Albert Barnes' Notes on the Whole Bible - Deuteronomy 25:1-2
Render it:(1) If there be a controversy between men, and they come to judgment, and the judges judge them, and justify the righteous and condemn the wicked (compare the marginal reference. and Exodus 23:7; Proverbs 17:15);(2) then it shall be, etc.Deuteronomy 25:2Scourging is named as a penalty in Leviticus 19:20. The beating here spoken of would be on the back with a rod or stick (compare Proverbs 10:13; Proverbs 19:29; Proverbs 26:3). read more
The Pulpit Commentary - Deuteronomy 25:1-3
Corporal punishment. We have here directions given for the punishment of criminals. As the Hebrews had no gaol system, a properly graduated corporal punishment supplied most effectively its place. Moses here directs the judges to look carefully into the case, and to assign a certain number of stripes, which are never to exceed forty, the chastisement being given in the presence of the judge. Thus the largest measure of equity was introduced into their penal system. I. RETRIBUTION OF... read more