Deuteronomy 25:1-2

Matthew Henry's Complete Commentary - Deuteronomy 25:1-4

Here is, I. A direction to the judges in scourging malefactors, Deut. 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... read more

John Gill

John Gills Exposition of the Bible Commentary - Deuteronomy 25:1

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,... read more

John Gill

John Gills Exposition of the Bible Commentary - Deuteronomy 25:2

And it shall be, if the wicked man be worthy to be beaten ,.... There were four kinds of death criminals were put to by the Jews, stoning, strangling, burning, and slaying with the sword; and such crimes not as severe as these were punished with beating or scourging; and who they were that were worthy to be beaten is at large set forth in the Misnic treatise called Maccoth F24 Ib. c. 3. sect. 1. 2, 3, &c.; , or "stripes", which are too many to be transcribed. Maimonides says F25 ... read more

Adam Clarke

Adam Clarke's Commentary on the Bible - Deuteronomy 25:1

They shall justify the righteous - This is a very important passage, and is a key to several others. The word צדק tsadak is used here precisely in the same sense in which St. Paul sometimes uses the corresponding word δικαιοω , not to justify or make just, but to acquit, declare innocent, to remit punishment, or give reasons why such a one should not be punished; so here the magistrates הצדיקו hitsdiku , shall acquit, the righteous - declare him innocent, because he is found to be... read more

Adam Clarke

Adam Clarke's Commentary on the Bible - Deuteronomy 25:2

The judge shall cause him to lie down, and to be beaten before his face - This precept is literally followed in China; the culprit receives in the presence of the magistrate the punishment which the law directs to be inflicted. Thus then justice is done, for the magistrate sees that the letter of the law is duly fulfilled, and that the officers do not transgress it, either by indulgence on the one hand, or severity on the other. The culprit receives nothing more nor less than what justice... read more

John Calvin

John Calvin's Commentary on the Bible - Deuteronomy 25:1

Verse 1 Inasmuch as moderation and humanity are here enjoined, it is a Supplement of the Sixth Commandment. The sum is, that, if any one is judicially condemned to be beaten with stripes, the chastisement should not be excessive. The question, however, is as to a punishment, which by lawyers is called a moderate correction, (43) and which ought to be such, as that the body torn by the whip should not be maimed or disfigured. Since, therefore, God has so far spared the guilty, as to repress even... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Deuteronomy 25:1-3

EXPOSITION LAWS RELATING TO CORPORAL PUNISHMENT , LEVIRATE MARRIAGES , AND WEIGHTS AND MEASURES . The first and second verses should be read as one sentence, of which the protasis is in Deuteronomy 25:1 and the apodosis in Deuteronomy 25:2 , thus: If there be a strife between men, and they come to judgment, and they ( i . e . the judges) give judgment on them, and justify the righteous, and condemn the wicked, then it shall be, if the wicked deserve... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Deuteronomy 25:1-3

Humanity to be respected in judicial inflictions. This passage is an interesting illustration of the restraints which the Law of Moses puts on the Hebrews, as to the semi-barbarous customs of other nations. It is well known that punishment by bastinado was common among the ancient Egyptians. It would be not unnaturally adopted by the Hebrews. There are here three matters to be noticed. 1. Here is a principle to be recognized ( Deuteronomy 25:1 ). 2. The punishment 3. The... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Deuteronomy 25:1-3

The bastinado. Professor W. R. Smith regards this law of stripes as indicating a late date for Deuteronomy. He argues from the customs of the free Bedouins. But it is perilous to reason from the customs of the Bedouins to the punishments in vogue among a people who had lived some centuries in Egypt, where, as is well-known, the bastinado was in constant use. The sculptures at Beni-Hassan represent the very scene here described. We learn— I. THAT IT IS THE FUNCTION OF CIVIL... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Deuteronomy 25:1-3

Earthly magistracy an argument for the heavenly. It is not conceivable that God should have taken such pains, through Moses, to secure pure administration of justice in earthly courts, unless he had established a like court of judicature in heaven. So far as the will of God is embodied in the judicial procedure on earth, it is copied from the pattern of heavenly things. I. A JUDICIAL COURT IS CREATED FOR THE DISCRIMINATION OF HUMAN CHARACTER . The purpose of all... read more

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