Stripes must not exceed forty. The ox is not to be muzzled. Of raising seed to the brother. Of the immodest woman. Of unjust weight. Of destroying the Amalecites.
Punishment afflicted according to the fault, but so that he which is beaten haue not aboue fourtie stripes. 4. The oxes mouth not be mooseled that treadeth corne. 5. A maried man dying without issue, his brother must marie the widow. 11. The wife that taketh her husbands aduersarie by priuities must lose her hand. 13. no false weightes, nor measures to be kept. 17. Amelicites must be vtterly destroyed.
1If there be a controversy between men, and they call upon the judges: they shall give the prize of justice to him whom they perceive to be just: and him whom they find to be wicked, they shall condemn of wickedness.Se nasce lite tra due uomini, e si fa ricorso ai giudici, questi daranno laude di giustizia al giusto, e l'empio condanneranno di empietà.IF there be a controuersie betwen some, and they cal vpon the iudges: whom they shal perceiue to be iust, to him they shal geue the price of iustice: whom impious, him they shal condemne of impietie.Si fuerit causa inter aliquos, et interpellaverint judices: quem justum esse perspexerint, illi justitiæ palmam dabunt: quem impium, condemnabunt impietatis. 2And if they see that the offender be worthy of stripes: they shall lay him down, and shall cause him to be beaten before them. According to the measure of the sin shall the measure also of the stripes be:E se vedranno, che colui, che ha peccato, sia degno di essere battuto, lo faran distendere per terra, e lo faran battere in loro presenza. La quantità delle battiture sarà secondo la misura del peccato.And if they see that the offender be worthie of stripes: they shal cast him downe, & shal cause him to be beaten before them. According to the measure of the sinne shal the measure also of the stripes be:Sin autem eum, qui peccavit, dignum viderint plagis: prosternent, et coram se facient verberari. Pro mensura peccati erit et plagarum modus: 3Yet so, that they exceed not the number of forty: lest thy brother depart shamefully torn before thy eyes.Con questo però, che non oltrepassino il numero di quaranta: affinché non abbia a ritirarsi il tuo fratello lacerato sconciamente sotto i tuoi occhi.yet so, that they exceede not the number of fourtie: lest thy brother depart fowly torne before thyne eies.ita dumtaxat, ut quadragenarium numerum non excedant: ne fœde laceratus ante oculos tuos abeat frater tuus. 4Thou shalt not muzzle the ox that treadeth out thy corn on the floor.Non metterai la musoliera al bue, che tribbia le tue biade nell'aia.Thou shalt not moosel the mouth of the oxe that treadeth out thy corne in the flore.Non ligabis os bovis terentis in area fruges tuas. 5When brethren dwell together, and one of them dieth without children, the wife of the deceased shall not marry to another: but his brother shall take her, and raise up seed for his brother:Quando due fratelli staranno insieme, e uno di essi sarà morto senza figliuoli, la moglie del defunto non si mariterà a un estraneo: ma la prenderà l'altro fratello, il quale darà discendenza al fratello morto:When brethren shal dwel together, & one of them die without children, the wife of the deceased shal not marie to an oother: but his brother shal take her, and rayse vp the seede of his brother:Quando habitaverint fratres simul, et unus ex eis absque liberis mortuus fuerit, uxor defuncti non nubet alteri: sed accipiet eam frater ejus, et suscitabit semen fratris sui:
6And the first son he shall have of her he shall call by his name, that his name be not abolished out of Israel.E al primo figliuolo che avrà da lei, darà il nome di quello, affinché il nome di lui non si estingua in Israele.and the first borne sonne of her he shal cal by his name, that his name be not abolished out of Israel.et primogenitum ex ea filium nomine illius appellabit, ut non deleatur nomen ejus ex Israël. 7But if he will not take his brother’s wife, who by law belongeth to him, the woman shall go to the gate of the city, and call upon the ancients, and say: My husband’s brother refuseth to raise up his brother’s name in Israel: and will not take me to wife.Ma se quegli non vorrà sposar la moglie del fratello, che debb'essere sua in vigor della legge, andrà la donna alla porta della città, e interpellerà i seniori, e dirà: Non vuole il fratello del mio marito far rivivere il nome del suo fratello in Israele, né prendermi in moglie.But if he wil not take his brothers wife, that by law is dew to him, the woman shal goe to the gate of the citie, and cal vpon the ancientes, and say: My husbandes brother wil not rayse vp his brothers seede in Israel: nor take me to his wise.Sin autem noluerit accipere uxorem fratris sui, quæ ei lege debetur, perget mulier ad portam civitatis, et interpellabit majores natu, dicetque: Non vult frater viri mei suscitare nomen fratris sui in Israël, nec me in conjugem sumere. 8And they shall cause him to be sent for forthwith, and shall ask him. If he answer: I will not take her to wife:E tosto lo faranno citare, e lo interrogheranno. Se risponderà: Non voglio sposarla:And sorthwith they shal cause him to be sent for, and shal aske him. If he answer: I wil not take her to wife:Statimque accersiri eum facient, et interrogabunt. Si responderit: Nolo eam uxorem accipere: 9The woman shall come to him before the ancients, and shall take off his shoe from his foot, and spit in his face, and say: So shall it be done to the man that will not build up his brother’s house:Si appresserà a lui la donna alla presenza de' seniori, e gli leverà dal piede la scarpa, e gli sputerà in faccia e dirà: Così sia fatto a colui che non vuole mantener la casa di suo fratello.the woman shal come to him before the ancientes, and shal take of his shoe from his foote, and spitte in his face, and say: So shal it be done to the man, that buildeth not his brothers house.accedet mulier ad eum coram senioribus, et tollet calceamentum de pede ejus, spuetque in faciem illius, et dicet: Sic fiet homini, qui non ædificat domum fratris sui.
10And his name shall be called in Israel, the house of the unshod.E la casa di lui sarà chiamata in Israele la Casa dello scalzato.And his name shal be called in Israel The house of the vnshodde.Et vocabitur nomen illius in Israël, Domus discalceati. 11If two men have words together, and one begin to fight against the other, and the other’s wife willing to deliver her husband out of the hand of the stronger, shall put forth her hand, and take him by the secrets,Se due uomini verranno a contesa tra di loro, e l'uno principierà ad attaccare l'altro, e volendo la moglie di questo salvare il marito dalle mani di quello, che è più forte, stenderà la mano per prenderlo in parte, che non si nomina;If two men fal at wordes betwixt them selues, and one beginne to brawle against the other, and the wife of the one willing to deliuer her husband out of the hand of the stronget, put forth her hand, and take his priuities:Si habuerint inter se jurgium viri duo, et unus contra alterum rixari cœperit, volensque uxor alterius eruere virum suum de manu fortioris, miseritque manum, et apprehenderit verenda ejus: 12Thou shalt cut off her hand, neither shalt thou be moved with any pity in her regard.Tu le farai tagliar la mano, e non avrai niente di compassione per lei.thou shalt cutte of her hand, neither shalt thou be moued with any pitie vpon her.abscides manum illius, nec flecteris super eam ulla misericordia. 13Thou shalt not have divers weights in thy bag, a greater and a less:Non porterai nella sacchetta stadere diverse, una più forte, l'altra meno:Thou shalt not haue diuerse weightes in thy bagge, a greater and a lesse:Non habebis in sacculo diversa pondera, majus et minus: 14Neither shall there be in thy house a greater bushel and a less.Non avrai in casa tua il moggio più grande, e il più piccolo:neither shal there be in thy house a greater bushel and a lesse.nec erit in domo tua modius major, et minor. 15Thou shalt have a just and a true weight, and thy bushel shall be equal and true: that thou mayest live a long time upon the land which the Lord thy God shall give thee.Terrai stadera giusta, e vera, e moggio giusto e vero: affinché tu viva lungo tempo sopra la terra, che sarà a te data dal Signore Dio tuo:Thou shalt haue a weight iust and true, and thy bushel shal be equal and true: that thou mayest liue a long time vpon the Land, which our Lord thy God shal geue thee.Pondus habebis justum et verum, et modius æqualis et verus erit tibi: ut multo vivas tempore super terram, quam Dominus Deus tuus dederit tibi.
16For the Lord thy God abhorreth him that doth these things, and he hateth all injustice.Perocché il Signore Dio tuo ha in abbominazione chi pecca in questo, e odia ogni ingiustizia.For thy Lord abhorreth him, that doth these thinges, and detesteth al iniustice.Abominatur enim Dominus tuus eum qui facit hæc, et aversatur omnem injustitiam. 17Remember what Amalec did to thee in the way when thou camest out of Egypt:Ricordati di quello che fece a te Amalec, quando tu eri in viaggio uscendo dall'Egitto:Remember what Amalec did to thee in the way when thou camest out of Aegypt:Memento quæ fecerit tibi Amalec in via quando egrediebaris ex Ægypto: 18How he met thee: and slew the hindmost of the army, who sat down, being weary, when thou wast spent with hunger and labour, and he feared not God.Com'egli si mosse inverso di te, e mise a fil di spada gli ultimi del tuo esercito, che si erano per la stanchezza arrestati, quando tu eri rifinito dalle fatiche, e dalla fame, ed egli non ebbe timore di Dio.how he mette thee: & stroke the hindemost of thy armie, which being wearie rested them selues, when thou wast spent with famine and labour, and he feared not God.quomodo occurrerit tibi, et extremos agminis tui, qui lassi residebant, ceciderit, quando tu eras fame et labore confectus: et non timuerit Deum. 19Therefore when the Lord thy God shall give thee rest, and shall have subdued all the nations round about in the land which he hath promised thee: thou shalt blot out his name from under heaven. See thou forget it not.Quando adunque il Signore Dio tuo ti avrà dato requie, e avrà rendute soggette tutte all'intorno le genti del paese ch'ei ti ha promesso, tu farai sì, ch'egli più non si nomini sotto del cielo. Bada di non dimenticartene.Therfore when our Lord thy God shal geue thee rest, and subdewe al nations round about in the Land, which he hath promised thee: thou shalt destroy his name vnder heauen. Beware thou forget it not.Cum ergo Dominus Deus tuus dederit tibi requiem, et subjecerit cunctas per circuitum nationes in terra, quam tibi pollicitus est: delebis nomen ejus sub cælo. Cave ne obliviscaris.
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Year of the World 2553.
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Down, tying him to a low pillar; (Menochius) (Grotius) though many assert, that the criminal was forced to lie prostrate on the ground, as the Jews still do, in Germany, when they undergo this punishment. (Buxtorf, Syn. 20.) The Jews do not commonly give above 39 strokes, and double the number is inflicted on the back, from what fall upon the breast.
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Calmet
Eyes. Hebrew, "depart covered with confusion (or more vile) before thy eyes." Hence the Jews do not consider this chastisement as ignominious. (Calmet)
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Challoner
Not muzzle, etc. St. Paul understands this of the spiritual labourer in the church of God, who is not to be denied his maintenance, 1 Corinthians 9:8, 9, 10. (Challoner)
Suidas
Other labourers, and even beasts, must likewise be treated with humanity. It was formerly the custom in Egypt, Judea, Spain, etc., to have a clean spot in the field, round a tree, where during the heat of the day, they spread the sheaves, and made oxen continually go round, to tread out the corn. Some had the ill nature to muzzle them, or to cover their mouths with dung; (Aeliian 4:25,) whence arose the proverb, "an ox in a heap" of corn, to denote a miser, who amidst plenty will not eat. (Suidas.)
Calmet
Moses condemns this cruelty; as it is not just, says Josephus, to refuse these animals so small a recompence for the assistance which they afford us in procuring corn. (Calmet)
Menochius
Besides this literal sense, God had principally in view the mystical one, which St. Paul unfolds to us. (Menochius)
Laert. in Solone
Paine hence takes occasion to ridicule priests, who, he says, "preach up Deuteronomy, for Deuteronomy preaches up tithes." But this book enjoins them no more that other books of Scripture, and common reason dictates that the labourer is worthy of his hire. If the artizan, etc., will not work for nothing, why should priests spend their lives and fortunes, for the benefit of the people, without deriving any advantage from them? Who has served in the wars at his own charge at any time? (1 Corinthians 9:7.) Whether the mode of paying tithes be the most eligible, for the support of God's ministers, is a question of smaller importance. It may at least plead a very high antiquity, (Haydock) as it was in force 400 years before the law of Moses. Abraham paid tithes to Melchisedeck, who was both king and priest; and Pisistratus received tithes from the people of Athens, to be expended in the public sacrifices, and for the general good. (Laert. in Solone.; Watson, let. 2.)
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Calmet
Together, as the sons of Juda did: (Genesis 38:8,) though custom (Calmet) and analogy extend this to other brothers, at least to those who live in the promised land, and have the inheritance in common, as appears from the history of Ruth, Ruth 1:13, etc. Noemi supposes that all the sons whom she might have had, would have been under the same obligation towards her daughter-in-law. The Rabbins restrain this law as much as they can, asserting that if the deceased left an adopted or natural child, the brother need not marry his widow, nor was any obliged but the next in age, and not married. St. Justin (q. 132,) teaches the reverse. (Calmet)
Haydock
Half-brothers were included, (Menochius) and indeed every relation, in order, who, upon the refusal of the next heir, wished to take possession of the deceased person's land, Ruth 4:(Haydock)
The Jews no longer observe this law, as they have not possession of Chanaan. (Cuneus 1:7.)
Calmet
Fagius asserts that it was neglected after the captivity of Babylon, because the inheritances were confounded. (Calmet)
Haydock
This, however, does not seem to have been the opinion of those who have undertaken to reconcile the genealogy of our Saviour, given by Sts. Matthew and Luke, by supposing that St. Joseph was the son of Jacob by birth, and of Heli according to the law. (St. Hilary) Africanus says, (Ep. to Aristides) that "Heli dying without issue, Jacob was obliged to marry his widow, by whom he had Joseph, a descendant of Solomon by Jacob, and of Nathan by Heli," as their common mother, Esta, had married successively Mathan and Melchi, (or rather Mathat) who sprung from those two branches of David's family. (Dupin) (Haydock)
Calmet
The Athenians followed a similar regulation with respect to orphan young women, whom the next of kin were bound to marry and to endow. The Tartars assert their right to marry the widows of their brethren. The Egyptians did not consider the marriage as real, nor any relationship contracted, in case the woman had no issue, on which principle there was no impediment to prevent the brother from marrying the widow of his brother. On other occasions such contracts were declared illegal, Leviticus 18:16. (Calmet)
This was a positive law, (Worthington; Genesis xxxviii.) which admitted of an exception.
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Calmet
Name. Josephus ([Antiquities?] 4:8,) takes this literally, as St. Augustine once did, though afterwards he retracted that opinion, (B. 2:12,) on considering that Booz called his son Obed, and not Mahalon, which was the name of the first husband of Ruth, Ruth 4:17. (Calmet)
Haydock
Houbigant thinks some omissions have taken place in the very short genealogy of David, mentioned in that chapter, and instead of Obed, he would substitute Jachin, as the first-born of Ruth. He thinks that Solomon alluded to two of his ancestors, when he styled the two pillars before the temple Jachin and Booz. "In strength it shall stand or establish," 3 Kings 7:21. Hebrew, "the first-born which she beareth shall arise (or succeed) in the name (or by the right and title) of his brother." See Numbers 24:3. (Haydock)
Menochius
Name is sometimes put for succession, (Calmet) or instead of another. (Menochius)
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Calmet
In his face, or presence, upon the ground, as appears from the Gemarra of Jerusalem, where we read this form: (Haydock) "In our presence, (the three judges are specified) N, widow of N, hath taken off the shoe of N, son of N. She brought him before us, and took off the shoe from his right foot, and spat in our presence, so that we saw her spittle upon the ground; and she said to him, So shall he be treated who will not establish the house of his brother." Before this ceremony took place, the widow was obliged to wait three months, to prove that she was not in a state of pregnancy; for if she were, the brother could not marry her. He was never obliged to do it, but if he refused he was deemed infamous. The taking off the shoe was intended to humble him, as well as to shew that he relinquished all his claim to the inheritance. Josephus ([Antiquities?] 5:11,) says, that Ruth gave the relation who would not marry her, a slap on the face, or rather as it ought to be printed "she spat in his face," which was a mark of the greatest ignominy, Deuteronomy 12:14., Isaias 50:6., and Matthew 26:67. (Calmet)
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Worthington
Unshod. Those who have no consideration for their brethren, or for the commonwealth, deserve to be despised. Much more do they who are appointed pastors of the Church, if they do not zealously endeavour to increase the number of God's servants, whom they must attach to him, and not to themselves. Thus the disciples of St. Paul were known by the general name of Christians. (St. Augustine, contra Faustus 32:10.) (Worthington)
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Calmet
In her regard: words supplied also by the Septuagint conformably to the context. (Calmet)
Calmet
The indecency and impudence of the woman, left her no excuse; (Haydock) though the Rabbins falsely maintain, that she might transgress this law in case of necessity, and might cut off the hand of her husband's antagonist. (Grotius) (Calmet)
Menochius
She would thus put the man in danger of having no posterity. (Menochius)
If even the imminent danger of her husband would not authorize her to act in this manner, when the person was stripped to fight, how severely will God punish all wanton liberties!
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Haydock
Injustice. Proverbs 20:10. To have a greater weight for buying, and a less one for selling, is the way to grow rich here, or to obtain the mammon of iniquity; though, when such mean practices are detected, the man who cheats often loses more than he had gained; and at any rate, must either make restitution, if possible, or receive the wages of his unjust labour and craft in the world to come. (Haydock)
25:17
Amalec. This order for destroying the Amalecites, in the mystical sense, sheweth how hateful they are to God, and what punishment they are to look for from his justice, who attack and discourage his servants when they are but just come out, as it were, of the Egypt of this wicked world, and being yet weak and faint-hearted, are but beginning their journey to the land of promise.
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God. This circumstance is not mentioned, Exodus 17:14.
25:19
Haydock
Heaven. Destroy him entirely, a sentence which Saul was ordered to put in execution, 1 Kings xv. (Haydock)
25:4
Not muzzle, etc.... St. Paul understands this of the spiritual labourer in the church of God, who is not to be denied his maintenance. 1 Cor. 9.8, 9, 10.
25:17
Amalec.... This order for destroying the Amalecites, in the mystical sense, sheweth how hateful they are to God, and what punishments they are to look for from his justice, who attack and discourage his servants when they are but just come out, as it were, of the Egypt of this wicked world and being yet weak and fainthearted, are but beginning their journey to the land of promise.
25:4
S. Paul expoundeth this of the spiritual laborer in Gods Church that he must haue his main tenāce for his trauel. 1. Cor. 9. & 1. Tim. 5 It was also ment of oxen, so it hath two literalsēses. Theod. q 31. in Deut.
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5. His brother shal take her.] This proueth euidently that the prohibition, not to marie the brothers wife (Leuit. 18.) was a positiue law, binding only when the first brother dying left issue. For dying without issue, his brother Mariage with the brothers wife, he dying without issue. was bound by this law to marie the widow. In default of the brother, the next of kinne was to marie her: and for default of neerer, the more remote. so Booz maried Ruth. Neither was it contrarie, but agreable to the law of nature, to Rut⸢h⸣. 3. &. 4. marie the brothers wife when he was dead without issue, as is before noted. Gen. 38.
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He that disdaineth to honour his brother is iustly despised.
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A lasie familie & vnprofitable to the cōmōwealth. Mystically, Pastors and Doctors must beget spiritual children to Christ, not to themselues; & so they are called Christians, not Paulians, whom S. Paul conuerted. And he that is elected by the church to spiritual functiō, & neglecteth his dutie, is worthie of reproch and in famie. S. Aug. li. 32. c. 10. cont. Faust. Manich.
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Amalec first impugned Israel after they had passed the redsea. Exo. 17.
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Tertullian † AD 220 The Five Books Against Marcion 4.21
… Who would have given such a commandment as this, but He who feeds the ravens and clothes the flowers of the field? Who anciently enjoined for the treading ox an unmuzzled mouth, that he might be at liberty to gather his fodder from his labour, on the principle that the worker is worthy of his hire?
Tertullian † AD 220 The Five Books Against Marcion 4.24
… There is no award which consists not in a process of judgment. The law of the Creator on this point also presents us with a corroboration, for He judges that labouring oxen are as labourers worthy of their hire: “Thou shalt not muzzle,” says He, “the ox when he treadeth out the corn.”
Tertullian † AD 220 The Five Books Against Marcion 5.16
… (in other words,) both the truth and (its accompanying) salvation. The charge, that “if any would not work, neither should he eat,” is in strict accordance with the precept of Him who ordered that “the mouth of the ox that treadeth out the corn should not be muzzled.”
St John Chrysostom † AD 407 The Homilies of St. John Chrysostom 30
… when he had first established his reasoning by illustrations from common things, and had said, “Who feedeth a flock, and eateth not of the milk thereof?” then he brings in the Scriptures also, saying, “It is written in the law of Moses, Thou shalt not muzzle the ox that treadeth out the corn;”
St John Chrysostom † AD 407 Homilies on 2 Thessalonians 5
… But alms are given to those only who are not able to support themselves by the work of their own hands, or who teach, and are wholly occupied in the business of teaching. “For thou shalt not muzzle the ox,” he says, “when he treadeth out the corn.” (
St John Chrysostom † AD 407 Homilies on 1 Timothy 15
The “honor” of which he here speaks is attention to them, and the supply of their necessities, as is shown by his adding, “Thou shalt not muzzle the ox that treadeth out the corn” (
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Tertullian † AD 220 The Five Books Against Marcion 4.34
… For John reproved Herod, because he had illegally married the wife of his deceased brother, who had a daughter by her (a union which the law permitted only on the one occasion of the brother dying childless, when it even prescribed such a marriage, in order that by his own brother, and from his own wife, seed might be reckoned to the deceased husband),
Tertullian † AD 220 On Monogamy 7
… in order, to be sure, that our righteousness may be able to redound above the righteousness of the scribes and of the Pharisees. If “righteousness” must, of course chastity must too. If, then, forasmuch as there is in the law a precept that a man is to take in marriage the wife of his brother if he have died without children,
Eusebius of Caesarea † AD 339 The Church History of Eusebius 1.7.2
2. “For whereas the names of the generations were reckoned in Israel either according to nature or according to law;—according to nature by the succession of legitimate offspring, and according to law whenever another raised up a child to the name of a brother dying childless;
St Ambrose of Milan † AD 397 Exposition of the Christian Faith 3.10
… but yet had possessed a husband of the Jewish people, who had left a kinsman of near relation, being seen and loved of Boaz whilst gleaning and maintaining herself and her mother-in-law with that she gleaned, was yet not taken of Boaz to wife, until she had first loosed the shoe from [the foot of] him whose wife she ought, by the Law, to have become.
St John Chrysostom † AD 407 The Homilies of St. John Chrysostom 48
But as I think many are ignorant of the grievance itself, whence the murder had its origin, I must declare this too, that ye may learn the wisdom of the lawgiver. What then was the ancient law, which Herod indeed trampled on, but John vindicated? The wife of him that died childless was to be given to his brother.
St Augustine of Hippo † AD 430 On the Good of Marriage 27
27. Therefore at that time, when the Law also, following upon the days of the Patriarchs,
St Augustine of Hippo † AD 430 On the Good of Widowhood 10
… In order therefore for the propagation of that people, he was accounted accursed by sentence of the Law, whoso raised not up seed in Israel.
St Augustine of Hippo † AD 430 Reply to Faustus the Manichæan 14.1
… Perhaps Moses was in the habit of cursing everything good. We think no more of his denunciation than of an old wife’s scolding. So we find him pronouncing a curse on all youths of both sexes, when he says: "Cursed is every one that raiseth not up a seed in Israel."
St Augustine of Hippo † AD 430 Reply to Faustus the Manichæan 32.4
… and that, if he persists in his refusal, he must not go unpunished, but the woman must loose his shoe from his right foot, and strike him in the face, and send him away, spat upon and accursed, to perpetuate the reproach in his family.
St Augustine of Hippo † AD 430 Reply to Faustus the Manichæan 32.5
… Thus, you do not admit as true or authoritative the declaration of the Old Testament, that every one that hangeth on a tree is accursed, for this would apply to Jesus; or that every man is accursed who does not raise up seed in Israel,
St Augustine of Hippo † AD 430 Sermons on Selected Lessons of the New Testament 1.29
29. Added to this; there is another way peculiar to the Jews, in which a man might be the son of another of whom he was not born according to the flesh. For kinsmen used to marry the wives of their next of kin, who died without children, to raise up seed to him that was deceased.
Pope St Gregory I the Great † AD 604 The Book of Pastoral Rule 1.5
… Hence Paul says, If Christ died for all, then all died. And if He died for all, it remaineth that they which live should now no longer live unto themselves, but unto Him which died for them and rose again ( 2 Cor. v. 15 ). Hence Moses says (
St John of Damascus † AD 749 An Exact Exposition of the Orthodox Faith 4.14
One ought also to observe this, that the law was that when a man died without seed, this man’s brother should take to wife the wife of the dead man and raise up seed to his brother
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St Augustine of Hippo † AD 430 Expositions on the Book of Psalms 45.21
… Show me at Rome a temple of Romulus held in so great honour as I can show you the Monument of Peter. In Peter, who is honoured but He who died for us? For we are followers of Christ, not followers of Peter. And even if we were born from the brother of Him that is dead, yet are we named after the name of Him who is dead.
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3. SO ONLY THAT THE NUMBER EXCEED NOT FORTY (the reason is subjoined): LEST THY BROTHER DEPART SHAMEFULLY TORN BEFORE THY EYES. — Thus Paul: "Five times," he says, "I received forty stripes save one," II Corinth. XI, 24.
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4. THOU SHALT NOT MUZZLE THE OX THAT TREADETH OUT THE CORN IN THE FLOOR, because it is right that laboring animals should eat: wherefore the law forbids closing the mouths of those threshing with a muzzle, lest they eat from their own threshing. For they were accustomed in Palestine, as is still done in the Canaries and certain other regions, to have oxen which, driven round about, would thresh out the grain by the hooves of their feet. That this is the literal sense is evident from the very words, which inculcate this law upon the hardened Jews. You will say: In I Corinthians IX, verse 9, the Apostle seems to exclude this sense, for he says: "Is it for the oxen that God hath care?" The Abulensian replies that the Apostle brings forward another literal sense of this place, and that the principal one, with which however our sense here concerning the oxen, which is less principal, is consistent, as if the Apostle said: The care of God for oxen is less principal: but the principal care is for the preachers of the word of God. Truly, that these are not two literal senses is evident; for the ox literally does not signify a preacher, but only a true ox, while it signifies a preacher only typologically: because namely the ox, born for labor, is a type of the preacher, who labors in the field of the Lord as an ox. Therefore, since this sentence is understood literally concerning true threshing oxen, it cannot be taken literally concerning preachers, but only typologically; otherwise indeed every allegory would be a literal sense, which is plainly false. I say therefore: The literal sense is concerning oxen, as I have said; the typical sense however is concerning preachers, which the Apostle gives, namely that sustenance should be given to them, and that they are able to live from the Gospel, just as an ox is nourished by its threshing; because the principal care of God is for them, so that God principally by this law intended to signify typologically that preachers should be nourished by the people, hence the Apostle says: "Is it for the oxen that God hath care?" as if to say: The principal care of God in this law was not for oxen, but he looked to something higher, namely, that I and those like me, heralds of the Gospel, might be able to live from it. The Apostle therefore here, as also often elsewhere, argues not from the literal sense, but from the allegorical; or rather from the literal sense, he argues from the greater to the lesser, to the allegorical, as if to say: If the ox lives from the threshing, therefore much more the preacher from his preaching. Thus Tertullian, book V Against Marcion, chapter VII, and Theodoret here, Question XXXI.
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5. WHEN BROTHERS DWELT TOGETHER, not in the same house or place: for this matters little to the matter, says Abulensis; but as if to say, When brothers lived together, so that one dying, another should survive. It is a catachresis; for brothers are accustomed to dwell together in the same house, or city, or certainly province. AND IF ONE OF THEM DIE WITHOUT CHILDREN, HIS WIFE SHALL NOT MARRY TO ANOTHER; BUT HIS BROTHER SHALL TAKE HER, AND SHALL RAISE UP SEED FOR HIS BROTHER. — Tertullian, book IV Against Marcion, XXXIV, translates it, if any brother die without children, by his brother seed shall be supplied (that is, substituted) to him, or, as Cajetan translates it word for word, the brother-in-law shall take her to himself as wife, and shall perform the duty of a brother-in-law toward her. For the duty of the brother-in-law was to take the brother's widow, and from her to raise up seed for the dead brother, which Cajetan from the Hebrew calls to perform the duty of a brother-in-law. To raise up seed for the brother, therefore, is to beget offspring for the brother, or which shall be reckoned as the offspring of the dead brother, and shall be attributed to him. Note: Brother. Although Calvin understands by brother a kinsman; because, he says, in Levit. XVIII, 16, it is forbidden that a brother take the wife of his brother: yet because here no mention is made of kinsmen, and the name of brother is always repeated, hence Abulensis, Cajetan and others everywhere take brother here in the proper sense, and thus the ancient Hebrews interpreted it, as appears Matt. XXII, 25, Mark XII, 20, Gen. XXXVIII, verses 8 and 11. Whence it is clear that this law is an exception to that in Levit. XVIII, as I said there. Hence it follows that this law binds only the brothers of the dead man, not kinsmen. Brothers, I say, each one in his order; so that if the second brother, equally as the first, died without children, the third brother ought to take the widow; and if he too died without children, the fourth brother ought to take her, and so on to the last, as appears Matt. XXII, 25. The remaining kinsmen, therefore, each one in his order, after the brothers, had indeed the right of kinship to the wife of the dead man, and consequently to his inheritance; but if they were unwilling to take her, and wished to yield the inheritance, they were not marked with the infamy of this law, as appears Ruth IV, verse 6; but the wife of the dead man was bound to marry, not to another, but to the brother, or kinsman of her dead husband, if he was willing to take her. Thus Abulensis. You will ask, what if the dead brother had left a daughter, not a son; should the surviving brother take the dead man's wife? Some think not: because this daughter would have married a man, from whom she would have received offspring, which would have been named with the name of the grandfather, and would have continued his family and name, as appears from the daughters of Zelophehad, Numb. XXVII. But Abulensis and others more probably think that in this case the brother ought to have taken the widow; the reason is, because the brother owed to his brother to raise up seed: but to "raise up" "seed" is to raise up male offspring, which would propagate the name and line of the dead brother; for females never bear the name of father or grandfather, but of husband. You will ask, what was the cause of this law? I answer: The first was to multiply families; for the brother raising up seed for his brother, first restored the family of his brother, then his own; second, to provide for the widow; third, because in that age the desire for children was supreme, and the greatest sorrow of the dying was to depart without offspring: to alleviate this, therefore, this law served, whence also before this law, in the state of natural law the same custom prevailed, as appears from Thamar, Gen. XXXVIII, 8, and seq.; fourth, lest the inheritance of tribes and families be confused. Fifth, that the duty of fraternal charity and love be sanctioned. Sixth, that the survivors be reminded of their duty toward their dead. A seventh cause is given by Procopius, and Julius Africanus in Eusebius, book I of History, cap. VII: "Because," he says, "the hope of resurrection was not yet certain and undoubted in the minds of the Jews, therefore they shadowed forth in this mortal and perishable hope of resurrection, by a certain imitation, the future promise of resurrection, so that the name of him who had exchanged life for death should not be utterly blotted out from all memory." For the dead brother in a certain way rose again through the seed raised up by the brother. St. Augustine gives an allegorical cause, book XXII Against Faustus, cap. X, and from him Rupert: Each one, he says, a preacher of the Gospel ought to labor in the Church so that for the dead brother, that is Christ, he may raise up seed, who died for us, and what shall be raised up shall take his name, so that it shall be called Christian, not Petrian, nor Paulian. Thus also St. Gregory, I part. Pastor. cap. V.
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6. AND THE FIRSTBORN WHOM SHE SHALL BEAR SHALL BE CALLED BY THE NAME OF HIS (THE DEAD BROTHER'S) NAME. — In Hebrew it is, the firstborn shall stand in the name of his brother, that is, the firstborn son shall be called, not of the father, but of his uncle who is dead, and shall enter upon his inheritance: but the remaining sons whom he shall beget shall be reckoned as sons of the brother who begets them, and shall be called by his name, so that thus he himself also may leave behind him his own line and family.
25:8
8 and 9. IF HE SHALL ANSWER: I WILL NOT TAKE HER TO WIFE, THE WOMAN SHALL COME TO HIM, etc., AND SHALL TAKE OFF HIS SHOE FROM HIS FOOT, AND SHALL SPIT IN HIS FACE, that is to say, she shall mark him with infamy; for these are the marks of servile condition: for we scarcely spit in the face of slaves. The same is signified by the removal of the shoe: for servants walked barefoot, without shoes, that is to say, such a man is unworthy to wear a shoe, that is, to live among the freeborn, because he has renounced himself from his brother's wife, as much as from the inheritance and family. For it is the mark of an illiberal and base mind. Again, such a man is spat upon in the face, and stripped of his shoes, so that the highest and lowest part of man is covered with contumely, and thus the whole man is marked with infamy, so that it may be signified that such a man is stripped of all honour, from head to feet. Thus Abulensis, Oleaster and Fevardentius in Ruth cap. IV. Thirdly, the shoe is as it were the house of the foot: because therefore this man wishes to build a house for himself alone, that is, a family, not for his brother, hence he retains one shoe, but loses the other. WHO BUILDETH NOT UP A HOUSE, that is, a family, that is, who raiseth not up seed to his brother. Thus Leah and Rachel are said to have built a house, that is, a family, Israel, Ruth IV, 11.
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11 and 12. IF, etc., A WOMAN SHALL SEIZE THE PRIVY PARTS OF HER HUSBAND'S ADVERSARY (of the man quarrelling with her husband), THOU SHALT CUT OFF HER HAND, both because this contact is shameful. Thus Vatablus and Cajetan, who says: "The law abhors that a woman should dare to injure the members of a man, which are directly produced for the perfecting of the female sex." For this seizure made to prevent a quarrel and fight was violent and injurious. Then because in violent seizure of the privy parts there is such pain that a man becomes immobile, and can most easily be killed by another with whom he is quarrelling and fighting. Thus Abulensis.
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19. THOU SHALT BLOT OUT HIS NAME (Amalek) FROM UNDER HEAVEN, that is to say, thou shalt so strike down the Amalekites that no memory of them shall remain on earth among men, as indeed we see that none now remains. Thus are blotted out those who persecute the faithful and the saints.
Machine translation from the Latin, not reviewed.
25:1
… the great one of 71 members, the election of arbitral judges, the witnesses, the death penalty, who remains excluded from participation in the life to come, the false prophet, the privileges of the high priest and of the king. e) Makhāth, "stripes" (Deut. 25, 1 ff.): in 3 chapters it deals with false witnesses, the involuntary homicide and the cities of refuge, of 59 actions punishable with stripes. f) Šēbhū'ōth, "oaths" (8 chapters): expiation …
RYLAND, PAPYRI of - Fragments of the papyrus R. Gk. 458 (2nd century A.D.): a) Deut. 25, 1-3; b) Hinde, I, 244-50; c) copy of a document of the 2nd century B.C.
25:2
Among the Hebrew people the law (Deut. 25, 2) prescribed flagellation: «si eum, qui peccavit, dignum viderint plagis, prosternent et coram se facient verberari». …
25:3
… flagellation; the number of blows varied according to the gravity of the crime, but it was never, in any case, to exceed forty: «ita dumtaxat, ut quadragenarium numerum (di piaghe) non excedant, ne foede laceratus ante oculos tuos abeat frater tuus» (ibid. 25, 3). Of flagellation, it is true, speak, threatening it, Gideon with regard to his enemies, if they should fall into his hands (Judg. 8, 7), and Rehoboam to the Hebrews, who murmured …
25:4
… « You shall not muzzle the ox that treads out your harvest on the threshing floor » (Deut. 25, 4), so that, having the food before its eyes, it may not suffer hunger doubly. …
… God (Apoc. 1:11, 19; 2:1, 8, 12, 18; 3:1, 7, 14; 19:9) and calls his book a "prophecy," to which nothing must be added or taken away, by divine disposition (ibid. 22:9, 10, 18-19). In I Tim. 5:18 it seems that Paul cites Lk. 1:9, 7, equating it with Deut. 25:4. Peter places the letters of Paul and the "other Scriptures," that is, those of the Old Testament, on the same level (II Pt. 3:16), and declares that Paul wrote them according to "the …
25:5
… (Estha) and of different fathers (the first of Mathan, a descendant of David through Solomon; the second of Mathan, a descendant of David through Nathan), and Heli having died without children, Jacob his brother, according to the law of the levirate (Deut. 25:5-6) married the widow of Heli and had by her a son Joseph, who was therefore the natural son of Jacob, the legal son of Heli. …
The law of the levirate appears in Deuteronomy, where the manner in which the brother-in-law who evades the levirate is to be treated is described (Deut. 25:5-10): in the presence of the elders the widow removes his sandal and spits in his face, saying: "So shall it be done to the man who does not rebuild his brother's house." The brother-in-law …
… The extension of the levirate (ibid. 3-4) corresponds to ancient Hittite and Akkadian customs (cf. Gen. 38; C. H. Gordon, Parallèles nouziens aux lois et coutumes de l'Ancien Testament, in Revue biblique, 42 [1935], p. 37); Deut. 25, 5-10 limits this law to the brother-in-law (R. Tamisier, p. 322 ff.). …
25:19
Amalecites (Heb. Amaleq; Vulgate [Septuagint] Amalec and Amalecites)
… (mē-'ōlām) from Shur as far as the land of Egypt." And while the Edomites were to be spared by the Hebrews (cf. Deut. 2:4-8), the A. were subject to the herem (v.), that is, they were devoted to destruction, and war against them was holy (Ex. 17:4, 16; Deut. 25:19; I Sam. 15).
25:58
Moses (Mōšeh, Μω[θ]σῆς, Vulg. MoySES, Ancient Latin Moses)
… He made a general revision of all the legislation promulgated from Sinai to Kadesh, updating and completing it, in a series of discourses that were written down (Deut. 17, 18; 25, 58, etc.) and deposited near the Ark (ibid. 31, 26) and form the content of Deuteronomy (v.); he renewed the covenant (ibid. 28, 69), ordered the periodic reading of the Law; finally …
Douay-Rheims (Challoner) · Vulgata Clementina · original Douay-Rheims (Douay 1609-10), transcription by EEBO-TCP (CC0) · La Sacra Bibbia, tradotta dalla Volgata da Antonio Martini (1769-1781) (LaParola (laparola.net), Martini OSIS text, Public domain (LaParola's electronic edition marks it 'Dominio pubblico')). Public domain.