Deuteronomy 24:5

. Of servants and their hire, Deu 24:14, Deu 24:15. Parents and children shall not be put to death for each other, Deu 24:16. Of humanity to the stranger, fatherless, widow, and bondman, Deu 24:17, Deu 24:18. Gleanings of the harvest, etc., to be left for the poor, stranger, widow, fatherless, etc., Deu 24:19-22. Verse 1 Some uncleanness - Any cause of dislike, for this great latitude of meaning the fact itself authorizes us to adopt, for it is certain that a Jew might put away his wife for any cause that seemed good to himself; and so hard were their hearts, that Moses suffered this; and we find they continued this practice even to the time of our Lord, who strongly reprehended them on the account, and showed that such license was wholly inconsistent with the original design of marriage; see Mat 5:31 (note), etc.; Mat 19:3 (note), etc., and the notes there. Verse 3 And write her a bill of divorcement - These bills, though varying in expression, are the same in substance among the Jews in all places. The following, collected from Maimonides and others, is a general form, and contains all the particulars of such instruments. The reader who is curious may find a full account of divorces in the Biblioth. Rab. of Bartolocci, and the following form in that work, vol. iv., p. 550. "In - day of the week, or day - of the month A., in - year from the creation of the world, or from the supputation (of Alexander) after the account that we are accustomed to count by, here, in the place B., I, C., the son of D., of the place B., (or if there be any other name which I have, or my father hath had, or which my place or my father's place hath had), have voluntarily, and with the willingness of my soul, without constraint, dismissed, and left, and put away thee, even thee, E., the daughter of F., of the city G., (or if thou have any other name or surname, thou or thy father, or thy place or thy father's place), who hast been my wife heretofore; but now I dismiss thee, and leave thee, and put thee away, that thou mayest be free, and have power over thy own life, to go away to be married to any man whom thou wilt; and that no man be refused of thine hand, for my name, from this day and for ever. And thus thou art lawful for any man; and this is unto thee, from me, a writing of divorcement, and book (instrument) of dismission, and an epistle of putting away; according to the Law of Moses and Israel. A., son of B., witness.C., son of D., witness." Verse 4 She is defiled - Does not this refer to her having been divorced, and married in consequence to another? Though God, for the hardness of their hearts, suffered them to put away their wives, yet he considered all after-marriages in that case to be pollution and defilement; and it is on this ground that our Lord argues in the places referred to above, that whoever marries the woman that is put away is an adulterer: now this could not have been the case if God had allowed the divorce to be a legal and proper separation of the man from his wife; but in the sight of God nothing can be a legal cause of separation but adultery on either side. In such a case, according to the law of God, a man may put away his wife, and a wife may put away her husband; (see Mat 19:9 ); for it appears that the wife had as much right to put away her husband as the husband had to put away his wife, see Mar 10:12. Verse 5 When a man hath taken a new wife - Other people made a similar provision for such circumstances. Alexander ordered those of his soldiers who had married that year to spend the winter with their wives, while the army was in winter quarters. See Arrian, lib. i. Verse 6 The nether or the upper mill-stone - Small hand-mills which can be worked by a single person were formerly in use among the Jews, and are still used in many parts of the East. As therefore the day's meal was generally ground for each day, they keeping no stock beforehand, hence they were forbidden to take either of the stones to pledge, because in such a case the family must be without bread. On this account the text terms the millstone the man's life. Verse 8 The plague of leprosy - See on Leviticus 13 (note), and Leviticus 14 (note). Verse 12 And if the man be poor, etc. - Did not this law preclude pledging entirely, especially in case of the abjectly poor? For who would take a pledge in the morning which he knew, if not redeemed, he must restore at night? However, he might resume his claim in the morning, and have the pledge daily returned, and thus keep up his property in it till the debt was discharged; see the note on Exo 22:26. The Jews in several cases did act contrary to this rule, and we find them cuttingly reproved for it by the Prophet Amos, Amo 2:8. Verse 15 He is poor, and setteth his heart upon it - How exceedingly natural is this! The poor servant who seldom sees money, yet finds from his master's affluence that it procures all the conveniences and comforts of life, longs for the time when he shall receive his wages; should his pay be delayed after the time is expired, he may naturally be expected to cry unto God against him who withholds it. See most of these subjects treated at large on Exo 22:21-27 (note). Verse 16 The fathers shall not be put to death for the children, etc. - This law is explained and illustrated in sufficient detail, Ezekiel 18. Verse 18 Thou shalt remember that thou wast a bondman - Most people who have affluence rose from comparative penury, for those who are born to estates frequently squander them away; such therefore should remember what their feelings, their fears, and anxieties were, when they were poor and abject. A want of attention to this most wholesome precept is the reason why pride and arrogance are the general characteristics of those who have risen in the world from poverty to affluence; and it is the conduct of those men which gave rise to the rugged proverb, "Set a beggar on horseback, and he will ride to the devil." Verse 19 When thou cuttest down thine harvest - This is an addition to the law, Lev 19:9; Lev 23:22. The corners of the field, the gleanings, and the forgotten sheaf, were all the property of the poor. This the Hebrews extended to any part of the fruit or produce of a field, which had been forgotten in the time of general ingathering, as appears from the concluding verses of this chapter. Introduction Punishment by whipping not to exceed forty stripes, Deu 25:1-3. The ox that treads out the corn is not to be muzzled, Deu 25:4. The ordinance concerning marrying the wife of that brother who has died childless, Deu 25:5-10. Of the woman who acts indecently in succouring her husband, Deu 25:11, Deu 25:12. Of false weights and measures,

Business - Any publick office or employment, which may cause an absence from or neglect of his wife. One year - That their affections may be firmly settled, so as there may be no occasions for the divorces last mentioned.

The Law of Divorce. ( b. c. 1451.) 5 When a man hath taken a new wife, he shall not go out to war, neither shall he be charged with any business: but he shall be free at home one year, and shall cheer up his wife which he hath taken. 6 No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge. 7 If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die; and thou shalt put evil away from among you. 8 Take heed in the plague of leprosy, that thou observe diligently, and do according to all that the priests the Levites shall teach you: as I commanded them, so ye shall observe to do. 9 Remember what the Lord thy God did unto Miriam by the way, after that ye were come forth out of Egypt. 10 When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge. 11 Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee. 12 And if the man be poor, thou shalt not sleep with his pledge: 13 In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the Lord thy God. Here is, I. Provision made for the preservation and confirmation of love between new-married people, v. 5 . This fitly follows upon the laws concerning divorce, which would be prevented if their affection to each other were well settled at first. If the husband were much abroad from his wife the first year, his love to her would be in danger of cooling, and of being drawn aside to others whom he would meet with abroad; therefore his service to his country in war, embassies, or other public business that would call him from home, shall be dispensed with, that he may cheer up the wife that he has taken. Note, 1. It is of great consequence that love be kept up between husband and wife, and that every thing be very carefully avoided which might make them strange one to another, especially at first; for in that relation, where there is not the love that should be, there is an inlet ready to abundance of guilt and grief. 2. One of the duties of that relation is to cheer up one another under the cares and crosses that happen, as helpers of each other's joy; for a cheerful heart does good like a medicine. II. A law against man-stealing, v. 7 . It was not death by the law of Moses to steal cattle or goods; but to steal a child, or a weak and simple man, or one that a man had in his power, and to make merchandize of him, this was a capital crime, and could not be expiated, as other thefts, by restitution—so much is a man better than a sheep, Matt. xii. 12 . It was a very heinous offence, for, 1. It was robbing the public of one of its members. 2. It was taking away a man's liberty, the liberty of a free-born Israelite, which was next in value to his life. 3. It was driving a man out from the inheritance of the land, to the privileges of which he was entitled, and bidding him go serve other gods, as David complains against Saul, 1 Sam. xxvi. 19 . III. A memorandum concerning the leprosy, v. 8, 9 . 1. The laws concerning it must be carefully observed. The laws concerning it we had, Lev. xiii. 14 . They are here said to be commanded to the priests and Levites, and therefore are not repeated in a discourse to the people; but the people are here charged, in case of leprosy, to apply to the priest according to the law, and to abide by his judgment, so far as it agreed with the law and the plain matter of fact. The plague of leprosy being usually a particular mark of God's displeasure for sin, he in whom the signs of it did appear ought not to conceal it, nor cut out the signs of it, nor apply to the physician for relief; but he must go to the priest, and follow his directions. Thus those that feel their consciences under guilt and wrath must not cover it, nor endeavour to shake off their convictions, but by repentance, and prayer, and humble confession, take the appointed way to peace and pardon. 2. The particular case of Miriam, who was smitten with leprosy for quarrelling with Moses, must not be forgotten. It was an explication of the law concerning the leprosy. Remember that, and, (1.) "Take heed of sinning after the similitude of her transgression, by despising dominions and speaking evil of dignities, lest you thereby bring upon yourselves the same judgment." (2.) "If any of you be smitten with a leprosy, expect not that the law should be dispensed with, nor think it hard to be shut out of the camp and so made a spectacle; there is no remedy: Miriam herself, though a prophetess and the sister of Moses, was not exempted, but was forced to submit to this severe discipline when she was under this divine rebuke." Thus David, Hezekiah, Peter, and other great men, when they had sinned, humbled themselves, and took to themselves shame and grief; let us not expect to be reconciled upon easier terms. IV. Some necessary orders given about pledges for the security of money lent. They are not forbidden to take such securities as would save the lender from loss, and oblige the borrower to be honest; but, 1. They must not take the millstone for a pledge ( v. 6 ), for with that they ground the corn that was to be bread for their families, or, if it were a public mill, with it the miller got his livelihood; and so it forbids the taking of any thing for a pledge by the want of which a man was in danger of being undone. Consonant to this is the ancient common law of England, which provides that no man be distrained of the utensils or instruments of his trade or profession, as the axe of a carpenter, or the books of a scholar, or beasts belonging to the plough, as long as there are other beasts of which distress may be made ( Coke, 1 Inst. fol. 47). This teaches us to consult the comfort and subsistence of others as much as our own advantage. That creditor who cares not though his debtor and his family starve, nor is at all concerned what become of them, so he may but get his money or secure it, goes contrary, not only to the law of Christ, but even to the law of Moses too. 2. They must not go into the borrower's house to fetch the pledge, but must stand without, and he must bring it, v. 10, 11 . The borrower (says Solomon) is servant to the lender; therefore lest the lender should abuse the advantage he has against him, and improve it for his own interest, it is provided that he shall take not what he pleases, but what the borrower can best spare. A man's house is his castle, even the poor man's house is so, and is here taken under the protection of the law. 3. That a poor man's bed-clothes should never be taken for a pledge, v. 12, 13 . This we had before, Exod. xxii. 26, 27 . If they were taken in the morning, they must be brought back again at night, which is in effect to say that they must not be taken at all. "Let the poor debtor sleep in his own raiment, and bless thee," that is, "pray for thee, and praise God for thy kindness to him." Note, Poor debtors ought to be sensible (more sensible than commonly they are) of the goodness of those creditors that do not take all the advantage of the law against them, and to repay their kindnesses by their prayers for them, when they are not in a capacity to repay it in any other way. "Nay, thou shalt not only have the prayers and good wishes of thy poor brother, but it shall be righteousness to thee before the Lord thy God, " that is, "It shall be accepted and rewarded as an act of mercy to thy brother and obedience to thy God, and an evidence of thy sincere conformity to the law. Though it may be looked upon by men as an act of weakness to deliver up the securities thou hast for thy debt, yet it shall be looked upon by thy God as an act of goodness, which shall in no wise lose its reward."