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23. Justice, Sabbath, Festivals

1 “Do not spread false reports. Do not help a guilty person by being a malicious witness.

    2 “Do not follow the crowd in doing wrong. When you give testimony in a lawsuit, do not pervert justice by siding with the crowd, 3 and do not show favoritism to a poor person in a lawsuit.

    4 “If you come across your enemy’s ox or donkey wandering off, be sure to return it. 5 If you see the donkey of someone who hates you fallen down under its load, do not leave it there; be sure you help them with it.

    6 “Do not deny justice to your poor people in their lawsuits. 7 Have nothing to do with a false charge and do not put an innocent or honest person to death, for I will not acquit the guilty.

    8 “Do not accept a bribe, for a bribe blinds those who see and twists the words of the innocent.

    9 “Do not oppress a foreigner; you yourselves know how it feels to be foreigners, because you were foreigners in Egypt.

Sabbath Laws

    10 “For six years you are to sow your fields and harvest the crops, 11 but during the seventh year let the land lie unplowed and unused. Then the poor among your people may get food from it, and the wild animals may eat what is left. Do the same with your vineyard and your olive grove.

    12 “Six days do your work, but on the seventh day do not work, so that your ox and your donkey may rest, and so that the slave born in your household and the foreigner living among you may be refreshed.

    13 “Be careful to do everything I have said to you. Do not invoke the names of other gods; do not let them be heard on your lips.

The Three Annual Festivals

    14 “Three times a year you are to celebrate a festival to me.

    15 “Celebrate the Festival of Unleavened Bread; for seven days eat bread made without yeast, as I commanded you. Do this at the appointed time in the month of Aviv, for in that month you came out of Egypt.

   “No one is to appear before me empty-handed.

    16 “Celebrate the Festival of Harvest with the firstfruits of the crops you sow in your field.

   “Celebrate the Festival of Ingathering at the end of the year, when you gather in your crops from the field.

    17 “Three times a year all the men are to appear before the Sovereign LORD.

    18 “Do not offer the blood of a sacrifice to me along with anything containing yeast.

   “The fat of my festival offerings must not be kept until morning.

    19 “Bring the best of the firstfruits of your soil to the house of the LORD your God.

   “Do not cook a young goat in its mother’s milk.

God’s Angel to Prepare the Way

    20 “See, I am sending an angel ahead of you to guard you along the way and to bring you to the place I have prepared. 21 Pay attention to him and listen to what he says. Do not rebel against him; he will not forgive your rebellion, since my Name is in him. 22 If you listen carefully to what he says and do all that I say, I will be an enemy to your enemies and will oppose those who oppose you. 23 My angel will go ahead of you and bring you into the land of the Amorites, Hittites, Perizzites, Canaanites, Hivites and Jebusites, and I will wipe them out. 24 Do not bow down before their gods or worship them or follow their practices. You must demolish them and break their sacred stones to pieces. 25 Worship the LORD your God, and his blessing will be on your food and water. I will take away sickness from among you, 26 and none will miscarry or be barren in your land. I will give you a full life span.

    27 “I will send my terror ahead of you and throw into confusion every nation you encounter. I will make all your enemies turn their backs and run. 28 I will send the hornet ahead of you to drive the Hivites, Canaanites and Hittites out of your way. 29 But I will not drive them out in a single year, because the land would become desolate and the wild animals too numerous for you. 30 Little by little I will drive them out before you, until you have increased enough to take possession of the land.

    31 “I will establish your borders from the Red Sea Or the Sea of Reeds to the Mediterranean Sea, Hebrew to the Sea of the Philistines and from the desert to the Euphrates River. I will give into your hands the people who live in the land, and you will drive them out before you. 32 Do not make a covenant with them or with their gods. 33 Do not let them live in your land or they will cause you to sin against me, because the worship of their gods will certainly be a snare to you.”


6. Thou shalt not wrest the judgment of thy poor. Since laws are enacted to repress the vices which are of frequent occurrence, no wonder that God should put forward the case of the poor, to whom it often happens that they fail though their causes are good, both because they are without interest and are exposed to injury through the contempt in which they are held, and also because they cannot contend with the rich in incurring expense. Justly, then, is provision made for their inferiority, lest the iniquity of judges should rob them of the little they possess. But the other point here referred to might appear superfluous, viz., that judges should not favor the poor, which very rarely takes place. It would also be incongruous that what God elsewhere prescribes and praises should here be reprehended. I reply, that rectitude is so greatly pleasing to God, that the judge would in no wise be excusable, under whatever pretext he might decline from it ever so little, and that this is the intention of this precept. For, although the poor is for the most part tyrannically oppressed, still ambition will sometimes impel a judge to misplaced compassion, so that he is liberal at another’s expense. And this temptation is all the more dangerous, because injustice is done under the cloak of virtue. For, if a judge only directs his attention to the poverty of the litigant, a foolish fear will at the same time insinuate itself lest his sentence should ruin the man whom he would wish to save; thus he will award to the one what belongs to the other. Sometimes the temerity, audacity, and obstinacy of the poor in commencing and prosecuting suits is greater than that of the rich; and when they despair of their cause, they are sure to have recourse to tears and lamentations, by which they deceive incautious judges, who, forgetful of the cause itself, only consider how their misery and want is to be relieved. Besides, too, whilst they think little of the rich man’s loss, because he can easily bear it, they make no scruple of declining from equity in favor of the poor. But hence it better appears how greatly God is offended by the oppression of the poor, when He will not have even them befriended to the injury of the rich.

7. Keep thee far from a false matter. Since he seems to speak of perjury, which brings about the death of the innocent, some might perhaps prefer that this passage should be annexed to the Sixth Commandment; but this is easily solved; for Moses is expressly condemning false-witness, and at the same time instances one case of it, whereby it may appear how detestable a crime it is, viz., the slaying of a brother by calumny, because the false witness rather kills him with his tongue than the executioner with his sword. Although, therefore, it is a gross act of inhumanity to lie in general against one’s brother, yet is its atrocity increased if he be put to death by perjury; because murder is thus combined with perfidy. A threat follows, whereby God summons false-witnesses before His tribunal, where they who have brought the good into peril by their falsehoods shall not escape with impunity.

Exodus 23:8 And thou shalt take no gift. This kind of theft is the worst of all, when judges are corrupted either by bribes, or by affection, and thus ruin the fortunes which they ought to protect: for, since their tribunal is as it were sacred asylum, to which those who are unjustly oppressed may fly, nothing can be more unseemly than that they should there fall amongst robbers. 129129     “Il n’y a rien plus enorme, que d’en faire une caverne de brigans;” there is nothing more enormous than to make a den of robbers of it. — Fr. Judges are appointed to repress all wrongs and offenses; if therefore they show favor to the wicked, they are harborers of thieves; than which there is no more deadly pest. And besides, since their authority excludes every other remedy, they are themselves like rob-hers with arms in their hands. The greater, therefore, their power of injury is, and the greater the damage committed by their unjust sentences, the more diligently are they to be warned to beware of iniquity; and thus it was necessary to keep them in the path of duty by special instructions, lest they should conceal and encourage thievery by their patronage. Now, as avarice is the root of all evils, when it thus lays hold of the minds of judges, no integrity can continue to exist. But, since all utterly condemn this vice, even though they may be entirely under its influence, God speaks of it the more plainly and popularly, enjoining that judges should withhold their hands from every gift: for there is no more fatal poison for the extinction of all uprightness, than when a judge suffers himself to be cajoled by gifts. Let those who accept gifts allege as much as they please that they still maintain their integrity, the fact itself clearly shows that they are venal, and seek their own pecuniary advantage when they are thus attracted by gain. Formerly it was enough to render judges infamous that they were called nummarii, (moneyers.) 130130     Fr. “Et de faict, ce titre la suffit entre les payens pour diffamer les juges, de les appeler argentiers;” and, in fact, this title sufficed among the heathen to bring their judges into disrepute, to call them argentiers. See Cic. Ep. in Att. 1:16, “Insectandis vero, exagitandisque nummariis judicibus.” Item, Verr. 5:57, et pro Cluent., 36. But it is superfluous to treat any further of this matter, since God cuts off all handles for subterfuge in a single sentence: “for gifts (He says) blind the eyes of him that seeth, and pervert the judgment of the righteous.” If, then, we acquiesce in His decision, there is no light of intelligence so bright but that gifts extinguish it, nor any probity so great but that they undermine it; in fact, gifts infect a sound mind before they soil the hand; I mean those which a person receives in reference to the judgment of a cause; for there is no question here as to those gifts of mutual kindness which men reciprocate with each other. Thus, in the passage from Deuteronomy 16, before God speaks of gifts, He forbids that justice should be wrested., or men’s persons respected: whence we gather, that only those snares are condemned which are set to curry favor. It must be observed on the passage from Leviticus, that to judge in righteousness is contrasted with respecting the person: and consequently, as soon as the judge turns away his eyes ever so little from the cause itself, he forgets equity. Moreover, to wrest judgment is equivalent to doing iniquity in judgment; but since injustice is not always openly manifested, but rather disguised by various artifices, after God in Leviticus has condemned corrupt and unjust judgments, He uses this word to wrest (inclinandi), in Deuteronomy, in order to dissipate all vain pretexts.


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