Deuteronomy 25:3
He may receive no more than forty lashes, lest your brother be beaten any more than that and be degraded in your sight.
Sermons
Corporal PunishmentR.M. Edgar Deuteronomy 25:1-3
Earthly Magistracy an Argument for the HeavenlyD. Davies Deuteronomy 25:1-3
The BastinadoJ. Orr Deuteronomy 25:1-3














Professor W. R. Smith ('Old Testament,' p. 376) 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 MAGISTRATES TO PUNISH CRIME. (Vers. 1, 2.) They bear the sword for this purpose (Romans 14:4; 1 Peter 2:14). The modern humanitarian spirit tends to exalt the reformatory and preventive ends of punishment, at the expense of the retributive. That every effort should be put forth for the reformation of the criminal which the case admits of, we cordially allow. But the danger is, in these matters, that sentiment degenerate into sentimentalism. Crime deserves punishment, and on that ground alone, were there no other, ought to receive it. No theory can be satisfactory which loses sight of retribution, and makes reformation and prevention the all in all.

II. THAT PENALTIES OUGHT TO BE SUFFICIENTLY SEVERE. (Ver. 2.) To be effective in early stages of civilization, penalties must be severe, prompt, and specific enough to be vividly conceived (cf. H. Spencer's 'Essays:' 'Prison Ethics'). The progress of society admits of the substitution of punishments appealing to a higher class of sensibilities. But even these ought adequately to express the measure of the criminal's desert. If Mr. Spencer were right, the slightest restraint compatible with the safety of the community, combined with compulsory self-support, would be punishment sufficient for the greatest crimes. The sense of justice in mankind rejects such ideas. Carlyle's teaching in 'Model Prisons' is healthier than this.

III. THAT PENALTIES OUGHT TO BE MEASURED. (Ver. 3.) It is difficult to believe that in our own country, at the beginning of this century, the theft of five shillings from the person was a crime punishable by death. Yet the statute-book bristled with enactments, of which, unhappily, this was not the worst. Such outrageous disproportion between crime and punishment must have robbed the law's sentences of most of their moral effect. Anomalies exist still, which it would be to any statesman's credit to endeavor to remove.

IV. THAT PENALTIES SHOULD NOT BE UNDULY DEGRADING, (Vet, 3.) Lest "thy brother should seem vile unto thee." The effect of excessive severity is to harden, degrade, dehumanize. It often drives the criminal to desperation. As a victim of the older criminal code expressed it, "A man's heart is taken from him, and there is given to him the heart of a beast." The tendency in modern feeling is toward the abolition of corporal punishments entirely, as degrading alike to him who administers them, and to those by whom they are endured. Observe:

1. The profound idea on which the law rested. The body, part of human nature, and sharing its dignity as made in God's image.

2. The best laws may be unjustly and cruelly administered (2 Corinthians 11:24, 25). - J.O.

Thou shalt have a perfect and just weight, measure.
I. ENDEAVOUR TO POINT OUT WHAT CHRISTIANITY REQUIRES OF A MAN IN HIS DEALINGS IN BUSINESS WITH HIS FELLOW MEN.

1. The most rigid adherence to the principles of moral integrity. Truth. Honesty.

2. The exercise of love and kindness.

3. That a man should preserve his soul in peace and patience.

4. That commerce be consecrated and elevated by the spirit of holiness.

II. Having described what a Christian should be in commerce BRIEFLY SHOW WHY HE SHOULD BE IT. All considerations by which religion and morality are commended and enforced are applicable here. The course pointed out is right in itself, what we owe to God and connected with eternal destiny. It is necessary to inherit the kingdom of heaven. It is presented to us in the example of Christ, whom all disciples should imitate. In one word, Christianity requires it; all its precepts, principles, blessings, and prospects require it.

(A. J. Morris.)

Trade is a fluctuating thing; it passed from Tyre to Alexandria, from Alexandria to Venice, from Venice to Antwerp, from Antwerp to Amsterdam and London — the English rivalling the Dutch; the French are now rivalling both. All nations, almost, are wisely applying themselves to trade, and it behoves those who are in possession of it to take the greatest care that they do not lose it. It is a plant of tender growth; it requires sun and soil and fine seasons to make it thrive and flourish. It will not grow like the palm tree, which, with the more weight and pressure, rises the more. Liberty is a friend to that, as that is a friend to liberty. But the greatest enemy to both in licentiousness, which tramples upon all law and lawful authority, encourages riots and tumults, sticks at nothing to support its extravagance, practises every art of illicit gain, ruins credit and trade, and will ruin liberty itself. Neither kingdoms, commonwealths, public companies, nor private persons, can long carry on a beneficial and flourishing trade without virtue and what virtue teaches — sobriety, industry, frugality, modesty, honesty, punctuality, humanity, charity, the love of our country, and the fear of our God.

(Bp. Newton.)

From these specific instances of justice let us extend our views to justice in general; let us consider its true nature and importance to human society; the obligations we are under to adhere to it inviolably; and the fatal consequences of every deviation. Justice is that virtue which teaches us to respect the rights of others, and to refrain from all injurious acts or purposes.

1. Some rights men are born to — such as the use of their own limbs, the free and uncontrolled exercise of their faculties of body and mind — these faculties, derived from the Author of life, sufficiently speak the intention of the Giver — that they should be freely, but at the same time innocently used — this is the equal birthright of every man.

2. Again, if every human being that God has made has a right to live, to breathe, to move, to think — he must also have a just claim to the product of his labour and his thought.

3. Another source of right springs from mutual, voluntary engagements — expressed, or implied — which ought all to be candidly interpreted, and conscientiously fulfilled.

4. Of all obligations the most binding and indispensable is to do no wrong to any; to hold the rightful claims of our fellow creatures sacred. First, all restraint upon personal liberty exercised by one man upon another — uncompelled by previous aggression — tends wantonly to defeat man's whole destination; and is therefore a daring outrage against the Author of his being. Equally, or rather more unjust and more criminal is it, to forge chains for the mind — to prohibit the use of reason — to compel men to violate their conscience. Next to the undisturbed use of our bodily and mental faculties, the fruits of their exertion, justice maintains inviolable — and consequently enjoins — the exact observance of those civil laws by which the disposal of property is regulated, "not merely for wrath, but for conscience sake." Moreover, independently of government and laws, that those contracts which are entered into for mutual aid and benefit, and without which mankind could not act collectively and in concert, are to be formed on fair and upright principles, and fulfilled with punctuality — is as evident as that man was created to be a social being, and that no one should undermine that mutual confidence and that willingness to combine and to cooperate together, on which the common good so manifestly depends. Nor do commercial or pecuniary concerns form the only province of justice. She is equally solicitous to render unto all their dues of every kind. She abstains as carefully from violating another's reputation as his property; of which, indeed, it often constitutes the most valuable part; and as scrupulously shuns taking any unfair advantage in the most secret transaction, as in the sight of all the world. Who is not sensible of the discordant and tumultuous state into which mankind would fall were justice to take her flight? Selfishness and rapine on all sides prevailing in a short time little would remain for the one to covet or the other to prey upon and monopolise. Justice is essential not only to the comfort, but to the subsistence of the species. But where neither the eye of man can penetrate, nor the hand of man can reach — there the claims of justice are felt by the truly upright; the reasonable expectations of their fellow creatures weighed in an impartial scale, and answered with the same conscientious care and unswerving rectitude, as if they were defined by the strictest statutes, and enforced by the severest penalties. Far beyond all formal compacts, all legal obligations, is the demand of reason and conscience on the just man. In comparing his own rights with those of others, his justice stretches into the domain of generosity; in comparing the claims of others between themselves his generosity never deviates from impartial justice. So imperceptible are the shades of difference that separate justice from generosity — whether we consider their motives, obligations, or effects — that, amongst the ancient philosophers justice was the common name assigned to both; and denoted the general principle of all the social virtues — and our Saviour comprehends all that is equitable and all that is kind and disinterested in one and the same precept — "Do unto others, as ye would that they should do unto you." I shall only add, that as justice is that virtue which is most essential to every social state, and that state which is reserved for the spirits of the just will be preeminently social; so the habits of justice, which have in this world been interwoven with all their sentiments and actions, must there attain their highest perfection and produce the happiest issue.

(P. Houghton.).

People
Amalek, Amalekites, Ephah, Moses
Places
Amalek, Beth-baal-peor, Egypt
Topics
Adding, Beat, Blows, Brother, Continue, Degraded, Despicable, Dishonoured, Esteemed, Exceed, Flogged, Forty, Lashes, Lest, Lightly, Seem, Shamed, Sight, Smite, Stripes, Vile
Outline
1. Punishment must not exceed forty lashes
4. The ox is not to be muzzled
5. Of raising seed unto a brother
11. Of the immodest woman
13. Of unjust weights and measures
17. The memory of Amalek is to be blotted out

Dictionary of Bible Themes
Deuteronomy 25:1-3

     5203   acquittal
     5358   judges
     6173   guilt, and God

Deuteronomy 25:2-3

     5277   criminals

Library
Therefore at that Time, when the Law Also...
27. Therefore at that time, when the Law also, following upon the days of the Patriarchs, [2010] pronounced accursed, whoso raised not up seed in Israel, even he, who could, put it not forth, but yet possessed it. But from the period that the fullness of time hath come, [2011] that it should be said, "Whoso can receive, let him receive," [2012] from that period even unto this present, and from henceforth even unto the end, whoso hath, worketh: whoso shall be unwilling to work, let him not falsely
St. Augustine—On the Good of Marriage

The Doctrine of Arbitrary Scriptural Accommodation Considered.
"But the Righteousness which is of Faith speaketh on this wise,--Say not in thine heart, Who shall ascend into Heaven?' (that is, to bring Christ down from above:) or, Who shall descend into the deep?' (that is, to bring up Christ again from the dead.) But what saith it? The word is nigh thee, even in thy mouth; and in thine heart:' that is, the word of Faith, which we preach; that if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised Him from
John William Burgon—Inspiration and Interpretation

Nor, Because I Called Ruth Blessed, Anna More Blessed...
10. Nor, because I called Ruth blessed, Anna more blessed, in that the former married twice, the latter, being soon widowed of her one husband, so lived long, do you straightway also think that you are better than Ruth. Forsooth different in the times of the Prophets was the dispensation of holy females, whom obedience, not lust, forced to marry, for the propagation of the people of God, [2242] that in them Prophets of Christ might be sent beforehand; whereas the People itself also, by those things
St. Augustine—On the Good of Widowhood.

Genealogy According to Luke.
^C Luke III. 23-38. ^c 23 And Jesus himself [Luke has been speaking about John the Baptist, he now turns to speak of Jesus himself], when he began to teach, was about thirty years of age [the age when a Levite entered upon God's service--Num. iv. 46, 47], being the son (as was supposed) of Joseph, the son [this may mean that Jesus was grandson of Heli, or that Joseph was counted as a son of Heli because he was his son-in-law] of Heli, 24 the son of Matthat, the son of Levi, the son of Melchi, the
J. W. McGarvey—The Four-Fold Gospel

Of those who are Able to Profit Others by virtuous Example in Supreme Rule, but Fly from it in Pursuit of their Own Ease.
For there are some who are eminently endowed with virtues, and for the training of others are exalted by great gifts, who are pure in zeal for chastity, strong in the might of abstinence, filled with the feasts of doctrine, humble in the long-suffering of patience, erect in the fortitude of authority, tender in the grace of loving-kindness, strict in the severity of justice. Truly such as these, if when called they refuse to undertake offices of supreme rule, for the most part deprive themselves
Leo the Great—Writings of Leo the Great

Genealogy of Jesus According to Matthew.
^A Matt. I. 1-17. ^a 1 The book of the generation [or genealogy] of Jesus Christ, the son of David [the Messiah was promised to David--II. Sam. vii. 16; John vii. 42], the son of Abraham. [Messiah was also promised to Abraham--Gen. xxii. 18; Gal. iii. 16.] 2 Abraham begat Isaac; and Isaac begat Jacob; and Jacob begat Judah and his brethren [mentioned here because they were the heads of the tribes for whom especially Matthew wrote his Gospel]; 3 and Judah begat Perez and Zerah [these two were twins]
J. W. McGarvey—The Four-Fold Gospel

The True Manner of Keeping Holy the Lord's Day.
Now the sanctifying of the Sabbath consists in two things--First, In resting from all servile and common business pertaining to our natural life; Secondly, In consecrating that rest wholly to the service of God, and the use of those holy means which belong to our spiritual life. For the First. 1. The servile and common works from which we are to cease are, generally, all civil works, from the least to the greatest (Exod. xxxi. 12, 13, 15, &c.) More particularly-- First, From all the works of our
Lewis Bayly—The Practice of Piety

The Roman Pilgrimage: the Miracles which were Wrought in It.
[Sidenote: 1139] 33. (20). It seemed to him, however, that one could not go on doing these things with sufficient security without the authority of the Apostolic See; and for that reason he determined to set out for Rome, and most of all because the metropolitan see still lacked, and from the beginning had lacked, the use of the pall, which is the fullness of honour.[507] And it seemed good in his eyes[508] that the church for which he had laboured so much[509] should acquire, by his zeal and labour,
H. J. Lawlor—St. Bernard of Clairvaux's Life of St. Malachy of Armagh

Cix. Jewish Rulers Seek to Ensnare Jesus.
(Court of the Temple. Tuesday, April 4, a.d. 30.) Subdivision B. Sadducees Ask About the Resurrection. ^A Matt. XXII. 23-33; ^B Mark XII. 18-27; ^C Luke XX. 27-39. ^a 23 On that day there came { ^b come} unto him ^c certain of the the Sadducees, they that { ^b who} say there is no resurrection [As to the Sadducees, see p. 71. We may regard their attitude toward Christ as expressed by their leader Caiaphas, see p. 528]; and they asked him, saying, 19 Teacher, Moses wrote unto us [See Deut. xxv. 5,
J. W. McGarvey—The Four-Fold Gospel

Preaching (iii. ).
Eternal Fulness, overflow to me Till I, Thy vessel, overflow for Thee; For sure the streams that make Thy garden grow Are never fed but by an overflow: Not till Thy prophets with Thyself run o'er Are Israel's watercourses full once more. Again I treat of the sermon. We have looked, my younger Brother and I, at some main secrets and prescriptions for attractive preaching. What shall I more say on the subject of the pulpit? In the first place I will offer a few miscellaneous suggestions, and then
Handley C. G. Moule—To My Younger Brethren

Second Stage of Jewish Trial. Jesus Condemned by Caiaphas and the Sanhedrin.
(Palace of Caiaphas. Friday.) ^A Matt. XXVI. 57, 59-68; ^B Mark XIV. 53, 55-65; ^C Luke XXII. 54, 63-65; ^D John XVIII. 24. ^d 24 Annas therefore sent him bound unto Caiaphas the high priest. [Foiled in his attempted examination of Jesus, Annas sends him to trial.] ^b and there come together with him all the chief priests and the elders and the scribes. ^a 57 And they that had taken Jesus led him away to the house of Caiaphas the high priest, ^c and brought him into the high priest's house. ^a where
J. W. McGarvey—The Four-Fold Gospel

Deuteronomy
Owing to the comparatively loose nature of the connection between consecutive passages in the legislative section, it is difficult to present an adequate summary of the book of Deuteronomy. In the first section, i.-iv. 40, Moses, after reviewing the recent history of the people, and showing how it reveals Jehovah's love for Israel, earnestly urges upon them the duty of keeping His laws, reminding them of His spirituality and absoluteness. Then follows the appointment, iv. 41-43--here irrelevant (cf.
John Edgar McFadyen—Introduction to the Old Testament

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