Deuteronomy 22

THou shalt not see thy brothers So called by communion not of Religion, but of nature, as having one Father, even God, Mal: 2. 10. as appears 1. Because the same Law is given about their Enemies ox, &c. Exod. 23. 4. 2. Because else the obligation of this law had been uncertain, seeing men could not ordinarily tell whether the straying Ox or Sheep belonged to a Iew or to a stranger. 3. Because this was a duty of common justice and charity, which the Law of Nature taught even Heathens, and it is absurd to think that the Law of God delivered to the Iews should have less charity in it than the law of nature given to the Gentiles. ox, or his sheep go astray, and hide thy self from them (i. e.) Dissemble or pretend that thou dost not see them, or neglect and pass them by as if thou hadst not seen them.: thou shalt in any case bring them again unto thy brother.

And if thy brother be not nigh unto thee Which may make the duty more troublesome or chargeable., or if thou know him not Which implies, that if they did know the owner, they should restore it to him., then thou shalt bring it unto thine own house To be used like thine own Cattel., and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again The owner, as it may be presumed, paying the charges..

In like manner shalt thou do with his ass, and so shalt thou do with his raiment, and with all lost things of thy brothers, which he has lost, and thou hast found, shalt thou do likewise; thou mayest not hide thy self (i. e.) Dissemble that thou hast found it. Or, hide it, i. e. conceal the thing lost..

Thou shalt not see thy brothers ass, or his ox fall down by the way, and hide thy self from them: thou shalt surely help him (i. e.) Thy Brother, the owner. Compare Exod. 23. 5. to lift them up again.

The woman shall not wear that which pertaineth unto a man, neither shall a man put on a womans garment To wit, ordinarily or unnecessarily, for in some cases this may be lawful, as to make an escape for ones life. Now this is forbidden, partly for decency sake, that men might not confound, nor seem to confound those which God has distinguished, that all appearance of evil might be avoided, such change of garments carrying a manifest umbrage or sign of softness and effeminacy in the man, of arrogance and impudency in the woman, of lightness and petulancy in both; and partly to cut off all suspicions and occasions of evil, which this practice opens a wide door unto.: for all that do so, are abomination unto the LORD thy God.

If a birds nest chance to be before thee in the way, in any tree, or on the ground, whether they be young ones, or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young.

But thou shalt in any wise let the dam go Partly for the Birds sake, which suffered enough by the loss of its young; for God would not have cruelty exercised towards the brute Creatures: and partly for mens sake to restrain their greediness and covetousness that they should not monopolize all to themselves, but might leave the hopes of a future seed for others., and take the young to thee, that it may be well with thee, and that thou mayest prolong thy days.

When thou buildest a new house, then thou shalt make a battlement (i. e.) A fence or breastwork, because the roofs of their houses were made flat or plain, that men might walk on them See Iudg. 16. 27. 1 Sam. 9. 25. 2 Sam. 11. 2. Neh. 8. 16. Mat. 10. 27. for thy roof, that thou bring not blood (i. e.) The guilt of blood, by a mans fall from the top of thy house, through thy neglect of this necessary provision. upon thine house, if any man fall from thence.

Thou shalt not sow thy vineyard with divers seeds Either 1. With divers kinds of seeds mixed and sowed together between the rows of Vines in thy Vineyard: which was forbidden to be done in the Field, Levit. 19. 19. and here, in the Vineyard. Or 2. With any kind of seed differing from that of the Vine, which would produce either Herbs, or Corn, or Fruit-bearing-Trees, whose Fruit might be mingled with the Fruit of the Vines. Now this and the two following precepts, though in themselves small and trivial, are given, according to that time and state of the Church, for documents or instructions in greater matters, and particularly to commend to them simplicity and sincerity in all their carriages towards God and Men, and to forbid all mixture of their Inventions with Gods Institutions in Doctrine or Worship.: lest the fruit of thy seed Heb. The fulness of thy seed, i. e. that seed when it is ripe and full. See Exod. 22. 29. Numb. 18. 27. which thou hast sown, and the fruit of thy vineyard be defiled Either 1 Naturally, corrupted or marred, whilest one seed draws away the fat and nourishment of the Earth from the other, and so both are starved and spoiled. Or rather 2. Legally and Morally, as being prohibited by Gods Law, and thereby made unclean; as on the contrary, things are sanctifyed by Gods word, allowing and approving them, 1 Tim. 4. 5. Heb. be sanctified, or, be as a sanctified thing, by an Ellipsis of the particle, as, i. e. unlawful for the owners use, as things sanctified were. Or, sanctifying is put for polluting, by a figure called Euphemismus, which is frequent in Scripture, as when blessing is put for... rsing, as Iob 2. 9. and in other Authors, as when they use sacred for execrable..

Thou shalt not plow with an ox and an ass together Either 1. Because the one was a clean beast, the other unclean; whereby God would teach men to avoid polluting themselves by the touch of unclean persons or things, 2 Cor. 6. 14. Or, 2. Because of their unequal strength, whereby the weaker, the ass, would be oppressed and over-wrought. Or 3. For mystical reasons, of which see on v. 8. and Levit. 19. 19..

Thou shalt not wear a garment of divers sorts, as of woolen and linnen together.

Thou shalt make thee fringes Or Laces, or Strings, partly to bring the commands of God to their remembrance, as it is expressed Numb. 15. 38. and partly as a publick profession of their Nation and Religion, whereby they might be discerned and distinguished from strangers, that so they might be more circumspect to behave themselves as became the people of God, and that they should not be ashamed to own their God and Religion before all the World. upon the four quarters of thy vesture, wherewith thou coverest thy self These words are either restrictive to the upper Garment wherewith the rest were covered; or argumentative, why they should use these things, because herewith they might possibly fasten their Garments, and prevent the uncovering themselves, as might easily happen, when they wore no breeches, but only loose Garments..

If any man take a wife, and go in unto her (i. e.) Has had carnal knowledge of her., and hate her,

And give occasions of speech Heb. of words, i. e. of discourses or diffamations. against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her, I found her not a maid;

Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsels virginity (i. e.) The linnen cloth or sheet, as is expressed v. 17. which in the first congress was infected with blood, as is natural and usual. But because this is not now constant, the enemies of Scripture take occasion to quarrel with this Law, as unreasonable and unjust, and such as might oppress the innocent, and hence take occasion to reject the Holy Scriptures. It were much more reasonable for these men either to expound this place metaphorically of producing those proofs and testimonies of her virginity which should be as satisfactory as if that cloth were produced, as some of the Iews understand it, or modestly to acknowledge their own Ignorance in this, as they are forced to do in many other things, and not impudently to conclude it is insoluble, because they cannot resolve it. But there is no need of such general answers, many things may be particularly said for the vindication of this... w. 1. That it was necessary for that people, because of their hard-heartedness towards their Wives, and their levity and desire of change of Wives. 2. That either this tryal, or at least the proof of her Virginity, was to be taken presently after the day of marriage, and that proof was to be admitted afterwards upon occasion. 3. That this Law was seldom or never put in execution, as the Iews note, and seems to be made for terrour and caution to Husbands and Wives, as many other Laws have been in like cases, 4. That that God who gave this Law, did by his Providence govern all Affairs, and rule the Tongues and Hearts of Men, and therefore would doubtless take care so to order matters that the innocent should not suffer by this means, which he could prevent many wayes. 5. That there is a great difference in times and climates. Who knows not that there are many things now by our Moderns thought uncertain or false, which by the Antient Physitians were thought and affirmed to be true and certain in their times and Countreys, and that many signs of Diseases and other things do generally hold true in those more Southernly and warmer parts of the World which are many times deceitful in our Northern and colder Climates? 6. That this very way of tryal of Virginity has been used not only by the Iews, but also by the Arabians and Egyptians, as is affirmed by divers Learned Writers, among whom yet it was more doubtful and hazardous than among the Iews, who might promise to themselves that God would guide the execution of his own Law to a just and good issue. 7. That this sign if it were uncertain in persons of riper years, yet it may be reasonably thought certain and constant in Virgins of young and tender age, and that the Jews did ordinarily marry their Daughters when they were about 12 or 13 years old, as is confessed, as making haste to roll away that reproach which they thought to be in an unmarried state., unto the elders of the city, in the gate.

And the damsels father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her:

And... o, he has given occasions of speech against her, saying I found not thy daughter a maid: and yet these are the tokens of my daughters virginity: and they shall spread the cloth before the elders of the city.

And the elders of that city shall take that man, and chastise him Either 1. By the following mu... ct. Or, 2. By severe reproofs, which that word oft signifies. Or, 3. By stripes, as is expressed, Deut. 25. 2, 3. Which is not strange, considering how pretious a thing ones good Name is, of which he endeavoured to deprive his Wife..

And they shall amerce him in an hundred shekels of silver, and give them unto the father of the damsel Because this was a reproach to his family, and to himself, because such a miscarriage of his Daughters would have been ascribed to his evil education. because he has brought up an evil name upon a virgin of Israel: and she shall be his wife, he may not put her away all his days Which seems to have been his design in this false accusation, and therefore that liberty of a divorce which is permitted to others, Deut. 24. 1. shall be denied to him..

But if this thing be true, and the tokens of virginity be not found for the damsel:

Then they shall bring out the damsel to the door of her fathers house, and the men of her city shall stone her with stones, that she die Qu. Why should she die when her crime was only Fornication, which was not punished in a woman with death, Exod. 22. 16, 17? Answ. Because there was not only Fornication in this case, as Exod. 22 but this was accompanyed with deep dissimulation and injury to her Husband in the false profession of Virginity, and it might be presumed that she committed this folly after she was betrothed to him, and therefore so obstinately denyed it, as knowing the danger of it in that case; Or God ordered it thus for the honour and custody of the matrimonial bed from all defilement, that she, who being defiled before she was married or betrothed, and therefore not punishable by death, yet if she should presume to carry her defilement into the married estate with a pretence of Virginity, she should then be put to death., because she has wrought folly in Israel, to play the whore in her fathers house: so shalt thou put evil away from among you.

If a man be found lying with a woman marryed If he be convicted of this fault, though not taken in the very act. to an husband, then they shall both of them die: both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel.

If a damsel that is a virgin be betrothed unto an husband For by this betrothing she had actually engaged her self to another man, and was in some sort his Wife, and therefore is sometimes so called, as Gen. 29. 21. Mat. 1. 20., and a man find her in the city, and lie with her:

Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones, that they die: the damsel because she cried not And therefore is justly presumed to have consented to it., being in the city: and the man because he has humbled his neighbors wife: so thou shalt put away evil from among you.

But if a man find a betrothed damsel in the field, and the man force her Which was to be examined and determined by the consideration of all the circumstances., and lie with her: then the man only that lay with her shall die.

But unto the damsel thou shalt do nothing, there is in the damsel no sin worthy of death: for as when a man riseth against his neighbour and slayeth him, even so is this matter Not an act of choice, but of force and constraint..

For he found her in the field, and the betrothed damsel cried Which is in that case to be presumed, charity obliging us to believe the best till the contrary be manifest., and there was none to save her.

If a man (i. e.) An unmarried man, as appears, 1. From his obligation to marry the person he abused, which it is not probable would have been imposed upon him. 2. Because if the man had been married, this had been adultery, and so had been punished with death. find a damsel that is a virgin, which is not betrothed, and lay hold on her Which notes some kind of force or artifice whereby she was overpowred, whereas Exod. 22. 16. she was enticed, which implies consent, and therefore the man does here receive a greater punishment, because he used hostile violence towards her, which was the greater sin., and lie with her, and they be found:

Then the man that lay with her shall give unto the damsels father fifty shekels of silver Besides the dowry, as Philo the Learned Iew notes, which is here omitted, because that was common and customary, and because it might easily be gathered out of Exod. 22. 16. it being sufficient here to mention what was peculiar to this case., and she shall be his wife To wit, if her Father consent to it, which is to be supposed out of Exod. 22. 16. it being not likely that the Father should lose his paternal right of disposing his Child when she was in some sort forced, rather than when she was inticed., because he has humbled her: he may not put her away all his days Which others were suffered to do, Deut. 24. 1. and he who inticed the maid, Exod. 22. 16. was not prohibited to do..

A man shall not take To Wife. So this respects the state, and the next branch speaks of the act only. his fathers wife His Mother in law. See Levit. 18. 8. and 20. 11. 1 Cor. 5. 1., nor discover his fathers skirt (i. e.) The skirt of the Mothers Garment, i. e. the nakedness, which is here called his fathers skirt, because his Father and Mother were one flesh, or because his Father alone had the right to uncover it. The phrase is taken from the ancient custome or ceremonie of the Bridegrooms spreading the skirt of his Garment over the bride, to signifie his right to her, and authority over her, and his obligation to the marriage duty. See Ruth. 3. 9. Ezek. 16. 8..