Westminster Annotations, Deuteronomy · Chapter 25 – Chapter 26
CHAP. XXV.
Vers. 2. BEaten] When the crime deserveth not death.
V. 3. fourtie stripes] Every fault, that deserved not death, was not to be punished with fourtie stripes, for correction must be done according to the proportion of the fault, vers. 2. but the punishment of any fault (which was not capitall) must not exceed the number of fourtie stripes, of which the Jews need to abate one, lest they should by miscounting go one beyond: yet sometimes it is like some of them did not out of mercy make that stint, but out of crueltie, that they might begin their accompt again the sooner; it might be so with Saint Paul, when as we read, 2 Cor. 11. 24. he five times received fourtie stripes save one, (as it is probable for preaching five times against their minds) the keeping backe of that one might bring thirtie nine more upon his back the sooner, and so for that one he might have one hundred fifty and six: so cruell are the mercies of some wicked men. Some think these stripes were given with a whip of three leather thongs, wherewith having given thirteene blowes they made accompt they had given thirtie nine stripes, which was one lesse then the just number, for three times thirteen is thirtie nine.
V. 3. vile] As if he were rather a slave then a brother, or rather a beast then a man; and by use of extreme tyranny in this kind mens hearts might be hardened in cruell contempt of those whom they should love and esteeme, hating the sinne, and not hurting the sinner, but so as may tend to his greater good. Or, he might become vile by extremitie of paine falling downe to the ground as halfe dead, or by loosing the ligaments of the retentive facultie.
V. 4. treadeth out] There were many waies to bring the graine out of the eare of Corn, as threshing Instruments, 2 Sam. 24. ver. 22. beating with a staffe, bringing the wheele over the eare, Isa. 28. vers. 27, 28. and here by treading of the oxe, (which was in use not onelyonly with the Jewes, Hose. 10. 11. but with Romanes, Greeks, and other Nations, Varro de re Rustica, l. 1. c. 12. Columella de re Rustica l. 2. c. 21.) who while he was laboured was not to have his mouth muzzled, but might feed himselfe while he prepared food for man; and had as much liberty to his meat, as his Master had authoritie over his worke. Saint Paul applies this to the maintenance of the labourers in the Gospel: See 1 Cor. 9. vers. 9.
V. 5. her husbands brother] Or next kinsman, for the Hebrew word Jabham, signifieth not onelyonly a naturall brother, but also a kinsman; so it may be that it is not meant that the naturall brother should marry his brothers wife, but some other of the kindred, who was in that degree which might marry: yet it may be a naturall brother, as Onan was to Er: See Annot. on Gen. 38. vers. 8. and if there were many brothers, this rule was, when as one died, successively to be observed by the surviving brother; but this was to have place onelyonly where the brother died altogether childlesse; for if he had no sonne, but a daughter, there was another rule to be observed for continuation of the name and family of the deceased, Num. 36. vers. 2, 3. so that besides the case of extreme necessitie when the brother died altogether childlesse, the Negative precept, Levit. 18. 16. & 20. 21. stood in force.
V. 6. in the name] That is, in the stead, for it was not necessary that the name of the first husband should be put upon the sonne of the second; for the sonne of Boaz by Ruth was not called Mahlon the name of her first husband, but Obed. See Ruth 4. vers. 10, &c.
V. 9. loose his shooe] Loosing of the shooe and giving it, Ruth 4. 7, 8. was a ceremonie of alienation of land, whereby the seller resigning up his land to the buyer made tender of his shooe: signyfying that not he but the buyer had the right to tread on that ground from that time forward. In this …ase the like ceremony was used but with another intimation, which was to keepe a memoriall of contempt to the unkind brother who was held as worthy to goe barefoot, in that he would not uphold the name of, and raise up seed unto his brother.
spit on his face] Or, on the ground before him, as in contempt and defiance of him.
that will not build up] By raising him issue to uphold his family. See Annot. on Exod. 1. vers. 21.
V. 12. cut off her hand] Because by such an act she may maime the man, and utterly disable him from being a father; and because she sheweth her selfe to be a very impudent woman, and it is an horrible thing to see a woman past shame.
V. 13. a great and a small] For deceitfull bargainings to buy by the great weight, and to sell by the small; see Pro. 20. 10.
V. 18. and smote the hindmost] This belongeth to the story of the warre of the Amalekites against the Israelites, Exod. 17. yet there this particular is not mentioned, the wisdome of the Holy Ghost holding it fittest to be mentioned in this place; the like is observed of other passages before.
V. 19. blot out the remembrance] This was partly accomplished by Saul about foure hundred and fiftie yeares afterward, 1 Sam. 15. vers. 2, 3. and further pursued by the Simeonites in Hezekiahs dayes, 1 Chron. 4. 42. and yet further when Queen Esther prevailed against Haman and his ten sonnes, Esth. 7. 10. & 9. 12, 13. who were slips of that corrupt and accursed stock of Amalek.
CHAP. XXVI.
Vers. 2. THe first of all] By this Ceremony they acknowledged that they received the Land of Canaan as a free gift of God: this oblation was yearely, and the time of the yeare when it was made was the feast of Tabernacles, Num. 18. vers. 12. See Levit. 23. 19.
to place his Name] To be called upon, served and worshipped: See Annot. on Chap. 16. 2.
V. 5. A Syrian] Meaning Jacob, who lived twenty yeares in Syria with Laban, who was the sonne of Bethuel the Syrian, Gen. 28. vers. 5.
ready to perish] By the deadly hate of his brother Esau purposing to kill him, Gen. 27. vers. 41. and his approaching towards him with foure hundreth men in an hostile manner, Gen. 33. vers. 1. and his hard service unto Laban, wherein he was consumed by drought in the day, and frost in the night, Gen. 31. vers. 40. and lastly, ready to perish by the famine in Canaan, whence he removeth into Egypt for necessary sustenance to preserve his life, Gen. 42. 1, 2, &c.
V. 7. when we cried] Alledging the promises made to our fathers, Abraham, Isaac, and Jacob.
V. 9. floweth with] See Annot. on Exod. 3. v. 8.
V. 10. thou shalt set] Thou shalt bring it neere the place where it shall be set, but the Priest shall take it out of thy hand and place it, vers. 4.
it] That is, the basket where the first-fruits are put, vers. 2.
before the Lord] That is, before the Altar of the Lord, v. 4.
V. 11. rejoyce] See Chap. 12. vers. 7.
V. 12. yeare of tithing] To wit, the third yeare. There was a three-fold tithe, one was that which out of the whole was taken for allowance of the Levites; and out of that which remained there was another tithe taken for the owners to eate with thankesgiving in the place where the Sanctuary was situate; as in the Citie of Shiloh when the Tabernacle stood there, and in Jerusalem where the Temple was built; and of the third tithe, see Annot. in Chap. 14. 28. From this addition of tithe more then was other yeares (for in them there was but a double tithe, in this a third tithe besides the other two) it was called the yeare of tithing.
the third yeare] See Deut. 14. vers. 28.
V. 13. before the Lord] That is, sincerely, as in his presence without all guile or hypocrisie.
V. 14. my mourning] That is, being ceremonially uncleane by mourning for, and buriall of the dead; for none such might eate thereof, Levit. 7. vers. 20. See Hos. 9. 4. It was to be eaten with rejoycing as in manner of feasting, Deut. 16. vers. 11. 15. See Annot. on verse the twelfth of this Chapter, and Chap. 28. vers. 47.
for any uncleane] Common or profane use, or for any uncleane person to eate thereof.
for the dead] To furnish the funerall of the dead, or the sacrifice offered to dumbe and dead Idols, Psal. 106. vers. 28.
according to all] As farre as sinfull nature would suffer; for else as David and Paul say, there is not one just, Psal. 14. vers. 3. Rom. 3. vers. 10.
V. 17. Thou hast avouched] The Covenant betwixt God and his people consists of mutuall conditions; on the peoples part the conditions are faith, whereby they embrace him, and relye upon him as their God; and obedience to his commandements as their Law-maker and Governor.
V. 18. the Lord hath avouched] On Gods part the conditions are to take them for his peculiar people; which implyeth both his protection of them, and provision for them, both for this life and the next.