5. Mose 25:1

Corporal Punishment. - The rule respecting the corporal punishment to be inflicted upon a guilty man is introduced in Deu 25:1 with the general law, that in a dispute between two men the court was to give right to the man who was right, and to pronounce the guilty man guilty (cf. Exo 22:8 and Exo 23:7). Deu 25:2 If the guilty man was sentenced to stripes, he was to receive his punishment in the presence of the judge, and not more than forty stripes, that he might not become contemptible in the eyes of the people. הכּות בּן, son of stripes, i.e., a man liable to stripes, like son (child) of death, in Sa1 20:31. "According to the need of his crime in number," i.e., as many stripes as his crime deserved. Deu 25:3 "Forty shall ye beat him, and not add," i.e., at most forty stripes, and not more. The strokes were administered with a stick upon the back (Pro 10:13; Pro 19:29; Pro 26:3, etc.). This was the Egyptian mode of whipping, as we may see depicted upon the monuments, when the culprits lie flat upon the ground, and being held fast by the hands and feet, receive their strokes in the presence of the judge (vid., Wilkinson, ii. p. 11, and Rosellini, ii. 3, p. 274, 78). The number forty was not to be exceeded, because a larger number of strokes with a stick would not only endanger health and life, but disgrace the man: "that thy brother do not become contemptible in thine eyes." If he had deserved a severer punishment, he was to be executed. In Turkey the punishments inflicted are much more severe, viz., from fifty to a hundred lashes with a whip; and they are at the same time inhuman (see v. Tornauw, Moslem. Recht, p. 234). The number, forty, was probably chosen with reference to its symbolical significance, which it had derived from Gen 7:12 onwards, as the full measure o…

Here is, I. A direction to the judges in scourging malefactors, Deu 25:1-3. 1. It is here supposed that, if a man be charged with a crime, the accuser and the accused (Actor and Reus) should be brought face to face before the judges, that the controversy may be determined. 2. If a man were accused of a crime, and the proof fell short, so that the charge could not be made out against him by the evidence, then he was to be acquitted: "Thou shalt justify the righteous," that is, "him that appears to the court to be so." If the accusation be proved, then the conviction of the accused is a justification of the accuser, as righteous in the prosecution. 3. If the accused were found guilty, judgment must be given against him: "Thou shalt condemn the wicked;" for to justify the wicked is as much an abomination to the Lord as it is to condemn the righteous, Pro 17:15. 4. If the crime were not made capital by the law, then the criminal must be beaten. A great many precepts we have met with which have not any particular penalty annexed to them, the violation of most of which, according to the constant practice of the Jews, was punished by scourging, from which no person's rank or quality did exempt him if he were a delinquent, but with this proviso, that he should never be upbraided with it, nor should it be looked upon as leaving any mark of infamy or disgrace upon him. The directions here given for the scourging of criminals are, (1.) That it be done solemnly; not tumultuously through the streets, but in open court before the judge's face, and with so much deliberation as that the stripes might be numbered. The Jews say that while execution was in doing the chief justice of the court read with a loud voice Deu 28:58, Deu 28:59, and Deu 29:9, and concluded with those words (Psa 78…