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Deuteronomy Chapter
Twenty-two
New King James Version (NKJV)
INTRODUCTION TO DEUTERONOMY 22
In
this chapter are various laws
concerning care of a neighbour's cattle gone
astray or in distress
and of anything lost by him
Deuteronomy 22:1
forbidding one sex to wear the apparel
of another
Deuteronomy 22:5
and the taking away of the dam with the young found in a bird's nest
Deuteronomy 22:6
ordering battlements to be made in a new house
Deuteronomy 22:8
prohibiting mixtures in sowing
ploughing
and in garments
Deuteronomy 22:9
requiring fringes on the four quarters of a garment
Deuteronomy 22:12
fining a man that slanders his wife
upon producing the tokens of her
virginity
Deuteronomy 22:13
but if these cannot be produced
then orders are given that she be put to
death
Deuteronomy 22:20
then follow other laws
punishing with death the adulterer and adulteress
and
one that hath ravished a betrothed damsel
Deuteronomy 22:22
amercing a person that lies with a virgin not betrothed and she consenting
and
obliging him to marry her
and not suffering him to divorce her
Deuteronomy 22:28
and another against a man's lying with his father's wife
Deuteronomy 22:30.
Deuteronomy 22:1 “You shall not see your brother’s ox or his sheep going
astray
and hide yourself from them; you shall certainly bring them back to
your brother.
YLT
1`Thou dost not see the ox
of thy brother or his sheep driven away
and hast hidden thyself from them
thou dost certainly turn them back to thy brother;
Thou shall not see thy brother's ox or his sheep go astray
.... Or
"driven away"F18נדחים
"expulsos"
Montanus; "impulsos"
Munster;
"depulsos"
Piscator. ; frightened and starved away from the herd or
from the flock by a wolf or dog; and the ox and sheep are put for every other
creature a man has
as camels
asses
&c. which last sort is after
mentioned; and a brother means not one in the natural relation of kindred only
for it is supposed
in the next verse
that he might not only be at a distance
but unknown; nor by religion only
or one of the commonwealth or church of the
Jews
for what is enjoined is a piece of humanity the law of nature requires
and directs unto
and is even to be done to enemies
Exodus 23:4 and
hide thyself from them; make as if he did not see them
and so be entirely
negligent of them
and takes no care and show no concern about them
but let
them go on wandering from the herd and flock from whence they were driven
and
to which they cannot find the way of themselves:
thou shalt in any case bring them again to thy brother: to his herd
or flock
or to his house
and deliver them into his own hands
or to the care
of his servants.
Deuteronomy 22:2 2 And if your brother is not near you
or if you do not
know him
then you shall bring it to your own house
and it shall remain with
you until your brother seeks it; then you shall restore it to him.
YLT
2and if thy brother [is] not
near unto thee
and thou hast not known him
then thou hast removed it unto the
midst of thy house
and it hath been with thee till thy brother seek it
and
thou hast given it back to him;
And if thy brother be not nigh unto thee
.... Does not
live in the same neighbourhood
but at some considerable distance; so that he
cannot soon and easily be informed of his cattle
or they be sent to him:
or if thou know him not; the owner of them
what
is his name
or where he lives:
then thou shall bring it into thine house; not into his
dwelling house
but some out house
barn
or stable:
and it shall be with thee; remain in his custody
and be taken care of by him; and
as the Targum of Jonathan says
"be fed
and nourished by him"; for
according to the Jewish canonF19Misn.
Bava Metzia
c. 2. sect. 7.
whatsoever could work and eat
that should work
and eat
and whatsoever did not work and eat was to be sold; for which there
was a set time
as the commentators sayF20Maimon. & Bartenora in
ib.
for large cattle
as oxen
twelve months; for lesser cattle
as sheep
goats
&c. three months
here it is fixed:
until thy brother seek after it; though in the mean while
the finder was to make use of means
whereby the owner might be informed of it;
for whatsoever was lost
in which were marks and signs by which inquiries might
be made
were to be proclaimedF21Misn. ib. sect. 5
6
7. ; (and it
is asked) how long a man was obliged to proclaim? until it was known to his
neighbours; same say (he must proclaim it) at three feasts
and seven days
after the last feast
so that he may go home three days
and return three days
and proclaim one day; if (the owner) tells what is lost
but does not tell the
marks or signs
he may not give it him; and a deceiver
though he tells the
signs
he may not give it him
as it is said
"until thy brother seek
after it"; until thou inquirest of thy brother whether he is a deceiver or
not: and elsewhere it is saidF23T. Bab. Bava Metzia
fol. 28. 2.
formerly if a man lost anything
and gave the signs or marks of it
he took it;
but after deceivers increased
it was ordered to be said to him
bring
witnesses that thou art not a deceiver
and take it; and in the same place it
is observed
that there was at Jerusalem a stone
called Eben Toim
"the
stone of strays"
and whoever had lost or found anything repaired thither
and gave the signs and marks of it
and took it:
and thou shalt restore it to him again; he having
made it fully to appear to be his
and having defrayed all expenses in
advertising and keeping it; but if no owner appear to claim it
or not to
satisfaction
the finder was to keep it as his own; but otherwise he was by all
means to restore it
or
as in Deuteronomy 23:1
"in restoring thou shalt restore them"F24השב תשיבם "reducendo reduces
eos"
Pagninus
Montanus.
that is
certainly restore them; and
continually wherever it so happens: the Jewish canon isF25
"if
he restores it
and afterwards it strays away
and he restores it again and it
strays away
even though four or five times
he is bound to restore it; as it
is said
"in restoring thou shalt restore them"; Maimonides saysF26Hilchot
Gazelah ve abadah
c. 11. sect. 14.
that even an hundred times he is bound to
restore them.'
Deuteronomy 22:3 3 You shall do the same with his donkey
and so shall you do
with his garment; with any lost thing of your brother’s
which he has lost and
you have found
you shall do likewise; you must not hide yourself.
YLT
3and so thou dost to his
ass
and so thou dost to his garment
and so thou dost to any lost thing of thy
brother's
which is lost by him
and thou hast found it; thou art not able to
hide thyself.
In like manner shall thou do with his ass
.... As with
his ox or sheep when astray
and found
keep it until it is owned
and then
restore it; this is expressly mentioned in Exodus 23:4.
and so shalt thou do with his raiment; if that is
lost and found
it must be restored to the owner
he describing it; a garment
is particularly mentioned
it is saidF1Bartenora in Misn. Bava
Metzia
c. 2. sect. 5.
because in every garment there is a mark or sign by
which the owners can inquire about it; for it is made by the hands of men
and
does not come from anything common:
and with all lost things of thy brother's
which he hath lost
and
thou hast found
shalt thou do likewise: this comprehends
everything that is lost
that is properly so; it is askedF2Misn. ib.
sect. 9. ;"what is a lost thing? if a man finds an ox or a cow feeding in
the way
this is not a lost thing; an ass whose instruments are inverted
and a
cow running among the vineyards
this is a lost thing:"
thou mayest not hide thyself: from seeing it and
taking care of it
in order to restore it to the right owner; or dissemble a
sight of it
and pretend he never saw it
and so entirely neglect it. In some
instances the Jews allow they were not obliged to take any notice or care of
it
as
"if a man find a cow in a cow house (which is not shut)
he is not
obliged (to take care of it); if in a public place
he is obliged; if it is in
a burying ground he may not defile himself for itF3Ib. sect. 10. .'
Deuteronomy 22:4 4 “You shall not see your brother’s donkey or his ox fall
down along the road
and hide yourself from them; you shall surely help him
lift them up again.
YLT
4`Thou dost not see the ass
of thy brother
or his ox
falling in the way
and hast hid thyself from them;
thou dost certainly raise [them] up with him.
Thou shall not see thy brother's ox or his ass fall down by the
way
.... And lie under his burden
not being able to rise with it of
himself
nor with all the assistance about it
without further help:
and hide thyself from them; cover thine eyes
or
turn them another way
and make as if thou didst not see them in distress:
thou shalt surely help him to lift them up again; that is
help
the brother and owner of it
the ox and ass; assist him in getting them up
again
and lay on their burden
and fasten them aright
which either were
rolled off by the fall
or were obliged to be taken off in order to raise them
up; and if this was to be done for an enemy
then much more for a brother
as
is required; see Gill on Exodus 23:5
or
"lifting up
thou shall lift them up with him"F4הקם תקים "erigendo
eriges"
Pagninus
Montanus. ; that is
most certainly do it
and lift
with all his strength
and as often as there is occasion; if they fell down
again after raised up
help is still to be continued
even
as MaimonidesF5Hilchot
Rotzeach
c. 13. sect. 5. says
though it was an hundred times.
Deuteronomy 22:5 5 “A woman shall not wear anything that pertains to a man
nor shall a man put on a woman’s garment
for all who do so are an
abomination to the Lord your God.
YLT
5`The habiliments of a man
are not on a woman
nor doth a man put on the garment of a woman
for the
abomination of Jehovah thy God [is] any one doing these.
The woman shall not wear that which pertaineth unto a man
.... It being
very unseemly and impudent
and contrary to the modesty of her sex; or there
shall not be upon her any "instrument of a man"F6כלי גבר "instrumentum
virile"
Pagninus
Junius et Tremellius; "instrumentum viri"
Vatablus.
any utensil of his which he makes use of in his trade and business;
as if she was employed in it
when her business was not to do the work of men
but to take care of her house and family; and so this law may be opposed to the
customs of the Egyptians
as is thought
from whom the Israelites were lately
come; whose women
as HerodotusF7Euterpe
sive
l. 2. c. 35.
relates
used to trade and merchandise abroad
while the men kept at home; and
the word also signifies armourF8"Arma viri"
Munster.
as
Onkelos renders it; and so here forbids women putting on a military habit and
going with men to war
as was usual with the eastern women; and so MaimonidesF9Hilchot
Obede Cochabim
c. 12. sect. 10. illustrates it
by putting a mitre or an
helmet on her head
and clothing herself with a coat of mail; and in like
manner JosephusF11Antiqu. l. 4. c. 8. sect. 43. explains
it
"take heed
especially in war
that a woman do not make use of the
habit of a man
or a man that of a woman;'nor is he to be found fault with so
much as he is by a learned writerF12Cunaeus de Repub. Heb. l. 2. c.
22.
since he does not restrain it wholly to war
though he thinks it may have
a special regard to that; for no doubt the law respects the times of peace as
well as war
in neither of which such a practice should obtain: but the Targum
of Jonathan very wrongly limits it to the wearing fringed garments
and to
phylacteries
which belonged to men:
neither shall a man put on a woman's garment; which would
betray effeminacy and softness unbecoming men
and would lead the way to many
impurities
by giving an opportunity of mixing with women
and so to commit
fornication and adultery with them; to prevent which and to preserve chastity
this law seems to be made; and since in nature a difference of sexes is made
it is proper and necessary that this should be known by difference of dress
or
otherwise many evils might follow; and this precept is agreeably to the law and
light of nature: it is observed by an Heathen writerF13Laert. Vit.
Platonis
l. 3. p. 238.
that there is a twofold distribution of the law
the
one written
the other not written; what we use in civil things is written
what is from nature and use is unwritten
as to walk naked in the market
or to
put on a woman's garment: and change of the clothes of sexes was used among the
Heathens by way of punishment
as of the soldiers that deserted
and of
adulteressesF14; so abominable was it accounted: indeed it may be
lawful in some cases
where life is in danger
to escape that
and provided
chastity is preserved:
for all that do so are an abomination to the Lord thy God; which is a
reason sufficient why such a practice should not be used. Some from this clause
have been led to conclude
that respect is had to some customs of this kind
used in idolatrous worship
which are always abominable to the Lord. So
MaimonidesF15Moreh Nevochim
par. 3. c. 37. observes
that in a book
of the Zabians
called "Tomtom"
it is commanded
that a man should
wear a woman's garment coloured when he stood before the star of Venus
and
likewise that a woman should put on a coat of mail and warlike armour when she
stood before the star of Mars; which he takes to be one reason of this law
though besides that he gives another
because hereby concupiscence would be
excited
and an occasion for whoredom given: that there was some such customs
among the Heathens may be confirmed from MacrobiusF16Saturnal. l. 3.
c. 8.
and ServiusF17In Virgil. Aeneid. l. 2. as has been observed
by Grotius; the former of which relates
that Philochorus affirmed that Venus
is the moon
and that men sacrificed to her in women's garments
and women in
men's; and for this reason
because she was thought to be both male and female;
and the latter says
there was an image of Venus in Cyprus with a woman's body
and garment
and with the sceptre and distinction of a man
to whom the men
sacrificed in women's garments
and women in men's garments; and
as the above
learned commentator observes
there were many colonies of the Phoenicians in
Cyprus
from whom this custom might come; and to prevent it obtaining among the
Israelites in any degree
who were now coming into their country
it is thought
this law was made; for the priests of the Assyrian Venus made use of women's
apparelF18Jul. Firmic. de Relig. Prophan. p. 6.
and in the feasts
of Bacchus men disguised themselves like womenF19Lucian. .
Deuteronomy 22:6 6 “If a bird’s nest happens to be before you along the
way
in any tree or on the ground
with young ones or eggs
with the mother
sitting on the young or on the eggs
you shall not take the mother with the
young;
YLT
6`When a bird's nest cometh
before thee in the way
in any tree
or on the earth
brood or eggs
and the
mother sitting on the brood or on the eggs
thou dost not take the mother with
the young ones;
If a bird's nest chance to be before thee in any tree
or on the
ground
.... Which are the usual places in which birds build their nests;
and this
as Jarchi observes
excepts such nests that are prepared
that is
that are purposely made for fowls kept at home; and with which agrees the
Jewish canon
which saysF20Misn. Cholin
c. 12. sect. 1. "the
letting go (the dam out of) the nest is not used but of a fowl
and it is not
used but of what is not prepared; what is that which is not prepared? such as
geese and hens
whose nest is in an orchard; but if their nest is in the house
and so doves kept at home
a man is free from letting (the dam) go;'that is
he
is not obliged to let it go; and this is to be understood of clean birds only;
so the Targum of Jonathan
"the nests of clean birds;'agreeably to the same
canons and the explanation of themF21Ib. sect. 2.
"an unclean
bird is free from letting go; so an unclean bird
that sits upon the eggs of a
clean bird
also a clean bird that sits upon the eggs of an unclean bird
are
free from letting go
'or persons are not obliged to let such go:
whether they be young ones or eggs; that are in the nest;
and the Jewish canon isF23Ib. sect. 3.
"if there is but one
young one
or one egg
a man is obliged to let go the dam
as it is said a
nest: a nest is a word of a large sense:"
and the dam sitting upon the young or upon eggs
thou shalt not
take the dam with the young; according to the above canon
"if she
is flying at the time her wings reach the nest
a man is bound to let her go;
but if her wings touch not the nest
he is free from letting her go--if the
young ones are capable of flying
or the eggs rotten
he is free from letting
her go
as it is said
and the dam sitting
&c. as the young are alive
so
the eggs must be firm and sound
rotten ones are excepted; and as eggs have
need of their dam
so the young have need of their dam; those (therefore) that
can fly are excepted:'the dam is not to be taken with her young upon any
account; yea
it is saidF24Misn. Cholin
c. 12. sect. 5.
not even
to cleanse a leper; and whoever does take her is to be beaten: this law was
made partly to preserve the species of birds
and prevent the decrease of them;
for a dam let go might breed again
and to this purpose are the verses ascribed
to PhocylidesF25 μηδε τις
ορνιθας
&c. Poem. admon. l. 80
81.
which contain the
substance of this law
and this reason of it: and partly
as Maimonides
observesF26Moreh Nevochim
par. 3. c. 48.
that the dam might not
be afflicted at the sight of the spoil of her young; for this law does not
prohibit the taking of her in any other place but in her nest
nor after her
young are taken
but not together; and
as the same writer remarks
if the law
would have such care taken of beasts and birds
that they might be freed from
sorrow and distress
how much more of man? Wherefore the intention of this law
is to teach humanity
compassion
and pity in men to one another
and to forbid
cruelty
covetousness
and such like vices; as also to instruct in the doctrine
of Providence
which has a respect to birds; and our Lord may be thought to
have this law in view
Luke 12:6.
Deuteronomy 22:7 7 you shall surely let the mother go
and take the young
for yourself
that it may be well with you and that you may prolong your
days.
YLT
7thou dost certainly send
away the mother
and the young ones dost take to thyself
so that it is well
with thee
and thou hast prolonged days.
But thou shall in any wise let the dam go
and take the young to
thee
.... Or "in letting go
let go"
or "in sending
send away"F1שלח תשלח
"dimittendo dimittes"
Pagninus
Montanus
Vatablus; so Ainsworth. ;
that is
willingly
certainly
entirely
frequently
always; so the Jewish
canonsF2Misn. Cholin
c. 12. sect. 3.
"if anyone lets her go
and she returns
even four or five times
he is obliged to let her go
as it is
said
"in letting go
let go";'nay
Maimonides saysF3In
Misn. ib.
even a thousand times; the canon proceeds
"if anyone says
lo
I take the dam and let go the young
he is obliged to let her go; if he takes
the young
and returns them again to the nest
and after that returns the dam
to them
he is free from letting her go;"
that it may be well with thee
and that thou mayest prolong thy
days; the Targum of Jonathan is
"that it may be well with thee in
this world
and thou mayest prolong thy days in the world to come:'the same
blessing that is promised to observers of the fifth command
which is one of
the weightier matters of the law
is made to this; which the Jews sayF4Misn.
ib. sect. 5. is but as the value of a farthing
or of little account in
comparison of others; wherefore
as Fagius rightly observesF5In loc.
God
in bestowing such rewards
has regard not to the works of men
but to
his own grace and kindness; for what merit can there be in letting go or preserving
the life of a little bird?
Deuteronomy 22:8 8 “When you build a new house
then you shall make a
parapet for your roof
that you may not bring guilt of bloodshed on your
household if anyone falls from it.
YLT
8`When thou buildest a new
house
then thou hast made a parapet to thy roof
and thou dost not put blood
on thy house when one falleth from it.
When thou buildest a new house
.... Which is to be
understood of a house to dwell in
not of a granary
barn
or stable
or such
like
and every house that is not four cubits square
as Maimonides observesF6Hilchot
Rotzeach
c. 11. sect. 1. :
then thou shalt make a battlement for thy roof; in the TalmudF7T.
Bab. Cholin
fol. 136. 1. So Maimonides
ib. sect. 2. it is asked
what is the
meaning of
or why is it said
"thy roof?" to except synagogues and
schools; the gloss upon which is
synagogues
&c. do not belong to any
single person
and besides are no dwelling place. A battlement
as Jarrift
describes it
was a fence round the roof; or
as more fully described by KimchiF8Sepher
Shorash. rad. עקה.
it was an edifice made for a
roof round about it
ten hands high
or more
that a person might not fall from
it; so Ben Melech from him. The reason of this law was
because the roofs of
houses in those countries were flat
on which they used to walk for diversion
and recreation
or retire for devotion
meditation
prayer
and social
conversation; such they were in the times of the Canaanites
Joshua 2:6 and in
the times of Saul and David
1 Samuel 9:25 and
in the times of the New Testament; See Gill on Matthew 10:27; see
Gill on Matthew 24:17; see
Gill on Mark 2:4; see Gill
on Acts 10:9
and so
in later times
and to this day. RauwolffF9Travels
par. 1. c. 2. p.
17. Ed. Ray.
traveller in those parts
relates
that at Tripoli in
Phoenicia
"they have low houses
ill built
and flat at the top
as they
are generally in the east; for they cover their houses with a flat roof or
floor
so that you may walk about as far as the houses go
and the neighbours
walk over the tops of their houses to visit one another; and sometimes in the
summer they sleep on the top of them.'Now to prevent falling from thence
and
mischief thereby
such a battlement as before described was ordered:
that thou bring not blood upon thy house; be not the
occasion of blood being shed
or contract guilt of blood through negligence of
such a provision the law directs to
the guilt of manslaughter
or of shedding
innocent blood in thy house
as the Targums of Jonathan and Jerusalem; hence
the TalmudistsF11T. Bab. Bava Kama
fol. 15. 2. extend this to other
things
and by this law also they suppose men are bound to guard against all
dangers in any other way; as if a man had a well or pit of water in his
courtyard
he ought either to put a cover over it
or to make a fence round it
as high as this battlementF12Maimon. Hilchot Rotzeach
c. 11. sect.
4. :
if any man fall from thence; that is
if a man
walking on the roof of an house should make a slip or a false step
and stumble
and reel
and so be falling
and fall from thence; which might have been
prevented
even his falling from thence or to the ground
if such a battlement
had been made.
Deuteronomy 22:9 9 “You shall not sow your vineyard with different kinds
of seed
lest the yield of the seed which you have sown and the fruit of your
vineyard be defiled.
YLT
9`Thou dost not sow thy
vineyard [with] divers things
lest the fulness of the seed which thou dost
sow
and the increase of the vineyard
be separated.
Thou shall not sow thy vineyards with divers seeds
.... As wheat
and barley between the rows of the vines; and this is to be understood only of
divers sorts of corn
and of divers sorts of herbs
but not of trees; hence we
read of a fig tree in a vineyard
Luke 13:6
and this
only respects what is sown with design
and not what is casual
as the Jews
interpret itF5Misn. Celaim
c. 5. sect. 7. ;"if a man passes
through a vineyard
and seeds fall from him
or they are carried out along with
dung
or with water; or when a man is sowing
and a storm of wind carries it
behind him (i.e. to a vineyard behind him)
it is lawful;'that is
it may be
let grow
and the fruit of it enjoyed; the same here is said of the vineyard as
of the field in See Gill on Leviticus 19:19
lest the fruit of thy seed which thou hast sown
and the fruit of
thy vineyard; be defiled; that is
lest not only the increase of these divers seeds sown
but also the increase of the vines among which they are sown
become unlawful
and unfit for use
and so a loss of all be sustained: the Targum of Jonathan
is
"lest it be condemned to burning;'or thou art obliged to burn it; for
according to the Jewish canonsF6Misn. Temurah
c. 7. sect. 5.
the
mixtures of a vineyard
or the divers seeds of it
and the increase thereof
were to be burnt; and the commentators of the MisnahF7Maimon. &
Bartenora in Misn. Terumot
c. 10. sect. 6. Orla
c. 3. sect. 7. Kiddushin
c.
2. sect. 9. frequently explain this phrase by "lest it be burnt".
Deuteronomy 22:10 10 “You shall not plow with an ox and a donkey together.
YLT
10`Thou dost not plow with an
ox and with an ass together.
Thou shalt not plough with an ox and an ass together
.... They
might be used separately
but not together; nor was it uncommon in some
countries for asses to be employed in ploughing as well as oxen. PlinyF8Nat.
Hist. l. 17. c. 5. makes mention of some fruitful land in Africa
which when it
was dry weather could not be ploughed by oxen
but after showers of rain might
be ploughed by a mean little ass; so Leo AfricanusF9Descriptio
Africae
l. 2. p. 104. says
the Africans only use horses and asses in
ploughing. The reason why they were not to be put together was either (as some
think) lest the law should be broken which forbids the gendering of cattle with
a divers kind
Leviticus 19:19 but
Aben Ezra thinks the reason is
because the strength of an ass is not equal to
the strength of an ox; and therefore he supposes this law is made from the
mercy and commiseration of God extended to all his creatures; though perhaps
the better reason is
because the one was a clean creature
and the other an
unclean
and this instance is put for all others; and with which agree the
Jewish canons
which run thus
"cattle with cattle
wild beasts with wild
beasts
unclean with unclean
clean with clean (i.e. these may be put
together); but unclean with clean
and clean with unclean
are forbidden to
plough with
to draw with
or to be led togetherF11Misn. Celaim
c.
8. sect. 2. .'The mystery of this is
that godly and ungodly persons are not to
be yoked together in religious fellowship: see 2 Corinthians 6:14.
Deuteronomy 22:11 11 “You shall not wear a garment of different sorts
such
as wool and linen mixed together.
YLT
11`Thou dost not put on a
mixed cloth
wool and linen together.
Thou shalt not wear a garment of divers sorts
.... The Jews
say nothing is forbidden under the name of sorts but what is spun and wove
as
it is said
"thou shalt not wear sheatnez"
a thing that is carded
spun
and woveF12Misn. Celaim. c. 9. sect. 8. ; which Ainsworth
translates "linsie woolsie"
and is explained by what follows: as
"of woollen and linen together"; of which See Gill on Leviticus 19:19
whereas JosephusF13Antiqu. l. 4. c. 8. sect. 11. observes
this was
granted to the priests only to wear such garments. BochartF14Hierozoic.
par. 1. l. 2. c. 45. col. 491. affirms it to be false; but that great man is
mistaken; the blue
purple
and scarlet
in the priests' garments
were no
other than dyed wool; and it is a sentiment in general received by the Jews
that the priests wore no other but woollen and linen in their service; see the
note on the above place; otherwise this law is so strictly observed
as not
to
sew a woollen garment with linen thread
and so on the contraryF15Leo
Modena's History of Rites
&c. l. 1. c. 5. .
Deuteronomy 22:12 12 “You shall make tassels on the four corners of the
clothing with which you cover yourself.
YLT
12`Fringes thou dost make to
thee on the four skirts of thy covering with which thou dost cover [thyself].
Thou shalt make thee fringes
.... Though a different
word is here used from that in Numbers 15:38
yet
the same things are intended
and Onkelos translates both by one and the same
word
and which is no other than a corruption of the Greek word used in Matthew 23:5.
Though there have been some
whom Aben Ezra takes notice of
who supposed that
this is a law by itself
and to be observed in the night
as that in Numbers 15:38 was
in the day; but these he warmly opposes
and calls them liars:
upon the four quarters of thy vesture
wherewith thou coverest
thyself; upon the four skirts of the uppermost vesture
called Talith;
See Gill on Numbers 15:38.
Deuteronomy 22:13 13 “If any man takes a wife
and goes in to her
and
detests her
YLT
13`When a man taketh a wife
and hath gone in unto her
and hated her
If any man take a wife
and go in unto her
and hate her. That is
marries a wife
and cohabits with her as man and wife
and after some time
dislikes her
and is desirous of parting with her
and therefore takes the
following wicked method to obtain it: this is to be understood of a virgin
taken to wife
as the Targum of Jonathan explains it; and what follows confirms
it.
Deuteronomy 22:14 14 and charges her with shameful conduct
and brings a
bad name on her
and says
‘I took this woman
and when I came to her I found
she was not a virgin
’
YLT
14and laid against her
actions of words
and brought out against her an evil name
and said
This
woman I have taken
and I draw near unto her
and I have not found in her
tokens of virginity:
And give occasions of speech against her
.... Among her
neighbours
who by his behaviour towards her
and by what he says of her
will
be led in all company and conversation to traduce her character
and speak of
her as a very bad woman:
and bring up an evil name upon her; take away her good name
and give her a bad one; defame her
and make her appear scandalous and
reproachful to all that know her: though the Jews understand this not of
private slander
but of bringing an action against her in a public court of
judicature
the substance of which follows: "and say
I took this woman
and when I came to her
I found her not a maid"; the sense is
that he had
married her
and when he came to cohabit with her as man and wife
it appeared
to him that she was vitiated
and not a pure virgin. This is the charge in
court against her
the action laid by him; so Jarchi observes
a man might not
say this but before a magistrate
in a court of judicature
which is thus
represented by MaimonidesF16Hilchot Naarah Betulah
c. 3. sect. 6.
;"a man comes to the sanhedrim
and says
this young woman I married
and
I did not find her virginities; and when I inquired into the matter
it
appeared to me that she had played the whore under me
after I had betrothed
her; and these are my witnesses that she played the whore before them.'
Deuteronomy 22:15 15 then the father and mother of the young woman shall
take and bring out the evidence of the young woman’s virginity to the
elders of the city at the gate.
YLT
15`Then hath the father of
the damsel -- and her mother -- taken and brought out the tokens of virginity
of the damsel unto the elders of the city in the gate
Then shall the father and the mother of the damsel take
.... Power
from the court
according to the Targum of Jonathan; having leave and licence
granted them to do what follows
these were to
and would
concern themselves
in such an affair
partly for the credit and reputation of their child
and
partly for their own honour
who were in danger
as Jarchi observes
of coming
into contempt for their ill education of her:
and bring forth the tokens of the damsel's virginity; the sheet she
lay in when she first bedded with her husband
in her parents' possession
and
kept by them as a witness of her purity
should there ever be any occasion for
it: and which were to be brought
unto the elders of the city in the gate; which sat in
the gate of the city to try causes: the Targum of Jonathan calls it the gate of
the sanhedrim
or court of judicature; and
according to MaimonidesF17Hilchot
Naarah Betulah
c. 3. sect. 3.
this court was the court of twenty three
judges; for this was a capital crime accused of
a cause relating to life and
death
which could not be heard and tried in a lesser court.
Deuteronomy 22:16 16 And the young woman’s father shall say to the elders
‘I gave my daughter to this man as wife
and he detests her.
YLT
16and the father of the
damsel hath said unto the elders
My daughter I have given to this man for a
wife
and he doth hate her;
And the damsel's father shall say unto the elders
.... Not her
mother; hence we learn
says Jarchi
that a woman has not power (or is not
allowed) to speak before men; that is
in public see 1 Corinthians 14:34
and it was most proper for a father to appear in court for her
and defend her;
and if she had no parents living then
those that brought her up
her
guardians
that had the education of her
and placing her out in marriage
were
to undertake her cause; or
as JosephusF18Antiqu. l. 4. c. 8. sect.
23. says
those that were next akin to her; or
as
Aben Ezra
one appointed by
the court:
I gave my daughter unto this man to wife; and
by the
Jewish canonsF19Misn. Sotah
c. 3. sect. 8.
a man might give his
daughter in marriage
but a woman might not:
and he hateth her; has taken a dislike to her
and wants to be
rid of her
and therefore has brought this infamous action against her.
Deuteronomy 22:17 17 Now he has charged her with shameful conduct
saying
“I found your daughter was not a virgin
” and yet these are the
evidences of my daughter’s virginity.’ And they shall spread the cloth
before the elders of the city.
YLT
17and lo
he hath laid
actions of words
saying
I have not found to thy daughter tokens of virginity
-- and these [are] the tokens of the virginity of my daughter! and they have
spread out the garment before the elders of the city.
And
lo
he hath given occasion of speech against her
.... In the
neighbourhood where they dwell; has been the cause of persons speaking
reproachfully of her
as one of ill fame:
saying
l found not thy daughter a maid; so that it
seems he said this not only to his neighbours
and before a court of
judicature
but to the parents of the damsel:
and yet these are the tokens of my daughter's virginity; which were
brought with him
and produced in open court:
and they shall spread the cloth before the elders of the city; that they
might have ocular proof and evidence of the truth of what he said
by having
spread before them the sheet stained with the blood of her virginity upon her
husband's first congress with her. It seems that the mother
as well as the
father
were present and concerned in this action: for it is said
"they
shall spread"; and though the mother might not speak
she was the proper
person to bring this cloth and spread it; and indeed it was particularly in her
care and keeping; for we are toldF20Nachman. apud Fagium in loc.
Schindler. Lex: Pentaglott. col. 260
261.
that two persons
called שושבינים
"the friends" of the bride and
bridegroom
went first into their bedchamber
and thoroughly examined the bed
whether there was anything relating to the sign of virginity
by which one
might impose upon another; and they stood all night keeping watch with great
joy and cheerfulness
as if they had been the guards of a king and queen; (to
which is thought the allusion is in John 3:29) their
business was
when the bridegroom and bride came out
to rush in immediately
and examine all things again; and knowing and owning the former linen sheets in
which they had lain
took them and delivered them to the mother. Nor need
spreading such a cloth before the court be thought unlikely because of the
indecency of it
when it is observed that persons and things much more filthy
came under the cognizance and examination of the priests
as leprous
menstruous
and profluvious persons
and their respective disorders; nor is it
at all improbable that there should be such evident tokens as are said to be
given
when it is observed
especially of the Jewish women
at what a tender
age they were marriageable
and were frequently married
namely
when twelve
years and one day old. And the Africans
as we are toldF21Joan.
Leon. Descript. Africae
l. 3. p. 325.
have a custom with them similar to
this at a wedding;"a feast is prepared
and a certain woman waits without
until the bride is lain with; and then a linen cloth
stained with blood
is
reached out to her
which she carries in her hands
and shows to the guests
crying out with a loud voice that this was a virgin hitherto not corrupt; then
she
with other women
are splendidly received
first by the parents of the
bridegroom
and then of the bride; but if she does not appear to be a virgin
she is returned to her parents under the disgrace of all
and the marriage made
null and void.'Indeed there are some Jewish writers
that interpret this cloth
in a parabolical and allegorical sense
and understand by it witnesses that;
would make the case as clear and plain as the spreading out a cloth or garment.
They suppose that before the damsel was lain with she was examined by several matrons
who declaring her to be a virgin
gave it under their hands in writing to her
parents
which they were capable of producing in court when there was occasion
for it; so Jarchi says
this is a parable; the meaning is
they made things as
clear and as plain as a new cloth; with which agrees the TalmudF23T.
Bab. Cetubot
fol. 46. 1. he seems to have taken it from
where on these words
and they shall spread the cloth
this remark is made; but the literal sense
seems best.
Deuteronomy 22:18 18 Then the elders of that city shall take that man and
punish him;
YLT
18`And the elders of that
city have taken the man
and chastise him
And the elders of that city shall take the man
and chastise him. Not with
words
but blows. Jarchi interprets it of beating
and so does the TalmudF24T.
Bab. Cetubot
fol. 46. 1. ; and both the Targums of Onkelos and Jonathan render
it
"shall beat him;'
that
is
with the beating or scourging of forty stripes
save one.
Deuteronomy 22:19 19 and they shall fine him one hundred shekels of
silver and give them to the father of the young woman
because he has
brought a bad name on a virgin of Israel. And she shall be his wife; he cannot
divorce her all his days.
YLT
19and fined him a hundred
silverlings
and given to the father of the damsel
because he hath brought out
an evil name on a virgin of Israel
and she is to him for a wife
he is not
able to send her away all his days.
And they shall amerce him in an hundred shekels of silver
.... Which was
about twelve pounds of our money; this was double the dowry he would have been
obliged to have given her
if he had put her away; which he might have done
with less trouble
and with a greater certainty of being rid of her; but being
willing to save that expense
took this wicked method to accuse her falsely;
and therefore is fined double that sum:
and give them unto the father of the damsel; as a sort of
satisfaction or reparation for the scandal brought upon him and his family; if
the damsel was fatherless
MaimonidesF25Hilchot Naarah Betulah
c.
3. sect. 1. says
she was to have them herself:
because he hath brought up an evil name upon a virgin in Israel: defamed her
among her neighbours and acquaintance
or brought a false accusation against
her in court; alleging she was not a virgin when he married her
when she was
one
which was a very great injury to her character:
and she shall be his wife
he may not put her away all his days: and so he was
disappointed in his view of getting rid of her
and obliged to retain her as
his wife
though hated
and was not suffered to divorce her as long as he
lived; which was permitted and connived at in other men
and which he might
have done before
without bringing such a charge against her; all which must be
very mortifying to him
as to be whipped
to pay a fine
keep his wife
and not
allowed ever to divorce her.
Deuteronomy 22:20 20 “But if the thing is true
and evidences of
virginity are not found for the young woman
YLT
20`And if this thing hath
been truth -- tokens of virginity have not been found for the damsel –
But if this thing be true
.... Which the husband of
the damsel laid to her charge
that she was no virgin when married to him
and
she had committed whoredom
of which there was plain proof:
and the tokens of virginity be not found for the damsel; by her
parents
or those who had the care of her; or no sufficient reason could be
assigned for the want of them
through any family defect
or any disorder of
her own; which
as MaimonidesF26Hilchot Ishot
c. 11. sect. 12.
says
the judges were to inquire into.
Deuteronomy 22:21 21 then they shall bring out the young woman to the door
of her father’s house
and the men of her city shall stone her to death with
stones
because she has done a disgraceful thing in Israel
to play the harlot
in her father’s house. So you shall put away the evil from among you.
YLT
21then they have brought out
the damsel unto the opening of her father's house
and stoned her have the men
of her city with stones
and she hath died
for she hath done folly in Israel
to go a-whoring [in] her father's house; and thou hast put away the evil thing
out of thy midst.
Then they shall bring out the damsel to the door of her father's
house
.... For his greater disgrace
and as a sort of punishment for
his neglect of her education
not taking care to instruct her
and bring her up
in a better manner:
and the men of her city shall stone her with stones
that she die; which was the
death this sort of adulteresses were put to; others was by strangling
and the
daughter of a priest was to be burnt; see Leviticus 20:10
which shows that this sin was committed by her after her espousals
as Jarchi
and Aben Ezra note; or otherwise it would have been only simple fornication
which was not punishable with death:
because she hath wrought folly in Israel: a sin
as all
sin is folly
and especially any notorious one
as this was; and which is aggravated
by its being done in Israel
among a people professing the true religion
and
whom God had chosen and separated from all others to be a holy people to
himself:
to play the whore in her father's house; where she
continued after her espousals
until she was taken to the house of her husband
to consummate the: marriage; and between the one and the other was this sin
committed
and which is another reason for her execution at the door of her
father's house:
so shalt thou put evil away from among you; deter others
from it by such an example
and remove the guilt of it from them
which
otherwise would lie upon them
if punishment was not inflicted; the Targum of
Jonathan interprets it of the putting away of her that did the evil.
Deuteronomy 22:22 22 “If a man is found lying with a woman married to a
husband
then both of them shall die—the man that lay with the woman
and the
woman; so you shall put away the evil from Israel.
YLT
22`When a man is found lying
with a woman
married to a husband
then they have died even both of them
the
man who is lying with the woman
also the woman; and thou hast put away the
evil thing out of Israel.
If a man be found lying with a woman married to an husband
..... This law
respects adultery
and is the same with that in Leviticus 20:10.
then they shall both of them die; with the strangling of a
napkin
as the Targum of Jonathan
which is the death such persons were put to;
and is always meant when death is simply spoken of
and it is not specified
what death; See Gill on Leviticus 20:10
both the man that lay with the woman
and the woman; they were
both to die
and to die the same death:
so shalt thou put away evil from Israel; such that do
it
as the above Targum; See Gill on Deuteronomy 22:21.
Deuteronomy 22:23 23 “If a young woman who is a virgin is betrothed
to a husband
and a man finds her in the city and lies with her
YLT
23`When there is a damsel
a
virgin
betrothed to a man
and a man hath found her in a city
and lain with
her;
If a damsel that is a virgin be betrothed unto an husband
.... But not
married
not as yet brought home to her husband's house
and the marriage
consummated; for the Jews distinguish between being betrothed or espoused
and
married; and generally there was some time between the one and the other. And a
wife was obtained in this way by three things; by money
which was the most
usual; and by writing
which was to be done before witnesses
and with her
consent; and by copulation
which
though valid
was not so much approved ofF1Misn.
Kiddushin
c. 1. sect. 1. . There is a whole treatise in the Misnah
called
Kiddushin
or Espousals
which largely treats of this matter:
and a man find her in the city
and lie with her; with her consent
as might be presumed by her not crying out
when
had she
she might have been
heard
being in a city; and her being there also makes against her
since
being betrothed to a man
she ought to have abode in her father's house till
her husband fetched her home
and not to have gadded abroad in the city
where
she was exposed to temptation.
Deuteronomy 22:24 24 then you shall bring them both out to the gate of that
city
and you shall stone them to death with stones
the young woman because
she did not cry out in the city
and the man because he humbled his neighbor’s
wife; so you shall put away the evil from among you.
YLT
24then ye have brought them
both out unto the gate of that city
and stoned them with stones
and they have
died: -- the damsel
because that she hath not cried
[being] in a city; and
the man
because that he hath humbled his neighbour's wife; and thou hast put
away the evil thing out of thy midst.
Then ye shall bring them
both out unto the gate of the city
.... Where the fact was
committed; the Targum of Jonathan is
"to the gate of the court of
judicature
which is in that city:"
and ye shall stone them with stones
that they die; a man that
lay with a married woman
he and she were to be strangled; but this sort of
adulterers and adulteresses were to be stoned
and it is thought that of this
sort was the woman spoken of in John 8:3
the damsel because she cried not
being in the city
and the man
because he hath humbled his neighbour's wife; as she was by espousal
by contract
by promise
and so was guilty of adultery
which was punishable
with death:
so thou shall put away evil from among you; see Deuteronomy 22:21.
Deuteronomy 22:25 25 “But if a man finds a betrothed young woman in the
countryside
and the man forces her and lies with her
then only the man who
lay with her shall die.
YLT
25`And if in a field the man
find the damsel who is betrothed
and the man hath laid hold on her
and lain
with her
then hath the man who hath lain with her died alone;
But if a man find a
betrothed damsel in the field
.... Alone
and where she might cry out
and
none hear
nor were any to help her:
and a man force her
and lie with her; or "take
fast and strong hold on her"F2והחזיק בה "et apprehenderit (in) eam"
Pagninus
Montanus; "et apprehendens eam"
Piscator. ; so that she is not able
to get out of his hands
and make her escape
he being stronger than she
and
so commits a rape upon her:
then the man only that lay with her shall die; he being
guilty of adultery
in lying with a woman espoused to another man
but not she
because she consented not to it.
Deuteronomy 22:26 26 But you shall do nothing to the young woman; there
is in the young woman no sin deserving of death
for just as when a
man rises against his neighbor and kills him
even so is this matter.
YLT
26and to the damsel thou dost
not do anything
the damsel hath no deadly sin; for as a man riseth against his
neighbour and hath murdered him -- the life
so [is] this thing;
But unto the damsel thou
shalt do nothing
.... Neither fine her
nor beat her
and much less punish her
with death:
there is in the damsel no sin worthy of death; because what
was done to her was done without her will and consent
and was what she was
forced to submit unto; but the Targum of Jonathan adds
that the man to whom
she was betrothed might dismiss her from himself by a bill of divorce:
for as when a man riseth against his neighbour
and slayeth him
even so is this matter; as when a man comes unawares upon another
and lays hold on him
and kills him
being stronger than he
and none to help; so is the case of a
woman laid hold on by a man in a field
and ravished by him
where no help
could be had; and depriving a woman of her chastity is like taking away a man's
life; from this passage MaimonidesF3Hilchot Yesode Hattorah
c. 5.
sect. 10. concludes
that impurities
incests
and adulteries
are equal to
murder
to capital cases relating to life and death.
Deuteronomy 22:27 27 For he found her in the countryside
and the
betrothed young woman cried out
but there was no one to save her.
YLT
27for in a field he found
her
she hath cried -- the damsel who is betrothed -- and she hath no saviour.
For he found her in the
field
.... Which is a circumstance in her favour
from which it might
he presumed that she was forced
and did not consent; for had the sin been
committed by agreement
they would doubtless have betook themselves to another
place: and the betrothed damsel cried as it might be concluded from the above
circumstance she did
and as she herself declared
and which he could not
gainsay
or however disprove:
and there was none to save her; to help her against him
and deliver her out of his hands.
Deuteronomy 22:28 28 “If a man finds a young woman who is a virgin
who is not betrothed
and he seizes her and lies with her
and they are found
out
YLT
28`When a man findeth a
damsel
a virgin who is not betrothed
and hath caught her
and lain with her
and they have been found
If a man find a damsel
that is a virgin
which is not betrothed
.... That is
meets with
one in a field
which is not espoused to a man; and the man is supposed to be
an unmarried man
as appears by what follows:
and lay hold on her
and lie with her
she yielding
to it
and so is not expressive of a rape
as Deuteronomy 22:25
where a different word from this is there used; which signifies taking strong
hold of her
and ravishing her by force; yet this
though owing to his first
violent seizure of her
and so different from what was obtained by enticing
words
professions of love
and promises of marriage
and the like
as in Exodus 22:16 but
not without her consent:
and they be found; in the field together
and in the fact; or
however there are witnesses of it
or they themselves have confessed
it
and
perhaps betrayed by her pregnancy.
Deuteronomy 22:29 29 then the man who lay with her shall give to the young
woman’s father fifty shekels of silver
and she shall be his wife
because he has humbled her; he shall not be permitted to divorce her all his
days.
YLT
29then hath the man who is
lying with her given to the father of the damsel fifty silverlings
and to him
she is for a wife; because that he hath humbled her
he is not able to send her
away all his days.
Then the man that lay with
her shall give unto the damsel's father fifty shekels of silver
For the abuse
of his daughter; and besides this was obliged to give her her dowry also
as
PhiloF4De Special. Leg. p. 787. says
which is commonly said to be
fifty more:
and she shall be his wife; if her father and she
agreed to it; and in such a case the man was not at his liberty to refuse
be
she what she would
agreeable or not
handsome or ugly; he must
as the Jews
express it
drink out of his pot
or marry her
if she is lame
or blind
or
full of ulcersF5Misn. Cetubot
c. 3. sect. 5. :
because he hath humbled her he may not put her away all his days: to all the
other parts of his punishment
paying a fine of fifty shekels to the damsel's
father
a dowry of the same sum to her
obligation to marry her whether he
likes her or not
this is added
that he is not allowed to divorce her as long
as he lives; which was permitted to other men
and this was wisely ordered to
preserve chastity.
Deuteronomy 22:30 30 “A man shall not take his father’s wife
nor uncover
his father’s bed.
YLT
30`A man doth not take his
father's wife
nor uncover his father's skirt.
A man shall not take his father's wife
.... Not marry
her
whether his own mother
or a stepmother; or even
as Aben Ezra thinks
anyone that was deflowered by his father. Jarchi interprets it of his father's
brother's wife
which he was obliged to marry by virtue of the law in Deuteronomy 25:5.
nor discover his father's skirt; or lie with her his
father had thrown his skirt over
or married; and which being the first
is
mentioned here as a sample to all the rest forbidden Leviticus 18:7 or
as Bishop Patrick expresses it
is a "short memorandum"
to make them
careful to observe all the other laws respecting incestuous marriages and
copulations there delivered.
──《John Gill’s
Exposition of the Bible》