Deuteronomy 22:5

res to be avoided, Deu 22:9-11 . Fringes on the garments, Deu 22:12 . Case of the hated wife, and the tokens of virginity, and the proceedings thereon, Deu 22:13-21 . The adulterer and adulteress to be put to death, Deu 22:22 . Case of the betrothed damsel corrupted in the city, Deu 22:23 , Deu 22:24 . Cases of rape and the punishment, Deu 22:25-27 ; of fornication, Deu 22:28 , Deu 22:29 . No man shall take his father's wife, Deu 22:30 . Verse 1 Thou shalt not see thy brother's ox or his sheep go astray - The same humane, merciful, and wise regulations which we met with before, Exo 23:4 , Exo 23:5 , well calculated to keep in remembrance the second grand branch of the law of God, Thou shalt love thy neighbor as thyself. A humane man cannot bear to see even an ass fall under his burden, and not endeavor to relieve him; and a man who loves his neighbor as himself cannot see his property in danger without endeavoring to preserve it. These comparatively small matters were tests and proofs of matters great in themselves, and in their consequences. See the note on Exo 23:4 . Verse 3 Thou mayest not hide thyself - Thou shalt not keep out of the way of affording help, nor pretend thou didst not see occasion to render thy neighbor any service. The priest and the Levite, when they saw the wounded man, passed by on the other side of the way, Luk 10:31 , Luk 10:32 . This was a notorious breach of the merciful law mentioned above. Verse 5 The woman shall not wear that which pertaineth unto a man - כלי גבר keli geber, the instruments or arms of a man. As the word גבר geber is here used, which properly signifies a strong man or man of war, it is very probable that armor is here intended; especially as we know that in the worship of Venus, to which that of Astarte or Ashtaroth among the Canaanites bore a striking resemblance, the women were accustomed to appear in armor before her. It certainly cannot mean a simple change in dress, whereby the men might pass for women, and vice versa. This would have been impossible in those countries where the dress of the sexes had but little to distinguish it, and where every man wore a long beard. It is, however, a very good general precept understood literally, and applies particularly to those countries where the dress alone distinguishes between the male and the female. The close-shaved gentleman may at any time appear like a woman in the female dress, and the woman appear as a man in the male's attire. Were this to be tolerated in society, it would produce the greatest confusion. Clodius, who dressed himself like a woman that he might mingle with the Roman ladies in the feast of the Bona Dea, was universally execrated. Verse 7 Thou shalt - let the dam go, and take the young to thee; that it may be well with thee - This passage may be understood literally. If they destroyed both young and old, must not the breed soon fail, and would it not in the end be ill with them; and by thus cutting off the means of their continual support, must not their days be shortened on the land? But we may look for a humane precept in this law. The young never knew the sweets of liberty; the dam did: they might be taken and used for any lawful purpose, but the dam must not be brought into a state of captivity. They who can act otherwise must be either very inconsiderate or devoid of feeling; and such persons can never be objects of God's peculiar care and attention, and therefore need not expect that it shall be well with them, or that they shall prolong their days on the earth. Every thing contrary to the spirit of mercy and kindness the ever blessed God has in utter abhorrence. And we should remember a fact, that he who can exercise cruelty towards a sparrow or a wren, will, when circumstances are favorable, be cruel to his fellow creatures. The poet Phocylides has a maxim in his admonitory poem very similar to that in the sacred text: - Μηδε τις ορυιθας καλιης ἁμα παντας ἑλεσθω· Μητερα δ' εκπρολιπῃς, ἱν' εχῃς παλι τησδε νεοττους. Phocyl. Ποιημα Νουθετ., ver. 80. "Nor from a nest take all the birds away; The mother spare, she'll breed a future day." Verse 8 A battlement for thy roof - Houses in the East are in general built with flat roofs, and on them men walk to enjoy the fresh air, converse together, sleep, etc.; it was therefore necessary to have a sort of battlement or balustrade to prevent persons from falling off. If a man neglected to make a sufficient defense against such accidents, and the death of another was occasioned by it, the owner of the house must be considered in the light of a murderer. Verse 9 Divers seeds - See the note on Lev 19:19 . Verse 10 Thou shalt not plough with an ox and an ass - It is generally supposed that mixtures of different sorts in seed, breed, etc., were employed for superstitious purposes, and therefore prohibited in this law. It is more likely, however, that there was a physical reason for this; two beasts of a different species cannot associate comfortably together, and on this ground never pull pleasantly either in cart or plough; and every farmer knows that it is of considerable consequence to the comfort of the cattle to put those together that have an affection for each other. This may be very frequently remarked in certain cattle, which, on this account, are termed true yoke-fellows. After all, it is very probable that the general design was to prevent improper alliances in civil and religious life. And to this St. Paul seems evidently to refer, 2Cor 6:14 : Be ye not unequally yoked with unbelievers; which is simply to be understood as prohibiting all intercourse between Christians and idolaters in social, matrimonial, and religious life. And to teach the Jews the propriety of this, a variety of precepts relative to improper and heterogeneous mixtures were interspersed through their law, so that in civil and domestic life they might have them ever before their eyes. Verse 12 Fringes - See on Num 15:38 (note). Verse 15 Tokens of the damsel's virginity - This was a perfectly possible case in all places where girls were married at ten, twelve, and fourteen years of age, which is frequent in the East. I have known several instances of persons having had two or three children at separate births before they were fourteen years of age. Such tokens, therefore, as the text speaks of, must be infallibly exhibited by females so very young on the consummation of their marriage. Verse 17 They shall spread the cloth, etc. - A usage of this kind argues a roughness of manners which would ill comport with the refinement of European ideas on so delicate a subject. Attempts have been made to show that the law here is to be understood metaphorically; but they so perfectly fail to establish any thing like probability, that it would be wasting my own and my reader's time to detail them. A custom similar to that above is observed among the Mohammedans to the present day. Verse 22 Shall both of them die - Thus we find that in the most ancient of all laws adultery was punished with death in both the parties. Verse 25 And the man force her - A rape also, by these ancient institutions, was punished with death, because a woman's honor was considered equally as precious as her life; therefore the same punishment was inflicted on the ravisher as upon the murderer. This offense is considered in the same point of view in the British laws, and by them also it is punished with death. Verse 30 A man shall not take his father's wife - This is to be understood as referring to the case of a stepmother. A man in his old age may have married a young wife, and on his dying, his son by a former wife may desire to espouse her: this the law prohibits. It was probably on pretense of having broken this law, that Solomon put his brother Adonijah to death, because he had desired to have his father's concubine to wife, 1Kgs 2:13-25 . Introduction Neither eunuchs, bastards, Ammonites, nor Moabites, shall be incorporated with the genuine Israelites, Deu 23:1-3 . The reason why the Ammonites and Moabites were excluded, Deu 23:4-6 . Edomites and Egyptians to be respected, Deu 23:7 . Their descendants in the third generation may be incorporated with the Israelites, Deu 23:8 . Cautions against wickedness when they go forth against their enemies,

5 The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment: for all that do so are abomination unto the Lord thy God. 6 If a bird's nest chance to be before thee in the way in any tree, or on the ground, whether they be young ones, or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young: 7 But thou shalt in any wise let the dam go, and take the young to thee; that it may be well with thee, and that thou mayest prolong thy days. 8 When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence. 9 Thou shalt not sow thy vineyard with divers seeds: lest the fruit of thy seed which thou hast sown, and the fruit of thy vineyard, be defiled. 10 Thou shalt not plow with an ox and an ass together. 11 Thou shalt not wear a garment of divers sorts, as of woollen and linen together. 12 Thou shalt make thee fringes upon the four quarters of thy vesture, wherewith thou coverest thyself. Here are several laws in these verses which seem to stoop very low, and to take cognizance of things mean and minute. Men's laws commonly do not so: De minimis non curat lex—The law takes no cognizance of little things; but because God's providence extends itself to the smallest affairs, his precepts do so, that even in them we may be in the fear of the Lord, as we are under his eye and care. And yet the significancy and tendency of these statutes, which seem little, are such that, notwithstanding their minuteness, being fond among the things of God's law, which he has written to us, they are to be accounted great things. I. The distinction of sexes by the apparel is to be kept up, for the preservation of our own and our neighbour's chastity, v. 5 . Nature itself teaches that a difference be made between them in their hair ( 1 Cor. xi. 14 ), and by the same rule in their clothes, which therefore ought not to be confounded, either in ordinary wear or occasionally. To befriend a lawful escape or concealment it may be done, but whether for sport or in the acting of plays is justly questionable. 1. Some think it refers to the idolatrous custom of the Gentiles: in the worship of Venus, women appeared in armour, and men in women's clothes; this, as other such superstitious usages, is here said to be an abomination to the Lord. 2. It forbids the confounding of the dispositions and affairs of the sexes: men must not be effeminate, nor do the women's work in the house, nor must women be viragos, pretend to teach, or usurp authority, 1 Tim. ii. 11, 12 . Probably this confounding of garments had been used to gain opportunity of committing uncleanness, and is therefore forbidden; for those that would be kept from sin must keep themselves from all occasions of it and approaches to it. II. In taking a bird's-nest, the dam must be let go, v. 6, 7 . The Jews say, "This is the least of all the commandments of the law of Moses," and yet the same promise is here made to the observance of it that is made to the keeping of the fifth commandment, which is one of the greatest, that it may be well with thee, and that thou mayest prolong thy days; for, as disobedience in a small matter shows a very great contempt of the law, so obedience in a small matter shows a very great regard to it. He that let go a bird out of his hand (which was worth two in the bush) purely because God bade him, in that made it to appear that he esteemed all God's precepts concerning all things to be right, and that he could deny himself rather than sin against God. But doth God take care for birds? 1 Cor. ix. 9 . Yes, certainly; and perhaps to this law our Saviour alludes. Luke xii. 6 , Are not five sparrows sold for two farthings, and not one of them is forgotten before God? This law, 1. Forbids us to be cruel to the brute-creatures, or to take a pleasure in destroying them. Though God has made us wiser than the fowls of heaven, and given us dominion over them, yet we must not abuse them nor rule them with rigour. Let go the dam to breed again; destroy it not, for a blessing is in it, Isa. lxv. 8 . 2. It teaches us compassion to those of our own kind, and to abhor the thought of every thing that looks barbarous, and cruel, and ill-natured, especially towards those of the weaker and tender sex, which always ought to be treated with the utmost respect, in consideration of the sorrows wherein they bring forth children. It is spoken of as an instance of the most inhuman cruelty that the mother was dashed to pieces upon her children ( Hos. x. 14 ), and that the women with child were ripped open, Amos i. 13 . 3. It further intimates that we must not take advantage against any, from their natural affection and the tenderness of their disposition, to do them an injury. The dam could not have been taken if her concern for her eggs or young (unlike to the ostrich) had not detained her upon the next when otherwise she could easily have secured herself by flight. Now, since it is a thousand pities that she should fare the worse for that which is her praise, the law takes care that she shall be let go. The remembrance of this may perhaps, some time or other, keep us from doing a hard or unkind thing to those whom we have at our mercy. III. In building a house, care must be taken to make it safe, that none might receive mischief by falling from it, v. 8 . The roofs of their houses were flat for people to walk on, as appears by many scriptures; now lest any, through carelessness, should fall off them, they must compass them with battlements, which (the Jews say) must be three feet and a half high; if this were not done, and mischief followed, the owner, by his neglect, brought the guilt of blood upon his house. See here, 1. How precious men's lives are to God, who protects them, not only by his providence, but by his law. 2. How precious, therefore, they ought to be to us, and what care we should take to prevent hurt from coming to any person. The Jews say that by the equity of this law they were obliged (and so are we too) to fence, or remove, every thing by which life may be endangered, as to cover draw-wells, keep bridges in repair, and the like, lest, if any perish through our omission, their blood be required at our hand. IV. Odd mixtures are here forbidden, v. 9, 10 . Much of this we met with before, Lev. xix. 19 . There appears not any thing at all of moral evil in these things, and therefore we now make no conscience of sowing wheat and rye together, ploughing with horses and oxen together, and of wearing linsey-woolsey garments; but hereby is forbidden either, 1. A conformity to some idolatrous customs of the heathen. Or, 2. That which is contrary to the plainness and purity of an Israelite. They must not gratify their own vanity and curiosity by putting those things together which the Creator in infinite wisdom had made asunder: they must not be unequally yoked with unbelievers, nor mingle themselves with the unclean, as an ox with an ass. Nor must their profession and appearance in the world be motley, or party-coloured, but all of a piece, all of a kind. V. The law concerning fringes upon their garments, and memorandums of the commandments, which we had before ( Num. xv. 38, 39 ), is here repeated, v. 12 . By these they were distinguished from other people, so that it might be said, upon the first sight, There goes an Israelite, which taught them not to be ashamed of their country, nor the peculiarities of their religion, how much soever their neighbours looked upon them and it with contempt: and they were also put in mind of the precepts upon the particular occasions to which they had reference; and perhaps this law is repeated here because the precepts immediately foregoing seemed so minute that they were in danger of being overlooked and forgotten. The fringes will remind you not to make your garments of linen and woollen, v. 11 . The Punishment of Fornication. ( b. c. 1451.)

Shall not wear - Namely, ordinarily or unnecessarily, for in some cases this may be lawful, as to make an escape for one's life. Now this is forbidden, both for decency sake, that men might not confound those sexes which God hath distinguished, that all appearance of evil might be avoided, such change of garments carrying a manifest sign of effeminacy in the man, of arrogance in the woman, of lightness and petulancy in both; and also to cut off all suspicions and occasions of evil, which this practice opens a wide door to.