I said to him, "When you are driving your cab, and your horse falls down, what do you do?" "I jumps off the box and tries to help him up again." "That is it, my friend, I replied. "I heard you had fallen, and so I got off my box to help you up. Will you get up? There is my hand." He caught hold of it with a grasp like a vice, and said, "I will, sir; before God, and under His own blue heavens, I promise you that I will not touch a drop of strong drink again; and you will never have to regret the trouble you have taken with me." Oh, Christian friends, there are many poor drunkards who have fallen down. "Will you not get off the box, and help them up?" ( C. Garrett. ) The woman shall not wear that which pertaineth unto a man. Deuteronomy 22:5 Dominion of fashion T. De Witt Talmage. God thought womanly attire of enough importance to have it discussed in the Bible. Just in proportion as the morals of a country or an age are depressed is that law defied. Show me the fashion plates of any century from the time of the Deluge to this, and I will tell you the exact state of public morals. Ever and anon we have imported from France, or perhaps invented on this side the sea, a style that proposes as far as possible to make women dress like men. The costumes of the countries are different, and in the same country may change, but there is a divinely ordered dissimilarity which must be forever observed. Any divergence from this is administrative of vice and runs against the keen thrust of the text. In my text, as by a parable, it is made evident that Moses, the inspired writer, as vehemently as ourselves, reprehends the effeminate man and the masculine woman. 1. My text also sanctions fashion. Indeed, it sets a fashion! There is a great deal of senseless cant on the subject of fashion. A woman or man who does not regard it is unfit for good neighbourhood. The only question is, what is right fashion and what is wrong fashion. Fashion has been one of the most potent of reformers, and one of the vilest of usurpers. Sometimes it has been an angel from heaven, and at others it has been the mother of abomination. As the world grows better there will be as much fashion as now, but it will be a righteous fashion. In the future life white robes always have been and always will be in the fashion. The accomplishments of life are in no wise productive of effeminacy or enervation. Good manners and a respect for the tastes of others are indispensable. The Good Book speaks favourably of those who are a "peculiar" people; but that does not sanction the behaviour of queer people. There is no excuse, under any circumstances, for not being and acting the lady or gentleman. Rudeness is sin. As Christianity advances there will be better apparel, higher styles of architecture, more exquisite adornments, sweeter music, grander pictures, more correct behaviour, and more thorough ladies and gentlemen. But there is another story to be told. 2. Wrong fashion is to be charged with many of the worst evils of society, and its path has often been strewn with the bodies of the slain. It has often set up a false standard by which people are to be judged. Our common sense, as well as all the Divine intimations on the subject, teach us that people ought to be esteemed according to their individual and moral attainments. The man who has the most nobility of soul should be first, and he who has the least of such qualities should stand last. Truth, honour, charity, heroism, self-sacrifice should win highest favour; but inordinate fashion says, "Count not a woman's virtues; count her adornments." "Look not at the contour of the head, but see the way she combs her hair." 3. Wrong fashion is productive of a most ruinous strife. The expenditure of many households is adjusted by what their neighbours have, not by what they themselves can afford to have; and the great anxiety is as to who shall have the finest house and the most costly equipage. 4. Again, wrong fashion makes people unnatural and untrue. It is a factory from which has come forth more hollow pretences and unmeaning flatteries than the Lowell mills ever turned out shawls and garments. Fashion is the greatest of all liars. It has made society insincere. You know not what to believe. When people ask you to come, you do not know whether or not they want you to come. When they send their regards, you do not know whether it is an expression of their heart or an external civility. We have learned to take almost everything at a discount. 5. Again, wrong fashion is incompatible with happiness. Those who depend for their comfort upon the admiration of others are subject to frequent disappointment. Somebody will criticise their appearance or surpass them in brilliancy, or will receive more attention. Oh, the jealousy and detraction and heartburnings of those who move in this bewildered maze! Poor butterflies! Bright wings do not always bring happiness. 6. Again, devotion to wrong fashion is productive of physical disease, mental imbecility, and spiritual withering. Apparel insufficient to keep out the cold and the rain, or so fitted upon the person that the functions of life are restrained; late hours filled with excitement and feasting; free draughts of wine that make one not beastly intoxicated, but only fashionably drunk; and luxurious indolence β€” are the instruments by which this unreal life pushes its disciples into valetudinarianism and the grave. Wrong fashion is the world's undertaker, and drives thousands of hearses to churchyards and cemeteries. 7. But, worse than that, this folly is an intellectual depletion. What is the matter with that woman wrought up into the agony of despair? Oh, her muff is out of fashion! 8. Worse than all, this folly is not satisfied until it has extirpated every moral sentiment and blasted the soul. A wardrobe is the rock upon which many a soul has been riven. The excitement of a luxurious life has been the vortex that has swallowed up more souls than the maelstrom off Norway ever destroyed ships. What room for elevating themes in a heart filled with the trivial and unreal? ( T. De Witt Talmage. ) If a bird's nest chance to be before thee. Deuteronomy 22:6, 7 How to take a bird's nest S. Cox, D. D. Does God take thought for birds, then? Yes, even for birds. They sow not, neither do they reap; yet our heavenly Father feedeth them. Christ: cared for birds, then; and therefore we may be sure that God cares for them. And this God, says Jesus, is your Father. He loves you even more than He loves the birds, and guards you with a more watchful care. You would laugh if I were to ask you, What does your mother love best, the canary that sings in the cage, or the little girl who sits in her lap? And you may be quite as sure that you are "better" to your Father in heaven "than many sparrows"; yes, and better than all the birds He ever made. But if you are so dear to God, your Father, should you not love Him because He loves you, and prove your love by caring for what He cares for? Well, He cares for birds. He marks the trees "where the birds build their nests," and "sing among the branches"; and He shows us, in one of the Psalms ( Psalm 104:12, 17 ), that He observes what kinds of trees the different birds select for use; does He not say, "As for the stork, the fir trees are her house"? Now, I dare say some of you boys are pleased to find that there is such a law, or rule, as this in the Bible. You have not been quite sure in your minds, perhaps, whether it was right or wrong to take a bird's nest, or even to take the eggs from the nest. And, I dare say, when you heard me read my text you thought, "Well, that's a capital rule! If I mustn't take the old bird, at least I may take the young ones or the eggs." But are you sure that that is the right way to read the Rule? But, to be honest with you, I am afraid it is wrong. As God loves the birds and takes care of them, so will you, if you are good children of our Father who is in heaven. And is it taking care of them to rob them of the beautiful little houses which they have spent so much toil in building? Of course, if we really want eggs or birds we may take them, whether we want them as food for the body or food for the mind; for God has put them all at our service. But to take them wantonly, without thought, without necessity, simply for the fun of it, is to wrong creatures whom God loves. I. IT SET A LIMIT TO THE NATURAL GREED OF MEN. What would be the first impulse of a Jew who found the nest of a quail, or a partridge, with the mother bird sitting on the young ones or the eggs? Of course, his first impulse would be to take all he could get, the old bird as well as the eggs or the young. But to do that might be very poor thrift, and very poor morality. For in destroying the parent bird with the young the man might be helping to destroy a whole breed of valuable birds. He would get a dinner for today, but he would be lessening his chance of finding one tomorrow, tie would be helping himself, but he might also be injuring his neighbour. "Don't be greedy," then, is the first lesson we find in our bird's nest. "Don't snatch at all you can for today, careless about tomorrow." II. Another lesson taught by this law about a bird's nest is this β€” IT BRINGS THE LAW OF GOD INTO THE LITTLE THINGS OF LIFE. And that is just where we most need it, and are most apt to forget it. III. But this rule about birds nesting teaches us that ALL LOVE IS SACRED; and this is the most beautiful lesson I have found in it. Now, think. If you were to find a nest, and saw the mother bird with a brood of young ones under her wings, what would it be that would give you a good chance of catching her? It would simply be her love for her nestlings. If she cared only for herself she could fly away out of your reach. But if the love of a bird is sacred, how much more sacred is the love of a boy or a girl, of a woman or a man! All love is sacred. It is base and wicked to take advantage of it, to turn it against itself, to use it for selfish ends. I would have you think, therefore, how great a power love gives you, and how base and wrong it is to abuse that power. Love is the strongest thing in the world. People will do for love what they would do for nothing else. And there are those who know that, and who take such base advantage of it that they sometimes ruin the character and spoil the life of those who love and trust them. There is nothing in the world so wicked, so base, so vile. If you have parents, or brothers and sisters, or young companions and friends, who love you dearly, oh take heed what you do! Their love will be the comfort and joy of your lives if you retain and respond to it. But that love puts them in your power. You may hurt them through it, and grieve them through it, and make them go wrong when, but for you, they would have gone right. And if you do, you will be scorned by all good men and women. If you do, what will you say to the God of all love, and what will He say to you, when you stand before Him? And that brings me to the very last word I have to say to you. Who is it that loves you best of all, most purely, most forgivingly, most tenderly? And perhaps you are abusing God's love. ( S. Cox, D. D. ) The law of the bird's nest T. Champness. Does God think it worth while to make mention of the nest of a bird? Yes, He does. In those old Hebrew days, if the people saw a lad coming with a bird's nest, and bringing the old bird as well as the young, they could tell him that his father and mother would most likely live to attend his funeral! He would not live to be a grey-headed man. No; length of days went with obedience. Birds nests are much more wonderful things than many people think. What labour, skill, and patience each little builder displays before he has at home for his bride! Has it ever occurred to you that each kind of bird builds its own kind of nest? The thrush makes his home very like the blackbird, only always papers it. By a clever mixture of decayed wood and clay he puts a lining inside the home. But it is in foreign lands, where birds have other enemies besides men to fear, that greater ingenuity is displayed. Some build their little homes so as to hang from the bough of a tree right over a sheet of water, so that if the monkey finds the nest he cannot get at it, because his weight would sink him into the water. The entrance to the nest of others is made at the bottom, and the little house is suspended from the branch of a tree. There is one kind of bird called the tailor, who sews two leaves together so as to deceive the eye, for they look like one leaf and not two, We should think it a wonderful thing if we saw a horse building its own stable, yet this is not more wonderful than the bird building its own dwelling. God has shown His wisdom and power in putting the skill into the life of the bird, and this skill gives him rights. We always count it due to originality that it should be benefited by its productions. Invention gives rights. If this be so, does not God's originality give Him a claim? What I am anxious to teach is this: Where you see the mark of God's hand, listen for His voice. Where creation comes, kingly claims must be mot. Let this rule be followed, and what a change would come over the world! None but God can make things grow. Ought He not, then, to be revered and obeyed wherever He creates? Who but God could have designed the horse, so strong and fleet? What a marvellous combination of muscular and nervous force there is in the noble animal! Did the Creator endue this splendid beast with this vigour and activity that men should meet by the thousand to win or lose money? But it is time we considered "the law of the bird's nest." If you saw the mother bird sitting, you might take eggs or young birds, but you must "let the dam go." Why? Because God sees that it is not wise to take all that is within your reach. Let the old bird fly; she will live to have another brood. This law acts beneficially on all sides. If George III had known this, he would not have been so greedy with the settlers in America. He strove to grasp all, and lost the United States. What might not that land have been under the Union Jack? It is a great nation, but not what it might have been. And how it would have nourished England, instead of being her rival! Many a family would have been saved irritation and heartbreak if grasping at all had not been the rule. Taking all within reach often means that affection is slain by selfishness, and duty driven away for want of knowing that God wants you to leave something for others to enjoy. When will Capital and Labour learn that to take all you can is to injure self? To grasp at too much is to lose greatly. When men have learned to let the old bird go, strikes and lock-outs will be no more. Commerce flourishes by not grasping at too much. One of the cleverest tradesmen I ever knew told me that one secret of his success was the way he bought his stock. He had great skill in this matter, and, said he, "When I buy well, I say, how much of this extra profit can I give to my customers?" Is it any wonder that his shop had a name for good stuff at a low price, and that he made money when others lost it? When men have learned to let the old bird go they will keep the Sabbath day holy. God gives men six days but claims the seventh. But we shall fail to get all the good taught in the text if we do not see that here we have God's tribute to maternal affection. It is wonderful how brave a little timid bird will become in the defence of her young. She will sit there, and not try to save herself in her anxiety for the helpless brood which nestles under her wings. Is there some poor woman reading this who wonders how she is to provide for the children, now that her husband is no more? Poor widow, dost thou not see that if God cares for the bird's nest He cares for thy home, and if He would protect the thrush or the wren He will not forget thy little ones? Does not God speak to young people here? If He thinks so much of a mother's love as to mark the affection of a bird for her young, how does He feel when He sees us treat our parents with neglect or cruelty? It is an old, and we fear true, proverb, that "The old cat catches mice for the kittens, but the kitten never brings the old cat one." Should that old saying apply to us? Yes, God has shown His approval here of a mother's affection. Do not let any of us feel as some men feel when they are summoned to see their mother die. I don't want you to feel as a man did who had been sent for to bid his mother goodbye. She had worked hard for her large family; washed and baked and wrought to bring them up and save a bit of money to start them in the world; and just when she ought to have been in her prime she broke down and had to die. As the young man looked at her face, wrinkled and faded, he thought of the way she had toiled for her children, he remembered that he had never shown her any attention, had not ever kissed her since he was a little child, and the tears came into his eyes! He bent down and put his lips to hers, lovingly though awkwardly, and said, "You have been a good mother to us, you have that! She looked at him as though she could not understand the kiss and the words of appreciation, and said with a sigh, "Eh, John, I wish thou had said so before!" ( T. Champness. ) The bird's nest H. Melvill, B. D. We are very much struck with this law, not because it has to do with a matter apparently trifling, but because there is annexed to it the same promise as to commandments of the highest requirement. The commandment may have to do with a trivial thing: but it is evident enough that it cannot be a trivial commandment; indeed, no commandment can be which proceeds from God. Let us endeavour to ascertain on what principles the precept before us is founded, what dispositions it inculcates, and we shall find that there is no cause for surprise in the annexment of a promise of long life to obedience to the direction, "If a bird's nest chance to be," etc. Now, you will see at once that, had the precept been of a more stringent character, it might, in some sense, have been more easily vindicated and explained. Had it forbidden altogether the meddling with the nest, had it required that not only should the mother bird be let go, but that neither the young birds nor the eggs should be taken, it would at once have been said that God was graciously protecting the inferior creation, and forbidding man to act towards them with any kind of cruelty. But the precept permits the taking the nest; it does not even hint that it might be better to let the nest alone; it simply confines itself to protecting the parent bird, and thus allows, if it does not actually direct, what may be thought an inhuman thing, the carrying off the young to the manifest disappointment and pain of the mother. It should not, however, be unobserved that the precept does not touch the case in which there is an actual looking for the nest. It is not a direction as to what should be done if a nest were found after diligent search, but only as to what should be done if a nest were found by mere chance or accident. Without pretending to argue that God would have forbidden the searching for the nest, it is highly probable that there was something significant in this direction as to taking the nest, in the particular case when that nest had been unwisely placed. We are sure, from various testimonies of Scripture, that God has designed to instruct us in and through the inferior creation, the birds of the air and the beasts of the field being often appealed to when men have to be taught and admonished. And we know not, therefore, that there can be anything far fetched in supposing that, by sanctioning a sort of injury to the bird, which had built its nest in an insecure place, God meant to teach us that, if we will not take due precautions for our own safety we are not to expect the shield of His protection. But now as to the permission itself. Were not the Israelites here taught to be moderate in their desires? It was like giving a lesson against covetousness, a lesson so constructed as to be capable of being reproduced in great variety of circumstances, when the finder of a prize, who might fancy himself at liberty to appropriate the whole, was required to content himself with a part. There was also in the precept a lesson against recklessness or waste. It required man, whilst supplying his present wants, to have due regard to his future; yea, and to the wants of others as well as to his own. You may apply the principle to a hundred cases. Whenever men live upon the capital, when the interest would suffice; whenever they recklessly consume all their earnings, though those earnings might enable them to lay something by; when, so long as, by eager grasping, they can secure what they like for themselves, they are utterly indifferent as to interfering with the supplies and enjoyments of others β€” in every such case they are violating the precept before us; they are taking the old bird with the young: as, on the other hand, by treating as a sin anything like wastefulness, by a prudent management of the gifts and mercies of God, by such a wise husbandry of resources as shall prove a consciousness that the Divine liberality, in place of sanctioning extravagance, should be a motive to economy, they may be said to be virtually obeying the precept; they are taking the young, but letting the dam go. But now let us look more narrowly into the reasons of the precept: we shall probably find, if we examine the peculiarities of the case, that the commandment before us has a yet more direct and extensive application. It could only be, you will observe, the attachment of the mother bird to its young which, for the most part, would put it in the power of the finder of the nest to take both together. And when you bring this circumstance into the account you can hardly doubt that one great reason why God protected the mother bird by an express commandment was, that He might point out the excellence of parental affection, and teach us that we were not to take advantage of such an affection, in order to any injury to the parties who displayed it. You must be all quite aware that the affection which one party bears to another may be taken advantage of, and that, too, to his manifest detriment. For example, circumstances place the child of another in your power; you are about to oppress or ill-use that child; the parent entreats; you agree to release the child, but only on conditions with which the parent would never have complied had it not been for the strong pleadings of natural affection β€” what do you do in such a case but make use of a power, derived solely from the parent's love, to effect the parent's injury? you seize, so to speak, the mother bird, when it is only her being the mother bird which has given you the opportunity of seizure. But evidently the involved principle is of very wide application. A parent may take improper advantage of a child's love, a child of a parent's. A parent may work on the affections of a child, urging the child, by the love which he bears to a father or mother, to do something wrong, something against which conscience remonstrates; this is a case in which improper advantage is taken of affection, or injurious use is made of a power which, as in the case of the bird and her young, nothing but strong affection has originated. But our text has yet to be considered under another point of view. We have hitherto contended that, though it be apparently an insignificant matter with which the commandment before us is concerned, principles are involved of a high order and a wide application, so that there is no reason for surprise at finding long life promised as the reward of obedience. But we will now assume the Jews' opinion to have been correct; they were wont to say of this commandment, that it was the least amongst the commandments of Moses. Admit it to have been so; yet is there any cause for wonder that such a blessing as long life should be promised by way of recompense to obedience? God enjoins a certain thing; but we can hardly bring ourselves to obey, simply because He has enjoined it. We have our inquiries to urge β€” why has He enjoined it? if it be an indifferent thing, we want to know why He should have made it the subject of a law; why not have let it alone? Why not? Because, we may venture to reply, He wishes to test the principle of obedience; He wishes to see whether His will and His word are sufficient for us.
Benson
Deuteronomy 22
Benson Commentary Deuteronomy 22:1 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. Deuteronomy 22:1-2 . Thy brother’s β€” Any man’s, this being a duty of common justice and charity, which the law of nature taught even heathen. Hide thyself from them β€” Dissemble, or pretend that thou dost not see them, or pass them by as if thou hadst not seen them. If thy brother be not nigh unto thee β€” Which may make the duty more troublesome or chargeable. Or if thou know him not β€” Which implies that, if they did know the owner, they should restore it. Bring it unto thy own house β€” To be used like thy other cattle. Thou shalt restore it again β€” The owner, as it may be presumed, paying the charges. Deuteronomy 22:2 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. Deuteronomy 22:3 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. Deuteronomy 22:4 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. Deuteronomy 22:5 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. Deuteronomy 22:5 . Shall not wear β€” That is, ordinarily or unnecessarily, for in some cases this may be lawful, as to make an escape for one’s life. Now this is forbidden for decency’s sake, that men might not confound those sexes which God hath distinguished; that all appearance of evil might be avoided, such change of garments carrying a manifest sign of effeminacy in the man, of arrogance in the woman, of lightness and petulancy in both; and also to cut off all suspicions and occasions of evil, for which this practice would open a wide door. Deuteronomy 22:6 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: Deuteronomy 22:6-7 . Thou shalt not take the dam with the young β€” This and such like merciful precepts of the law of Moses tended to humanize the hearts of the Israelites, to produce in them a sense of the divine providence extending itself to all creatures, and to teach them to exercise dominion over them with gentleness. The command also respected posterity, restrained a selfish and covetous disposition, and taught them not to monopolize all to themselves, but leave the hopes of a future seed for others. Deuteronomy 22:7 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. Deuteronomy 22:8 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. Deuteronomy 22:8 . Thou shalt make a battlement β€” A fence or breast-work, because the roofs of their houses were made flat, that men might walk on them. Blood β€” The guilt of blood, by a man’s fall from the top of thy house, through thy neglect of this necessary provision. The Jews say, that by the equity of this law, they are obliged, and so are we, to fence or remove every thing whereby life may be endangered, as wells, or bridges, lest if any perish through the omission, their blood be required at the hands of those who have neglected to perform so plain a duty. Deuteronomy 22:9 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. Deuteronomy 22:9-10 . Divers seeds β€” Either, 1st, With divers kinds of seeds mixed and sowed together between the rows of vines in thy vineyard: which was forbidden to be done in the field, ( Leviticus 19:19 ,) and here in the vineyard. Or, 2d, With any kind of seed differing from that of the vine, which would produce either herbs, or corn, or fruit-bearing trees, whose fruit might be mingled with the fruit of the vines. Now this and the following precepts, though in themselves small and trivial, are given, according to that time and state of the church, for instructions in greater matters, and particularly to commend to them simplicity in all their carriage toward God and men, and to forbid all mixture of their inventions with God’s institutions in doctrine and worship. An ox and an ass β€” Because the one was a clean beast, the other unclean; whereby God would teach men to avoid polluting themselves by the touch of unclean persons or things. Deuteronomy 22:10 Thou shalt not plow with an ox and an ass together. Deuteronomy 22:11 Thou shalt not wear a garment of divers sorts, as of woollen and linen together. Deuteronomy 22:12 Thou shalt make thee fringes upon the four quarters of thy vesture, wherewith thou coverest thyself . Deuteronomy 22:12 . Fringes β€” Or laces, or strings, partly to bring the commands of God to their remembrance, as it is expressed Numbers 15:38 , and partly as a public profession of their nation and religion, whereby they might be distinguished from strangers, that so they might be more circumspect to behave as became the people of God, and that they should own their religion before all the world. Thou coverest thyself β€” These words seem to confine the precept to the upper garment wherewith the rest were covered. Deuteronomy 22:13 If any man take a wife, and go in unto her, and hate her, Deuteronomy 22:13 . If any man take a wife β€” And afterward falsely accuse her. What the meaning of that evidence is, by which the accusation was proved false, the learned are not agreed. Nor is it necessary for us to know: they for whom this law was intended, undoubtedly understood it. Deuteronomy 22:14 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: Deuteronomy 22:15 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: Deuteronomy 22:16 And the damsel's father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her; Deuteronomy 22:17 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. Deuteronomy 22:18 And the elders of that city shall take that man and chastise him; Deuteronomy 22:19 And they shall amerce him in an 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. Deuteronomy 22:19 . Give them unto the father of the damsel β€” Because this was a reproach to his family, and to himself, as such misconduct of his daughter would have been ascribed to his neglect of properly instructing or watching over her. He may not put her away all his days β€” Thus he was deprived of the common benefit which every Israelite had who did not like his wife, which was to sue out a divorce. Deuteronomy 22:20 But if this thing be true, and the tokens of virginity be not found for the damsel: Deuteronomy 22:21 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. Deuteronomy 22:22 If a man be found lying with a woman married to an 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. Deuteronomy 22:23 If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her; Deuteronomy 22:24 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. Deuteronomy 22:24-27 . She cried not β€” And therefore is justly presumed to have consented to it. As when a man riseth against his neighbour, even so is this matter β€” Not an act of choice, but of force and constraint. The damsel cried β€” Which is in that case to be presumed; charity obliging us to believe the best, till the contrary be manifest. Deuteronomy 22:25 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: Deuteronomy 22:26 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: Deuteronomy 22:27 For he found her in the field, and the betrothed damsel cried, and there was none to save her. Deuteronomy 22:28 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; Deuteronomy 22:29 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. Deuteronomy 22:29 . Shall give unto the damsel’s father fifty shekels β€” Besides the dowry, as Philo, the learned Jew, notes, which is here omitted, because that was customary, it being sufficient here to mention what was peculiar to this case. She shall be his wife β€” He was not at liberty to refuse her, if her father consented to his marrying her, and he was deprived of the privilege of ever divorcing her. Deuteronomy 22:30 A man shall not take his father's wife, nor discover his father's skirt. Benson Commentary on the Old and New Testaments Text Courtesy of BibleSupport.com . Used by Permission.
Expositors
Deuteronomy 22
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 22:1 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. LAWS OF PURITY (CHASTITY AND MARRIAGE) IN dealing with the ten commandments it has been already shown that, though these great statements of religious and moral truth were to some extent inadequate as expressions of the highest life, they yet contained the living germs of all that has followed. But we cannot suppose that the reality of Israelite life from the first corresponded with them. They contained much that only the experience and teaching of ages could fully bring to light; therefore we cannot expect that the actual laws in regard to the relations of the sexes and the virtue of chastity should stand upon the same high level as the Decalogue. The former represent the reality, this the ultimate ideal of Israelite law on these subjects. But neither is unimportant in forming an estimate of the value of the revelation given to Israel, and of the moral condition of early Israel itself, nor can either be justly viewed altogether alone. The actual law at any moment in the history of Israel must be regarded as inspired and up-borne by the ideal set forth in the ten commandments. But it must, at the same time, be a very incomplete realization of these, and its various stages will be best regarded as installments of advance towards that comparative perfection. In regard to the relations of the sexes and the virtue of purity this must be peculiarly the case. For though chastity has been safeguarded by almost all nations up to a certain low point, it has never been really cherished by any naturalistic system. Nor has it ever been favored by mere humanism. Consequently there is no point of morals in regard to which man has more conspicuously failed to work out the merely animal impulse from his nature than in this. And yet, for all the higher ends of life, as well as for the prosperity and vigor of mankind, purity in the sexual relations is entirely vital. One great cause of the decay of nations, nay, even of civilizations, has been the abandonment of this virtue. This was the main cause of the destruction of the Canaanites. It may even be said to have been the cause of the wreck of the whole ancient world. We should consequently measure what the Mosaic influence did for purity of life, not by comparing early Israelite laws with what has been accomplished by Christianity, but with the condition of the Semitic peoples surrounding Israel, in and after the Mosaic times. What that was we know. Their religions, far from discouraging sexual immorality, made it a part of their holiest rites. Both men and women gave themselves up to natural and unnatural lusts, in honor of their gods. To the north, and south, and east, and west of Israel these practices prevailed, and as a natural result the moral fabric of these nations’ life fell into utter ruin. In private life adultery, and the still more degrading sin of Sodom were common. The man had a right to indiscriminate divorce and remarriage, and marriage connections now reckoned incestuous, such as those between brother and sister, were entirely approved. In all these points Israel as a nation was without reproach. The higher teaching this people had received in respect to the character of God, and it may be some reminiscence of Egyptian custom, which was in some respects purer than that of the Semitic peoples, raised them to a higher level. Yet in the main the early Israelite view of women was fundamentally the uncivilized one. But at all periods of Israelite history, even the earliest, women had asserted their personality. In the eye of the law they might be the chattels of their male relatives, but as a fact they were dealt with as persons, with many personal rights. They had no independent position in the community, it is true. They could take no part in a festival so important as the Passover, nor were they free to make vows without the consent of their husbands. In other ways also social restraints were laid upon them. Nevertheless their position in early Israel was much higher than it is in the East today, and their liberty was in no wise unreasonably abridged. In David’s day women could appear in public to converse with men without scandal (Cf. 1 Samuel 25:18 ff.; 2 Samuel 14:1 ff.). They also took part in religious festivals and processions, giving, life to them by beating their timbrels, by singing, and by dancing (Cf. Exodus 15:1-27 and 1 Samuel 18:6 f.). They could be present also at all ordinary sacrifices and at sacrificial feasts; and, as we see in the case of Deborah and others, they could occupy a high, almost a supreme, position as prophetesses. In the main, too, the relations between husband and wife were loving and respectful, and in Israel’s best days, when the people still remained landed yeomanry, the wife, by her industry within the house, supplemented and completed her husband’s labor in the fields. The Israelite woman was consequently a very important person in the community whatever her status in law might be; and if she had not the full rights which are now granted to her sex in Western and Christian lands, her position was for the times a noble and independent one. That all this was so was largely due to the improvements which Mosaism wrought on the basis of that ancient Semitic custom which we sketched at the beginning of this chapter, and with which it seems natural to suppose the Israelite tribes had also begun. Bearing these preliminary considerations in mind, we now go on to consider the actual legislation in regard to the relations of the sexes. But here we must once more, recall the fact that, in regard to all matters vitally affecting the community, there had always been a custom, and even before written law appears that custom had bee