MISCELLANEOUS LAWS As an extension of the previous chapter, God proclaims his care for the afflicted categories of people, even if they are under punishment. He sets a limitation for the punishment of beating or scourging; He cares for the ox, not to be muzzled while treading the grain; for the widow, to get descendants for her husband who died childless, that his name might not be blotted out of Israel. Beside a group of several other statutes for the sake of referring a holy congregation to the Lord. 1. Forty lashes 1–3. 2. Do not muzzle a treading ox 4. 3. Setting descendants for the deceased 5–10. 4. The shameless woman 11–12. 5. Cheating weights and measures 13–16. 6. Destruction of Amalek 17–19. 1. FORTY BLOWS (LASHES) Although the Law is very harsh with the guilty, going as far as stoning to death; yet it does not consider the punishment as a goal in itself; and does not embrace the spirit of revenge; but looks at the criminal as a brother who deserves to be treated with compassion, yet, without any partiality on the expense of the salvation of his soul and that of his brethren. The Law dealt with the Jewish people like little children who sometimes need to be disciplined, lest their collective or personal mission might be destroyed. “If there is a dispute between men, and they come to court, that the judges may judge them, and they justify the righteous and condemn the wicked, Then it shall be, if the wicked man deserves to be beaten, that the judge cause him to lie down and be beaten in his presence, according to his guilt, with a certain number of blows (lashes). Forty lashes he may give him and no more, lest he should exceed this and beat him with many lashes above these, and your brother be humiliated in your sight” (Deut. 25:1 –3) The blows used to be by a rod (2 Samuel 7:14; Proverbs 10:13), which is still practiced in some cities in the Near East, where a person is caused to lie down on the ground and is beaten on his feet with a rod. He could be beaten by thorns and briers (Judges 8:16, 17); by stripes or by scourges with solid knots (1 Kings 12:11, 14). In these verses, the following principles are presented: (1) The accused should be confronted by those who accuse him, in the presence of judges, who will investigate and find out the truth. Everything should be done in public, lest justice would be compromised. (2) The innocent should be acquitted. (3) “He who justifies the wicked, and he who condemns the just, both of them alike are an abomination to the Lord” (Proverb 17:15). According to the apostle Paul, “He is God’s minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God’s minister, an avenger to execute wrath on him who practices evil” (Romans 13:4); and according to the apostle Peter, “Submit yourselves to every ordinance of man for the Lord’s sake, whether to the king as supreme, or to governors, as to those who are sent by him for the punishment of evildoers and for the praise of those who do good” (1 Peter 2:14). (4) The verdict should be according to the seriousness of the guilt of the accused. If he does not deserve to be executed or stoned, he would be mostly beaten a 7 number of blows (lashes) according to his guilt. No one is to be exempted from punishment because of his rank, social status or wealth. (5) Punishment should be done in a solemn religious atmosphere. The number of blows should not exceed 40; and the Jews used to prefer it to be forty minus one (2 Corinthians 11:24), for fear that through some error, it may exceed forty. In most cases, the whip used to carry three branches; and the condemned receives 13 lashes (13×3=39). Putting limitation to the number of lashes confirms that no one should be treated like a slave or an animal, lest he would be humiliated, or assumes to be despised by everyone, and with no hope of being corrected. Thus God cares for the psyche of everyone; discerns between the sin and the sinner; and seeks to crush the sin, yet to save the sinner and to correct his path. During the procedure of scourging, the chief judge used to read with a loud voice, ( Deuteronomy 28:58, 59; 29:9) ; and end with ( Psalm 78:38) ; to confirm that the goal of the punishment is not revenge, but the benefit of the guilty and the edification of others. Trapp says that the Turks, after cruelly scourging, the guilty are committed to go back to his judge to kiss his hand and to thank him; and to the officer who executed the verdict to pay him some money for his labor1. (6) The verdict should be executed in the presence of the judge, who issued it, to make sure that his verdict is honestly executed, to realize justice. (7) Saying: “that your brother is not humiliated in your sight” (3), reveals God’s care for man’s dignity, not only in the sight of his brother, but also in the sight of heaven. The trial that occurs on earth, and through human judges, has to be an echo to a heavenly work, aiming to separate the evil and not the evildoer, to take away the sin and not the sinner; and to destroy corruption, yet to glorify the repentant on a heavenly eternal level. 2. DO NOT MUZZLE A TREADING OX An ox should have the chance to feed while working. The apostle Paul believes that the text here refers to the minister of the altar who should eat from the altar. The needs of those who preach the gospel should be provided, to let them minister without worrying about material things. The apostle says: “Is it oxen God is concerned about? Or does He say it altogether for our sakes? For our sakes, no doubt, this is written, that he who plows should plow in hope, and he who threshes in hope should be partaker of his hope. If we have sown spiritual things for you; is it a great thing if we reap your material things? If others are partakers of this right over you, are we not even more? Nevertheless we have not used this right, but endure all things lest we hinder the gospel Of Christ. Do not you know that those who minister the holy things eat of the things of the temple, and those who serve at the altar partake of the offerings of the altar? Even so the Lord has commanded that those who preach the gospel should live from the gospel” (1 Corinthians 9:9-14). 3. SETTING DESCENDANTS FOR THE DECEASED “If brothers live together and one of them dies and has no son, the widow of the dead man shall not be married to a stranger outside the family; her husband’s brother shall go in to her, take her as his wife, and perform the duty of a husband’s brother to her. And it shall be that the firstborn son whom she bears will succeed to the name of his dead brother, that his name will not be blotted out of Israel. (Deut. 25:5-6) 1 Pulpit Comm., Deuteronomy, p. 394. 8 What is the goal of this statute? (1) Because man used to consider his seed as an extension of his life; the brother or a kinsman, is committed to marry the widow, to set a descendant of the deceased, so that his name would not be blotted out of the world. This is an ancient statute, even before the Mosaic Law, as it came in the book of (Genesis 38:8).The widow is not allowed to marry any man other than the brother or the kinsman, unless he refuses to marry her. (2) The most important possession of man in the Old Testament, was his portion in the Promised Land that was given as a free gift from God to the people as a whole, and was distributed by lot among them by Joshua the son of Nun. Every tribe of Israel was keen on its portion of land, the way the church is keen on her enjoyment of the new land, the exalted Jerusalem. As the childless widow could not be able to work the land, to sell its products, or to care for the sheep etc.; marriage to her was a necessity. And because her marriage to someone of another family can mean that he and his descendants may inherit a land that is not his right to inherit, this statute was set, to keep the land, not only within the same tribe, but the same family, or even to be delivered to the firstborn son who bears the name of his deceased father. (3) This statute constitutes dignity for the widow, and a provision of family love for her, having no more husband or children to care for her. The Sadducees wrongly assumed this statute to be a proof that there is no resurrection from the dead; as, in resurrection, whose wife will she be? (Matthew 22:24) Some interpret the word ‘son’ as ‘child;’ as it came in the Septuagint version and in the ‘Vulgate1.’ If the deceased had a daughter, he would have descendants through her (Numbers 27:4). Now, How would be the situation if the brother or the kinsman refuses to marry the widow to set descendants for the deceased? “But if the man does not want to take his brother’s wife, then let his brother’s wife go up to the gate of the elders and say, ‘My husband’s brother refuses to raise up a name to his brother in Israel; he will not perform the duty of my husband’s brother.’ Then the elders of this city shall call him and speak to him; and if he stands firm and say, ‘I do not want to take her,’ then his brother’s wife shall come to him in the presence of the elders, removes his sandal from his foot, spit in his face, and answer and say, ‘so shall it be done to the man who will not build up his brother’s house.’ And his name shall be called in Israel, ‘the house of him who had his sandals removed’” (Deut. 25:7-10) (1) There is no Law that commits him to do that against his free will. If he does not love her, he has the right to reject her; the relationship of marriage has to be built upon love and understanding. (2) Concerning the kinsman who refuses to marry the widow of his brother (or of his deceased relative), the widow will remove his sandal and spit in his face in the presence of the elders of his city, and his house will be called ‘the house of him who had his sandals removed.’ This rite reveals how much the Law was keen on rising up the name of the deceased… because it was the hope of every believer that the Messiah would come from his seed. It was believed that the refusal is a rebuff of the widow herself, of the deceased, of his family, of the tribe, and of the congregation as a whole, and even a 1 LXXl Hiseohus: Antiq. 4:8,23, Matt. 25; Maimon: In Jibbum 2:6-9. 9 disregard of God’s plan, that every tribe (and even every family) should keep its portion in the Promised Land, Some Jews interpret that the spitting was not in the husband’s face, but on the ground1, a custom still followed in certain regions of the Middle East, like in Upper Egypt, when someone intends to insult another. In the episode of ‘Ruth,’ when the kinsman refused to marry her, Boez, the next in line, took up the responsibility to raise a name for her deceased husband; and hence became worthy of the Lord Christ to come from his seed (Ruth 4). Removing and taking the sandals of the kinsman by the widow, was a symbolic act of his unworthiness to tread with his sandals on the land of the deceased, and that the widow is free to marry anyone she wishes; as is clear in the words of the Psalmist: “Over Edom I will cast My shoe” (Psalm 60:8; 108:9); namely, I will tread on his land, and possess it. Moses was commanded to remove his sandals before the burnt bush; and likewise, in the New Testament, the priest remove his shoes before entering the altar, as a proclamation that he is not the Groom, the owner of the holy place, but the servant of the bride. The only Groom is the Lord Christ, the Savior of the world. St. Ambrose says that, according to the Law, Boez, who loved Ruth, could not take her as his wife, before she removes his sandals, as he was not her husband yet. The same way, Moses, who is not the Groom, had to remove his sandals on the holy place (Exodus 3:5); so had Joshua the son of Nun (Joshua 5:16). Our Lord Christ, the true Groom, does not have to remove His sandals, whose strap, St. John the Baptist found himself not worthy to loose (John 1:27)2. Walking barefoot referred to extreme poverty; and as the captives of war were committed to do. In the prophet Isaiah it came, “The Lord spoke by Isaiah the son of Amez, saying, ‘Go, and remove the sackcloth from your body, and take your sandals off your feet.’ And he did so, walking naked and barefoot. Then the Lord said, ‘Just as My servant Isaiah walked naked and barefoot three years for a sign and a wonder against Egypt and Ethiopia, so shall the king of Assyria lead away the Egyptians as prisoners and the Ethiopians as captives, young and old, naked and barefoot, with their buttocks uncovered, to the shame of Egypt” (Isaiah 20:2-4). And when David fled from the face of his son Absalom, “he went up by the ascent of the Mount of Olives, and wept as he went up; and he has his head covered and went barefoot” (1 Samuel 15:30). 4. THE SHAMELESS WOMAN A woman has the right to defend her husband in the time of need; yet, she should do that with the spirit of decency. If she puts out her hand and seizes the genitals of the one who attacks her husband, her hand should be cut off; as that would reveal that she is completely shameless, and has lost her dignity and self-respect; lest others would follow her example, and her behavior would become an offense to girls and women “If two men fight together, and the wife of one draws near to rescue her husband from the hand of the one attacking him, and puts out her hand and seizes him by the genitals, then you shall cut off her hand, your eye shall not pity her” (Deut. 25:11, 12) The Lord Christ in His talk about the offense, was probably referring to this statute; when He said: “If your right eye causes you to sin, pluck it out and cast it from 1 Talmud, Jebam, 106, Maimon, In Jibbum 4:6-8. 2 St. Ambrose: The Christian Faith, Book 3, 10 (71). 10 you; for it is more profitable for you that one of your members perish, than for your whole body to be cast into hell. And if your right hand causes you to sin, cut it off and cast it from you; for it is more profitable for you that one of your members perish, than for your whole body to be cast into hell” (Matthew 5:29, 30). Namely, that it is fitting for the believer to be always cautious against any offense and to crucify all his carnal lusts, whatever the cost may be. 5. CHEATING IN WEIGHTS AND MEASURES As it is not fitting to cheat in weights and measures, it is likewise not fitting to be partial, and to take the side of the rich at the expense of the poor. “You shall not have in your bag different weights, a heavy and a light. You shall not have in your house different measures, a large and a small. You shall have a perfect and just weight, a perfect and just measure, that your days may be lengthened in the land which the Lord your God is giving you. For all who do such things, and all who behave un-righteously, are an abomination to the Lord your God” (Deut. 25:13-16). God has created man to deal with his brethren with the spirit of justice. Trade and dealings are opportunities, should not to be used by man to acquire things unjustly; but to practice the righteousness of Christ, and to experience faithfulness; in order to hear the Lord’s words: “Well done, good and faithful servant; you were faithful over a few things, I will make you ruler over many things” (Matthew 25:21). Slothfulness is an abomination in the sight of God, the Holy and Faithful. The principles of justice should prevail over all trade dealings (See Luke 6:38). (1) It is not only an abomination for man to cheat in weights and measures; but to have them at home, even if he does not intend to use them. He says, “You should not have,” and not “You should not use.” Man should not have at home or where he works, anything that could draw him to sin. (2) Every oppression we may do, is a practice of cheating in weights or measures; a kind of abuse of things; according to what came in the book of Amos: “Hear this, you who swallow up the needy, and make the poor of the land fail… making the ephah small and the shekel large, falsifying the balances by deceit; that (you) may buy the poor for silver, and the needy for a pair of sandals – even sell the bad wheat” (Amos 8:4-6). (3) The word ‘weights’ in Hebrew came as ‘Eben’ or ‘Waa’ aaben;’ meaning ‘stone;’ stones were used as weights. Two sets of stones were sometimes put in the trader’s bag: one heavy and the other light; to use the former when purchasing, and the later when selling (See Exodus 16:16; Leviticus19:23). (4) Cheating is a crime directed, not only against the party we are dealing with, but against the society as a whole. Every man who earns his profit through cheating and deceit, not feeling the real value of what he has, would scatter it unwisely. And on another aspect, he, against whom cheating occurs, whatever harm comes to him, is as though it comes to the whole society. Moreover, cheating will remove from man, and from those around him, the blessing of the Lord. It is fitting for every man, to behold in his shop, office, or factory, the throne of God proclaimed; and the Lord Christ present; and to behave as is fitting for a place where the Lord Himself dwells. The success of work is not in the size of the profit, as it is in the living testimony to the work of God, who grants His blessing and success to the faithful in their behavior. (5) Faithfulness in weights and measures, revealing a heart that loves justice, would make the believer enjoy the blessing of the Lord; and his days would be 11 lengthened on earth; whereas cheating, oppression, and partiality, would make him fall under curse; as God hates all kinds of deceit. The wise Solomon says: “A false balance is an abomination to the Lord, but a just weight is His delight” (Proverb 11:1); and “Diverse weights and diverse measures, they are both alike an abomination to the Lord” (Proverb 20; 10). The use of true weights and measures refers to a spirit of inner discernment; as man should not use for himself a balance different from the one he uses for others. And as Abbot Theonas says in the Conferences of St. John Cassian: [Having in our conscience a just judge who cannot be bribed; even if everyone errs, our inner purity would never be deceived. We should embrace in our diligently alert heart, a perpetual tranquility; so as to keep our discerning ability from getting lost; and to keep ourselves from being preoccupied with some kind of extreme fast; or with extreme slothfulness; by which we weigh our talents by an unsound balance. We should place the purity of our souls on one pan of the balance, and our physical strength on the other; and weigh them with a good conscience; lest we unjustly get partial toward one side at the expense of another; namely toward an unfitting firmness or extreme slothfulness… It is not without reason that the Lord rebukes those who deceive themselves with unsound measures; saying: “Those of low estate are but a breath; those of high estate are a delusion; in the balances they go up” (Psalm 62:9). And that is why the apostle advises us to have good control on our rein of discernment; and not to go to extremes in either ways (See Romans 12:3). The Grantor of the Law commands the same thing, saying: “You shall do no injustice in judgment, in measurement of length, weight, or volume” (Leviticus 19:35). It is therefore fitting for us not to have in our hearts, or in the stores of our conscience, oppressive or double balances; namely, we should not burden those to whom we preach the word of God, by extremely firm statutes, more than we can personally bear; while giving ourselves more freedom… because if we use for ourselves and our brethren different balances; we will be rebuked by the Lord, according to the words of the wise Solomon: “Diverse weights and diverse measures, they are both alike, an abomination to the Lord” (Proverbs 20:10)1.] It is not fitting for us to have two kinds of balances; namely, one kind for the priests and the other for the congregation; as we are all members in the one body of Christ; submitting to one Lord; and enjoying one life in Jesus Christ. If the priest errs, whatever his rank is, his priesthood will not spare him of falling under chastisement, which would actually be double, because of his greater knowledge, There is indeed, no privilege for the priests over the congregation2. St. Gregory of Nazianzus 6. THE DESTRUCTION OF AMALEK “Remember what Amalek did to you on the way as you were coming out of Egypt; how he met you on the way and attacked your rear ranks, all the stragglers at your rear, when you were tired and weary; and he did not fear God. Therefore it shall be, when the Lord your God has given you rest from your enemies all around, in the land which the Lord your God is giving you to possess as an inheritance, that you will blot out the remembrance of Amalek from under heaven. You shall not forget” (Deut. 25:17-19) Speaking of not cheating in the weights and measures; he gives Amalek as an 1 Cassian: Conferences 21:22. 2 In Defense of His Flight to Pontus. 12 example. The first battle for the people of God was at Rephidim against Amalek (Exodus 17). Some scholars believe that, while Pharaoh represents the devil who, for a long time, enslaved mankind; and whom they have got rid of in the water of Baptism; Amalek represents the carnal lust; namely, the works of the ancient man, that fights against the believer; but which he overcomes by the cross, until he has the ultimate conquest. The Lord says: “The Lord will have war with Amalek from generation to generation” (Exodus 17:16). Our war against the works of the ancient man, will remain, as long as we are in flesh in this world; as, according to the apostle, “the flesh lusts against the Spirit, and the Spirit against the flesh; and these are contrary to one another, so that you do not do the things that you wish” (Galatians 5:17) Having caused great evil to the people of God to destroy their faith, they should blot out their remembrance, lest their corruption and iniquities would infiltrate in the people and cause them to perish. Destroying Amalek refers to blotting out every trace of the fierce and oppressive sin on the way of our salvation. Although we should always be merciful and compassionate, yet this should be with the spirit of prudence and discernment. We should not be slothful with sin; and should not open a door before offence, for us or for others. If it is possible, let us be peaceful toward everyone, and pray for everyone; yet, if friendship leads us to wickedness, we have to be firm, with the spirit of prudence and love. Some believe that, because Amalek’s transgression was not addressed against a certain person, but against the Church, as the congregation of the Lord; God Himself stood to protect her; and as it is said: “Every tool against you will not succeed.” 13 AN INSPIRATION FROM THE BOOK OF DEUTERONOMY (Chapter 25) GRANT ME THE SPIRIT OF COMPASSIONATE JUSTICE Your Law is very firm, just, and particular. You seek the punishment of transgressors, not to torture but to chasten them. You care for the transgressor, that even while chastening him, he may repent. And in case he loses his temporal life, You seek his eternity. Caring even for the ox; not to be muzzled while treading out the grain; To let it feed, as long as he works. As it is for my sake that the ox is working; How can I deprive it of feeding on the grain it is treading out? Grant me to work on account of Your kingdom. Let me search for every lost sheep. To let You rejoice over him. And be fulfilled with the salvation of my brethren As for me, You will never let me go hungry! And will never muzzle my mouth to feed on the carnal bread. Nor my heart to feed on the food of angels. You gave us the statute of raising descendants for the deceased. As everyone was hoping that the Messiah would eventually come from his own seed. You did not wish a widow to grieve because she is childless. You gave the woman the right to defend her husband; Yet with the spirit of decency and self-respect. Your Law commits us to be honest concerning measures and weights. And not to have in our bag different weights, heavy and light. To carry Your impartial example.
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