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25. Miscellaneous Laws

1 When people have a dispute, they are to take it to court and the judges will decide the case, acquitting the innocent and condemning the guilty. 2 If the guilty person deserves to be beaten, the judge shall make them lie down and have them flogged in his presence with the number of lashes the crime deserves, 3 but the judge must not impose more than forty lashes. If the guilty party is flogged more than that, your fellow Israelite will be degraded in your eyes.

    4 Do not muzzle an ox while it is treading out the grain.

    5 If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband’s brother shall take her and marry her and fulfill the duty of a brother-in-law to her. 6 The first son she bears shall carry on the name of the dead brother so that his name will not be blotted out from Israel.

    7 However, if a man does not want to marry his brother’s wife, she shall go to the elders at the town gate and say, “My husband’s brother refuses to carry on his brother’s name in Israel. He will not fulfill the duty of a brother-in-law to me.” 8 Then the elders of his town shall summon him and talk to him. If he persists in saying, “I do not want to marry her,” 9 his brother’s widow shall go up to him in the presence of the elders, take off one of his sandals, spit in his face and say, “This is what is done to the man who will not build up his brother’s family line.” 10 That man’s line shall be known in Israel as The Family of the Unsandaled.

    11 If two men are fighting and the wife of one of them comes to rescue her husband from his assailant, and she reaches out and seizes him by his private parts, 12 you shall cut off her hand. Show her no pity.

    13 Do not have two differing weights in your bag—one heavy, one light. 14 Do not have two differing measures in your house—one large, one small. 15 You must have accurate and honest weights and measures, so that you may live long in the land the LORD your God is giving you. 16 For the LORD your God detests anyone who does these things, anyone who deals dishonestly.

    17 Remember what the Amalekites did to you along the way when you came out of Egypt. 18 When you were weary and worn out, they met you on your journey and attacked all who were lagging behind; they had no fear of God. 19 When the LORD your God gives you rest from all the enemies around you in the land he is giving you to possess as an inheritance, you shall blot out the name of Amalek from under heaven. Do not forget!


Inasmuch as moderation and humanity are here enjoined, it is a Supplement of the Sixth Commandment. The sum is, that, if any one is judicially condemned to be beaten with stripes, the chastisement should not be excessive. The question, however, is as to a punishment, which by lawyers is called a moderate correction, 4343     “Ce que les jurisconsultes appellent une reprimande moyenne.” — Fr. and which ought to be such, as that the body torn by the whip should not be maimed or disfigured. Since, therefore, God has so far spared the guilty, as to repress even just severity, much more would He have regard paid to innocent blood; and since He prohibits the judge from using too great rigor, much less will He tolerate the violence of a private individual, if he shall employ it against his brother. But it was necessary that zeal should be thus restrained, because judges, in other respects not unjust, are often as severe against lesser offenses (delicta) as against crimes. An equal measure of punishment is not indeed prescribed, as if all were to be beaten alike; it is only prohibited that the judges should order more than forty stripes in all to be inflicted for an offense. Thus the culprits were beaten deliberately, and not in such an indiscriminate manner as when it was not requisite to count the stripes; besides, they were not so injured for the future as to be deprived of the use of any of their limbs. With the same intent God would have the judges themselves to be present, that by their authority they may prevent any excess: and the reason is added, lest “thy brother should seem vile unto thee,” because he had been beaten immoderately. This may be explained in two ways, either, lest his body should be disfigured by the blows, and so he should be rendered unsightly; or, lest, being stained for ever with ignominy and disgrace, he should be discouraged in mind; for we know how grievous and bitter it is to be mocked and insulted. A third sense, 4444     This exposition is attributed to Vatablus in Poole’s Synopsis. which some prefer, is too far-fetched, viz., lest he should die like some vile and contemptible beast; for God only provides that the wretched man should be improved by his chastisement, and not that he should grow callous from his infamy. As the Jews were always ostentatious of their zeal in trifling matters, they invented a childish precaution, in order that they might more strictly observe this law; for they were scrupulous in not proceeding to the fortieth stripe, but, by deducting one, they sought after an empty reputation for clemency, as if they were wiser than God Himself, and superior to Him in kindness. Into such folly do men fall, when they dare out of their own heads to invent anything in opposition to God’s word! This superstition already prevailed in Paul’s time, as we gather from his words, where he reports that “five times he received forty stripes save one.” (2 Corinthians 11:24.)


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