Deuteronomy 17:5
Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.
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EXPOSITORY (ENGLISH BIBLE)
17:1-7 No creature which had any blemish was to be offered in sacrifice to God. We are thus called to remember the perfect, pure, and spotless sacrifice of Christ, and reminded to serve God with the best of our abilities, time, and possession, or our pretended obedience will be hateful to him. So great a punishment as death, so remarkable a death as stoning, must be inflicted on the Jewish idolater. Let all who in our day set up idols in their hearts, remember how God punished this crime in Israel.Compare Deuteronomy 13:1 ff. Here special reference is made to the legal forms to be adopted, Deuteronomy 17:5-7. The sentence was to be carried into effect at "the gates" (compare Genesis 19:1 note) of the town in which the crime was committed; because, as "all the people" were to take a part, an open space would be requisite for the execution. Note the typical and prophetical aspect of the injunction; compare Acts 7:58; Hebrews 13:12. De 17:2-7. Idolaters Must Be Slain.

2-7. If there be found among you … man or woman, that hath wrought wickedness—The grand object contemplated in choosing Israel was to preserve the knowledge and worship of the one true God; and hence idolatry of any kind, whether of the heavenly bodies or in some grosser form, is called "a transgression of His covenant." No rank or sex could palliate this crime. Every reported case, even a flying rumor of the perpetration of so heinous an offense, was to be judicially examined; and if proved by the testimony of competent witnesses, the offender was to be taken without the gates and stoned to death, the witnesses casting the first stone at him. The object of this special arrangement was partly to deter the witnesses from making a rash accusation by the prominent part they had to act as executioners, and partly to give a public assurance that the crime had met its due punishment.

No text from Poole on this verse.

Thou shall bring forth that man or that woman which have committed the wicked thing,.... Idolatry in any of the above instances: this must be supposed to be done after he or she have been had before a court of judicature, and have been tried and found guilty, and sentence passed on them, then they were to be brought forth to execution:

unto thy gates; the Targum of Jonathan says, unto the gates of your sanhedrim, or court of judicature; but Jarchi observes, that this is a mistake of the paraphrase, for he says, we are taught by tradition that "thy gate" is the gate in which he has served or committed idolatry; and so says Maimonides (d), they do not stone a man but at the gate where he served or worshipped; but if the greatest part of the city are Heathens, they stone him at the door of the sanhedrim; and this is received from tradition, that "to thy gates" is the gate at which he served, and not where his judgment is finished:

even that man or that woman; this is repeated, and the woman as well as the man is expressed, to show that no compassion is to be had on her as is usual, nor to be spared on account of the weakness and tenderness of her sex, but she as well as the man must be brought forth and executed according to her sentence, without any mercy shown; and this is observed to show the resentment of the divine Majesty, and his indignation at this sin:

and shalt stone them with stones until they die; of the manner of stoning men and women; see Gill on Acts 7:58.

(d) Hilchot Sanhedrin, c. 15. sect. 2.

Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.
EXEGETICAL (ORIGINAL LANGUAGES)
5. thou shalt bring forth … unto thy gates] Cp. Deuteronomy 22:24 : the usual place for stoning was without the gate, so that the city might not be polluted (cp. Leviticus 24:14, Numbers 15:36); where also Stephen was stoned, Acts 7:58, under this law. On stoning see on Deuteronomy 13:10 (11).

even the man or the woman] Omit with LXX.

Verse 5. - Unto thy gates; judicial proceedings were conducted at the gates of the city, and in some place outside the walls the sentence was executed on the condemned criminal (Nehemiah 8:1, 3; Job 29:7; Deuteronomy 22:24; Acts 7:58; Hebrews 13:12), just as, during the journey through the wilderness, it had been outside the camp that transgressors were punished (Leviticus 24:14; Numbers 15:36). Deuteronomy 17:5If such a case should occur, as that a man or woman transgressed the covenant of the Lord and went after other gods and worshipped them; when it was made known, the facts were to be carefully inquired into; and if the charge were substantiated, the criminal was to be led out to the gate and stoned. On the testimony of two or three witnesses, not of one only, he was to be put to death (see at Numbers 35:30); and the hand of the witnesses was to be against him first to put him to death, i.e., to throw the first stones at him, and all the people were to follow. With regard to the different kinds of idolatry in Deuteronomy 17:3, see Deuteronomy 4:19. (On Deuteronomy 17:4, see Deuteronomy 13:15.) "Bring him out to thy gates," i.e., to one of the gates of the town in which the crime was committed. By the gates we are to understand the open space near the gates, where the judicial proceedings took place (cf. Nehemiah 8:1, Nehemiah 8:3; Job. Deu 29:7), the sentence itself being executed outside the town (cf. Deuteronomy 22:24; Acts 7:58; Hebrews 13:12), just as it had been outside the camp during the journey through the wilderness (Leviticus 24:14; Numbers 15:36), to indicate the exclusion of the criminal from the congregation, and from fellowship with God. The infliction of punishment in Deuteronomy 17:5. is like that prescribed in Deuteronomy 13:10-11, for those who tempted others to idolatry; with this exception, that the testimony of more than one witness was required before the sentence could be executed, and the witnesses were to be the first to lift up their hands against the criminal to stone him, that they might thereby give a practical proof of the truth of their statement, and their own firm conviction that the condemned was deserving of death, - "a rule which would naturally lead to the supposition that no man would come forward as a witness without the fullest certainty or the greatest depravity" (Schnell, das isr. Recht).

(Note: "He assigned this part to the witnesses, chiefly because there are so many whose tongue is so slippery, not to say good for nothing, that they would boldly strangle a man with their words, when they would not dare to touch him with one of their fingers. It was the best remedy, therefore, that could be tried for restraining such levity, to refuse to admit the testimony of any man who was not ready to execute judgment with his own hand" (Calvin).)

המּת (Deuteronomy 17:6), the man exposed to death, who was therefore really ipso facto already dead. "So shalt thou put the evil away," etc.: cf. Deuteronomy 13:6.

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