Deuteronomy 25
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Commentaries
Excerpts gathered from published commentaries to ground the reading.
STRIPES MUST NOT EXCEED FORTY. (Deu. 25:1-19) if the wicked man be worthy to be beaten--In judicial sentences, which awarded punishment short of capital, scourging, like the Egyptian bastinado, was the most common form in which they were executed. The Mosaic law, however, introduced two important restrictions; namely: (1) The punishment should be inflicted in presence of the judge instead of being inflicted in private by some heartless official; and (2) The maximum amount of it should be limited to forty stripes, instead of being awarded according to the arbitrary will or passion of the magistrate. The Egyptian, like Turkish and Chinese rulers, often applied the stick till they caused death or lameness for life. Of what the scourge consisted at first we are not informed; but in later times, when the Jews were exceedingly scrupulous in adhering to the letter of the law and, for fear of miscalculation, were desirous of keeping within the prescribed limit, it was formed of three cords, terminating in leathern thongs, and thirteen strokes of this counted as thirty-nine stripes (Co2 11:24).
Open source ↗If there be a controversy between men,.... Between two or more: and they come unto judgment; into a court of judicature, bring their cause thither: that the judges may judge them; who were never less than three; the great sanhedrim at Jerusalem consisted of seventy one, the lesser court was of twenty three, and the least of all three only: then they shall justify the righteous, and condemn the wicked: acquit the one, whose cause is good, and condemn the other to punishment, who is guilty of a crime, and as that deserves; which is to do righteous judgment; the contrary to this is an abomination to the Lord, Pro 17:15.
Open source ↗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…
Open source ↗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…
Open source ↗Original language
The Hebrew and Greek words behind this passage, with Strong's numbers — from openscriptures (CC BY-SA).
רִיב (rîyb, H7379) — a contest (personal or legal) אֱנוֹשׁ (ʼĕnôwsh, H582) — a man in general (singly or collectively) נָגַשׁ (nâgash, H5066) — to be or come (causatively, bring) near (for any purpose); euphemistically, to lie with a… מִשְׁפָּט (mishpâṭ, H4941) — properly, a verdict (favorable or unfavorable) pronounced judicially, especially a… שָׁפַט (shâphaṭ, H8199) — to judge, i.e. pronounce sentence (for or against); by implication, to vindicate or… צָדַק (tsâdaq, H6663) — to be (causatively, make) right (in a moral or forensic sense) צַדִּיק (tsaddîyq, H6662) — just רָשַׁע (râshaʻ, H7561) — to be (causatively, do or declare) wrong; by implication, to disturb, violate רָשָׁע (râshâʻ, H7563) — morally wrong; concretely, an (actively) bad person
Open source ↗רָשָׁע (râshâʻ, H7563) — morally wrong; concretely, an (actively) bad person בֵּן (bên, H1121) — a son (as a builder of the family name), in the widest sense (of literal and figurative… נָכָה (nâkâh, H5221) — to strike (lightly or severely, literally or figuratively) שָׁפַט (shâphaṭ, H8199) — to judge, i.e. pronounce sentence (for or against); by implication, to vindicate or… נָפַל (nâphal, H5307) — to fall, in a great variety of applications (intransitive or causative, literal or… פָּנִים (pânîym, H6440) — the face (as the part that turns); used in a great variety of applications (literally and… דַּי (day, H1767) — enough (as noun or adverb), used chiefly with preposition in phrases רִשְׁעָה (rishʻâh, H7564) — wrong (especially moral) מִסְפָּר (miçpâr, H4557) — a number, definite (arithmetical) or indefinite (large, innumerable; small, a few); also…
Open source ↗אַרְבָּעִים (ʼarbâʻîym, H705) — forty נָכָה (nâkâh, H5221) — to strike (lightly or severely, literally or figuratively) יָסַף (yâçaph, H3254) — to add or augment (often adverbial, to continue to do a thing) רַב (rab, H7227) — abundant (in quantity, size, age, number, rank, quality) מַכָּה (makkâh, H4347) — a wound; figuratively, carnage, also pestilence אָח (ʼâch, H251) — a brother (used in the widest sense of literal relationship and metaphorical affinity or… קָלָה (qâlâh, H7034) — to be light (as implied in rapid motion), but figuratively, only (be (causatively, hold)… עַיִן (ʻayin, H5869) — an eye (literally or figuratively); by analogy, a fountain (as the eye of the landscape)
Open source ↗חָסַם (châçam, H2629) — to muzzle; by analogy, to stop the nose שׁוֹר (shôwr, H7794) — a bullock (as a traveller) דִּין (dîyn, H1778) — to judge
Open source ↗אָח (ʼâch, H251) — a brother (used in the widest sense of literal relationship and metaphorical affinity or… יָשַׁב (yâshab, H3427) — properly, to sit down (specifically as judge. in ambush, in quiet); by implication, to… יַחַד (yachad, H3162) — properly, a unit, i.e. (adverb) unitedly אֶחָד (ʼechâd, H259) — properly, united, i.e. one; or (as an ordinal) first מוּת (mûwth, H4191) — to die (literally or figuratively); causatively, to kill בֵּן (bên, H1121) — a son (as a builder of the family name), in the widest sense (of literal and figurative… אִשָּׁה (ʼishshâh, H802) — a woman חוּץ (chûwts, H2351) — properly, separate by awall, i.e. outside, outdoors אִישׁ (ʼîysh, H376) — a man as an individual or a male person; often used as an adjunct to a more definite term… זוּר (zûwr, H2114) — to turn aside (especially for lodging); hence to be aforeigner, strange, profane;… יָבָם (yâbâm, H2993) — a brotherin-law בּוֹא (bôwʼ, H935) — to go or come (in a wide variety of applications) לָקַח (lâqach, H3947) — to take (in the widest variety of applications) יָבַם (yâbam, H2992) — to marry a (deceased) brother's widow
Open source ↗בְּכוֹר (bᵉkôwr, H1060) — firstborn; hence, chief יָלַד (yâlad, H3205) — to bear young; causatively, to beget; medically, to act as midwife; specifically, to show… קוּם (qûwm, H6965) — to rise (in various applications, literal, figurative, intensive and causative) שֵׁם (shêm, H8034) — an appellation, as amark or memorial of individuality; by implication honor, authority,… אָח (ʼâch, H251) — a brother (used in the widest sense of literal relationship and metaphorical affinity or… מוּת (mûwth, H4191) — to die (literally or figuratively); causatively, to kill מָחָה (mâchâh, H4229) — properly, to stroke or rub; by implication, to erase; also to smooth (as if with oil),… יִשְׂרָאֵל (Yisrâʼêl, H3478) — Jisrael, a symbolical name of Jacob; also (typically) of his posterity
Open source ↗אִישׁ (ʼîysh, H376) — a man as an individual or a male person; often used as an adjunct to a more definite term… חָפֵץ (châphêts, H2654) — properly, to incline to; by implication (literally but rarely) to bend; figuratively, to… לָקַח (lâqach, H3947) — to take (in the widest variety of applications) יְבֵמֶת (Yᵉbêmeth, H2994) — a sister-in-law עָלָה (ʻâlâh, H5927) — to ascend, intransitively (be high) or actively (mount); used in a great variety of… שַׁעַר (shaʻar, H8179) — an opening, i.e. door or gate זָקֵן (zâqên, H2205) — old אָמַר (ʼâmar, H559) — to say (used with great latitude) יָבָם (yâbâm, H2993) — a brotherin-law מָאֵן (mâʼên, H3985) — to refuse קוּם (qûwm, H6965) — to rise (in various applications, literal, figurative, intensive and causative) אָח (ʼâch, H251) — a brother (used in the widest sense of literal relationship and metaphorical affinity or… שֵׁם (shêm, H8034) — an appellation, as amark or memorial of individuality; by implication honor, authority,… יִשְׂרָאֵל (Yisrâʼêl, H3478) — Jisrael, a symbolical name of Jacob; also (typically) of his posterity
Open source ↗זָקֵן (zâqên, H2205) — old עִיר (ʻîyr, H5892) — a city (a place guarded by waking or a watch) in the widest sense (even of a mere… קָרָא (qârâʼ, H7121) — to call out to (i.e. properly, address by name, but used in a wide variety of… דָבַר (dâbar, H1696) — perhaps properly, to arrange; but used figuratively (of words), to speak; rarely (in a… עָמַד (ʻâmad, H5975) — to stand, in various relations (literal and figurative, intransitive and transitive) אָמַר (ʼâmar, H559) — to say (used with great latitude) חָפֵץ (châphêts, H2654) — properly, to incline to; by implication (literally but rarely) to bend; figuratively, to… לָקַח (lâqach, H3947) — to take (in the widest variety of applications)
Open source ↗יְבֵמֶת (Yᵉbêmeth, H2994) — a sister-in-law נָגַשׁ (nâgash, H5066) — to be or come (causatively, bring) near (for any purpose); euphemistically, to lie with a… עַיִן (ʻayin, H5869) — an eye (literally or figuratively); by analogy, a fountain (as the eye of the landscape) זָקֵן (zâqên, H2205) — old חָלַץ (châlats, H2502) — to pull off; hence (intensively) to strip, (reflex.) to depart; by implication, to… נַעַל (naʻal, H5275) — properly, a sandal tongue; by extension a sandal or slipper (sometimes as a symbol of… רֶגֶל (regel, H7272) — a foot (as used in walking); by implication, a step; by euphemistically the pudenda יָרָק (yârâq, H3417) — to spit פָּנִים (pânîym, H6440) — the face (as the part that turns); used in a great variety of applications (literally and… עָנָה (ʻânâh, H6030) — properly, to eye or (generally) to heed, i.e. pay attention; by implication, to respond;… אָמַר (ʼâmar, H559) — to say (used with great latitude) עָשָׂה (ʻâsâh, H6213) — to do or make, in the broadest sense and widest application אִישׁ (ʼîysh, H376) — a man as an individual or a male person; often used as an adjunct to a more definite term… בָּנָה (bânâh, H1129) — to build (literally and figuratively)
Open source ↗שֵׁם (shêm, H8034) — an appellation, as amark or memorial of individuality; by implication honor, authority,… קָרָא (qârâʼ, H7121) — to call out to (i.e. properly, address by name, but used in a wide variety of… יִשְׂרָאֵל (Yisrâʼêl, H3478) — Jisrael, a symbolical name of Jacob; also (typically) of his posterity בַּיִת (bayith, H1004) — a house (in the greatest variation of applications, especially family, etc.) נַעַל (naʻal, H5275) — properly, a sandal tongue; by extension a sandal or slipper (sometimes as a symbol of… חָלַץ (châlats, H2502) — to pull off; hence (intensively) to strip, (reflex.) to depart; by implication, to…
Open source ↗אֱנוֹשׁ (ʼĕnôwsh, H582) — a man in general (singly or collectively) נָצָה (nâtsâh, H5327) — properly, to go forth, i.e. (by implication) to be expelled, and (consequently) desolate;… יַחַד (yachad, H3162) — properly, a unit, i.e. (adverb) unitedly אָח (ʼâch, H251) — a brother (used in the widest sense of literal relationship and metaphorical affinity or… אִישׁ (ʼîysh, H376) — a man as an individual or a male person; often used as an adjunct to a more definite term… אִשָּׁה (ʼishshâh, H802) — a woman אֶחָד (ʼechâd, H259) — properly, united, i.e. one; or (as an ordinal) first קָרַב (qârab, H7126) — to approach (causatively, bring near) for whatever purpose נָצַל (nâtsal, H5337) — to snatch away, whether in a good or a bad sense יָד (yâd, H3027) — a hand (the open one (indicating power, means, direction, etc.), נָכָה (nâkâh, H5221) — to strike (lightly or severely, literally or figuratively) שָׁלַח (shâlach, H7971) — to send away, for, or out (in a great variety of applications) חָזַק (châzaq, H2388) — to fasten upon; hence, to seize, be strong (figuratively, courageous, causatively… מָבֻשׁ (mâbush, H4016) — (plural) the (male) pudenda
Open source ↗קָצַץ (qâtsats, H7112) — to chop off (literally or figuratively) כַּף (kaph, H3709) — the hollow hand or palm (so of the paw of an animal, of the sole, and even of the bowl of… עַיִן (ʻayin, H5869) — an eye (literally or figuratively); by analogy, a fountain (as the eye of the landscape) חוּס (chûwç, H2347) — properly, to cover, i.e. (figuratively) to compassionate
Open source ↗כִּיס (kîyç, H3599) — a cup; also a bag formoney or weights אֶבֶן (ʼeben, H68) — a stone גָּדוֹל (gâdôwl, H1419) — great (in any sense); hence, older; also insolent קָטָן (qâṭân, H6996) — abbreviated, i.e. diminutive, literally (in quantity, size or number) or figuratively (in…
Open source ↗בַּיִת (bayith, H1004) — a house (in the greatest variation of applications, especially family, etc.) אֵיפָה (ʼêyphâh, H374) — an ephah or measure for grain; hence, a measure in general גָּדוֹל (gâdôwl, H1419) — great (in any sense); hence, older; also insolent קָטָן (qâṭân, H6996) — abbreviated, i.e. diminutive, literally (in quantity, size or number) or figuratively (in…
Open source ↗Cross-references
Other passages the community most often connects to this one. Tap to read.
Acquitting the guilty and condemning the righteous— both are detestable to the LORD.
So you will again distinguish between the righteous and the wicked, between those who serve God and those who do not.”
Learn to do right; seek justice and correct the oppressor. Defend the fatherless and plead the case of the widow.”
The God of Israel spoke; the Rock of Israel said to me, ‘He who rules the people with justice, who rules in the fear of God,
Your eyes are too pure to look upon evil, and You cannot tolerate wrongdoing. So why do You tolerate the faithless? Why are You silent while the wicked swallow up those more righteous than themselves?
but with righteousness He will judge the poor, and with equity He will decide for the lowly of the earth. He will strike the earth with the rod of His mouth and slay the wicked with the breath of His lips.
who acquit the guilty for a bribe and deprive the innocent of justice.
Your rulers are rebels, friends of thieves. They all love bribes and chasing after rewards. They do not defend the fatherless, and the plea of the widow never comes before them.
The axe lies ready at the root of the trees, and every tree that does not produce good fruit will be cut down and thrown into the fire.
In any dispute, they shall officiate as judges and judge according to My ordinances. They must keep My laws and statutes regarding all My appointed feasts, and they must keep My Sabbaths holy.