Deuteronomy 22: Summary and Commentary

Verse 1

22:1 don’t ignore your responsibility: An individual was not to avoid a troubled scene by pretending not to see what was going on. To do so would be a failure of the individual’s responsibility to the covenant community.

Verse 5

22:5 Adopting the dress and behavior of the opposite gender unnaturally blurs the lines between things that should be kept separate and distinct (also 22:9-11).

Verse 9

22:9 any other crop between the rows: This would bring about a mingling of things that should be kept separate.

Verse 10

22:10 Plowing with an ox and a donkey would be inefficient; this example illustrates the principle of separation and order (see also 2 Cor 6:14-18).

Verse 11

22:11 Keeping wool and linen separate illustrated Israel’s separation as God’s holy people (see also Lev 19:19).

Verse 12

22:12 Placing four tassels on the hem of a garment probably reminded the wearer to be loyal to the covenant, similar to tying a string around one’s finger (see Num 15:37-41).

Verse 14

22:14 A husband who discovered evidence that his wife had lost her virginity prior to marriage (see 22:15) would accuse her of shameful conduct.

Verse 15

22:15 proof of her virginity: A blood-stained cloth would indicate that the woman’s hymen was ruptured by her first act of intercourse with her husband.

Verse 17

22:17 The bed sheet (literally covering) might also have been a garment of some kind, such as a nightgown.

Verse 19

22:19 100 pieces of silver: The husband, who had already paid the woman’s father the normal bride price, must now pay additional compensation for defaming her character.

Verse 21

22:21 by being promiscuous (literally acting as a prostitute): A single act of sexual intercourse by an unmarried woman was enough to earn this disgraceful label and the death penalty.

Verse 24

22:24 Because betrothal was tantamount to marriage in the Old Testament, another man’s wife in this passage technically refers to a fiancée.

Verse 29

22:29 fifty pieces of silver: The father could still expect a dowry for his unmarried daughter (see Gen 34:12; Exod 22:16). • he must marry: The assumption is that the girl and her father were willing to undertake the arrangement (see Exod 22:17).

Verse 30

22:30 The phrase his father’s former wife does not refer to a man’s own mother because incest was a more serious crime (see Lev 18:7-8, 29).

Verse 1

The kindness that was commanded to be shown in reference to an enemy (Exo 23:4, etc.) is here required to be much more done for a neighbour, though he were not an Israelite, for the law is consonant to natural equity. 1. That strayed cattle should be brought back, either to the owner or to the pasture out of which they had gone astray, Deu 22:1, Deu 22:2. This must be done in pity to the very cattle, which, while they wandered, were exposed; and in civility and respect to the owner, nay, and in justice to him, for it was doing as we would be done by, which is one of the fundamental laws of equity. Note, Religion teaches us to be neighbourly, and to be ready to do all good offices, as we have opportunity, to all men. In doing this, (1.) They must not mind trouble, but, if they knew who the owner was, must take it back themselves; for, if they should only send notice to the owner to come and look after it himself, some mischief might befal it ere he could reach it. (2.) They must not mind expense, but, if they knew not who the owner was, must take it home and feed it till the owner was found. If such care must be taken of a neighbour's ox or ass going astray, much more of himself going astray from God and his duty; we should do our utmost to convert him (Jam 5:19), and restore him, considering ourselves, Gal 6:1. 2. That lost goods should be brought to the owner, Deu 22:3. The Jews say, "He that found the lost goods was to give public notice of them by the common crier three or four times," according to the usage with us; if the owner could not be found, he that found the goods might convert them to his own use; but (say some learned writers in this case) he would do very well to give the value of the goods to the poor. 3. That cattle in distress should be helped, Deu 22:4. This must be done both in compassion to the brute-creatures (for a merciful man regardeth the life of a beast, though it be not his own) and in love and friendship to our neighbour, not knowing how soon we may have occasion for his help. If one member may say to another, "I have at present no need of thee," it cannot say, "I never shall."

Verse 5

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, Deu 22:5. Nature itself teaches that a difference be made between them in their hair (Co1 11:14), 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, Ti1 2:11, Ti1 2:12. 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, Deu 22:6, Deu 22:7. 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? Co1 9:9. Yes, certainly; and perhaps to this law our Saviour alludes. Luk 12:6, 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 65:8. 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 10:14), and that the women with child were ripped open, Amo 1:13. 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, Deu 22:8. 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, Deu 22:9, Deu 22:10. Much of this we met with before, Lev 19:19. 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 15:38, Num 15:39), is here repeated, Deu 22:12. 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, Deu 22:11.

Verse 13

These laws relate to the seventh commandment, laying a restraint by laying a penalty upon those fleshly lusts which war against the soul.

I. If a man, lusting after another woman, to get rid of his wife slander her and falsely accuse her, as not having the virginity she pretended to when he married her, upon the disproof of his slander he must be punished, Deu 22:13-19. What the meaning of that evidence is by which the husband's accusation was to be proved false the learned are not agreed, nor is it at all necessary to enquire - those for whom this law was intended, no doubt, understood it: it is sufficient for us to know that this wicked husband, who had thus endeavoured to ruin the reputation of his own wife, was to be scourged, and fined, and bound out from ever divorcing the wife he had thus abused, Deu 22:18, Deu 22:19. Upon his dislike of her he might have divorced her if he had pleased, by the permission of the law (Deu 24:1), but then he must have given her her dowry: if therefore to save that, and to do her the greater mischief, he would thus destroy her good name, it was fit that he should be severely punished for it, and for ever after forfeit the permission to divorce her. Observe, 1. The nearer any are in relation to us the greater sin it is to belie them and blemish their reputation. It is spoken of as a crime of the highest nature to slander thy own mother's son (Psa 50:20), who is next to thyself, much more to slander thy own wife, or thy own husband, that is thyself: it is an ill bird indeed that defiles its own nest. 2. Chastity is honour as well as virtue, and that which gives occasion for the suspicion of it is as great a reproach and disgrace as any whatsoever: in this matter therefore, above any thing, we should be highly tender both of our own good name and that of others. 3. Parents must look upon themselves as concerned to vindicate the reputation of their children, for it is a branch of their own.

II. If the woman that was married as a virgin was not found to be one she was to be stoned to death at her father's door, Deu 22:20, Deu 22:21. If the uncleanness had been committed before she was betrothed it would not have been punished as a capital crime; but she must die for the abuse she put upon him whom she married, being conscious to herself of being defiled, while she made him believe her to be a chaste and modest woman. But some think that her uncleanness was punished with death only in case it was committed after she was betrothed, supposing there were few come to maturity but what were betrothed, though not yet married. Now, 1. This gave a powerful caution to young women to flee fornication, since, however concealed before, so as not to mar their marriage, it would very likely be discovered afterwards, to their perpetual infamy and utter ruin. 2. It is intimated to parents that they must by all means possible preserve their children's chastity, by giving them good advice and admonition, setting them good examples, keeping them from bad company, praying for them, and laying them under needful restraints, because, if the children committed lewdness, the parents must have the grief and shame of the execution at their own door. That phrase of folly wrought in Israel was used concerning this very crime in the case of Dinah, Gen 34:7. All sin is folly, uncleanness especially; but, above all, uncleanness in Israel, by profession a holy people.

III. If any man, single or married, lay with a married woman, they were both to be put to death, Deu 22:22. This law we had before, Lev 20:10. For a married man to lie with a single woman was not a crime of so high a nature, nor was it punished with death, because not introducing a spurious brood into families under the character of legitimate children.

IV. If a damsel were betrothed and not married, she was from under the eye of her intended husband, and therefore she and her chastity were taken under the special protection of the law. 1. If her chastity were violated by her own consent, she was to be put to death, and her adulterer with her, Deu 22:23, Deu 22:24. And it shall be presumed that she consented if it were done in the city, or in any place where, had she cried out, help might speedily have come in to prevent the injury offered her. Qui tacet, consentire videtur - Silence implies consent. Note, It may be presumed that those willingly yield to a temptation (whatever they pretend) who will not use the means and helps they might be furnished with to avoid and overcome it. Nay, her being found in the city, a place of company and diversion, when she should have kept under the protection of her father's house, was an evidence against her that she had not that dread of the sin and the danger of it which became a modest woman. Note, Those that needlessly expose themselves to temptation justly suffer for the same, if, ere they are aware, they be surprised and caught by it. Dinah lost her honour to gratify her curiosity with a sight of the daughters of the land. By this law the Virgin Mary was in danger of being made a public example, that is, of being stoned to death, but that God, by an angel, cleared the matter to Joseph. 2. If she were forced, and never consented, he that committed the rape was to be put to death, but the damsel was to be acquitted, Deu 22:24-27. Now if it were done in the field, out of the hearing of neighbours, it shall be presumed that she cried out, but there was none to save her; and, besides, her going into the field, a place of solitude, did not so much expose her. Now by this law it is intimated to us, (1.) That we shall suffer only for the wickedness we do, not for that which is done to us. That is no sin which has not more or less of the will in it. (2.) That we must presume the best concerning all persons, unless the contrary do appear; not only charity, but equity teaches us to do so. Though none heard her cry, yet, because none could hear it if she did, it shall be taken for granted that she did. This rule we should go by in judging of persons and actions: believe all things, and hope all things. (3.) That our chastity should be as dear to us as our life when that is assaulted, it is not at all improper to cry murder, murder, for, as when a man riseth against his neighbour and slayeth him, even so is this matter. (4.) By way of allusion to this, see what we are to do when Satan sets upon us with his temptations: wherever we are, let us cry aloud to heaven for help (Succurre, Domine, vim patior - Help me, O Lord, for I suffer violence), and there we may be sure to be heard, and answered, as Paul was, My grace is sufficient for thee.

V. If a damsel not betrothed were thus abused by violence, he that abused her should be fined, the father should have the fine, and, if he and the damsel did consent, he should be bound to marry her, and never to divorce her, how much soever she was below him, and how unpleasing soever she might afterwards be to him, as Tamar was to Amnon after he had forced her, Deu 22:28, Deu 22:29. This was to deter men from such vicious practices, which it is a shame that we are necessitated to read and write of.

VI. The law against a man's marrying his father's widow, or having any undue familiarity with his father's wife, is here repeated (Deu 22:30) from Lev 18:8. And, probably, it is intended (as bishop Patrick notes) for a short memorandum to them carefully to observe all the laws there made against incestuous marriages, that being specified which is the most detestable of all; it is that of which the apostle says, It is not so much as named among the Gentiles, Co1 5:1.

Verse 5

THE SEX TO BE DISTINGUISHED BY APPAREL. (Deu 22:5-12)

The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment—Though disguises were assumed at certain times in heathen temples, it is probable that a reference was made to unbecoming levities practised in common life. They were properly forbidden; for the adoption of the habiliments of the one sex by the other is an outrage on decency, obliterates the distinctions of nature by fostering softness and effeminacy in the man, impudence and boldness in the woman as well as levity and hypocrisy in both; and, in short, it opens the door to an influx of so many evils that all who wear the dress of another sex are pronounced "an abomination unto the Lord."

Verse 6

If a bird's nest chance to be before thee—This is a beautiful instance of the humanizing spirit of the Mosaic law, in checking a tendency to wanton destructiveness and encouraging a spirit of kind and compassionate tenderness to the tiniest creatures. But there was wisdom as well as humanity in the precept; for, as birds are well known to serve important uses in the economy of nature, the extirpation of a species, whether of edible or ravenous birds, must in any country be productive of serious evils. But Palestine, in particular, was situated in a climate which produced poisonous snakes and scorpions; and the deserts and mountains would have been overrun with them as well as immense swarms of flies, locusts, mice, and vermin of various kinds if the birds which fed upon them were extirpated [MICHAELIS]. Accordingly, the counsel given in this passage was wise as well as humane, to leave the hen undisturbed for the propagation of the species, while the taking of the brood occasionally was permitted as a check to too rapid an increase.

Verse 8

thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence—The tops of houses in ancient Judea, as in the East still, were flat, being composed of branches or twigs laid across large beams, and covered with a cement of clay or strong plaster. They were surrounded by a parapet breast high. In summer the roof is a favorite resort for coolness, and accidents would frequently happen from persons incautiously approaching the edge and falling into the street or court; hence it was a wise and prudent precaution in the Jewish legislator to provide that a stone balustrade or timber railing round the roof should form an essential part of every new house.

Verse 9

Thou shalt not sow thy vineyard with divers seeds—(See on Lev 19:19).

Verse 10

Thou shalt not plough with an ox and an ass together—Whether this association, like the mixture of seeds, had been dictated by superstitious motives and the prohibition was symbolical, designed to teach a moral lesson (Co2 6:14), may or may not have been the case. But the prohibition prevented a great inhumanity still occasionally practised by the poorer sort in Oriental countries. An ox and ass, being of different species and of very different characters, cannot associate comfortably, nor unite cheerfully in drawing a plough or a wagon. The ass being much smaller and his step shorter, there would be an unequal and irregular draft. Besides, the ass, from feeding on coarse and poisonous weeds, has a fetid breath, which its yoke fellow seeks to avoid, not only as poisonous and offensive, but producing leanness, or, if long continued, death; and hence, it has been observed always to hold away its head from the ass and to pull only with one shoulder.

Verse 11

thou shalt not wear a garment of divers sorts—The essence of the crime (Zep 1:8) consisted, not in wearing a woollen and a linen robe, but in the two stuffs being woven together, according to a favorite superstition of ancient idolaters (see on Lev 19:19).

Verse 12

thou shalt make thee fringes upon the four quarters—or, according to some eminent biblical interpreters, tassels on the coverlet of the bed. The precept is not the same as Num 15:38.

Verse 13

If a man take a wife, &c.—The regulations that follow might be imperatively needful in the then situation of the Israelites; and yet, it is not necessary that we should curiously and impertinently inquire into them. So far was it from being unworthy of God to leave such things upon record, that the enactments must heighten our admiration of His wisdom and goodness in the management of a people so perverse and so given to irregular passions. Nor is it a better argument that the Scriptures were not written by inspiration of God to object that this passage, and others of a like nature, tend to corrupt the imagination and will be abused by evil-disposed readers, than it is to say that the sun was not created by God, because its light may be abused by wicked men as an assistant in committing crimes which they have meditated [HORNE].

Next: Deuteronomy Chapter 23