Immodesty, Dishonesty, and Perversity

11 “When men fight with one another and the wife of the one draws near to rescue her husband from the hand of him who is beating him and puts out her hand and seizes him by the private parts, 12 then you shall cut off her hand. Your eye shall have no pity.

13 “You shall not have in your bag two kinds of weights, a large and a small. 14 You shall not have in your house two kinds of measures, a large and a small. 15 A full and fair weight you shall have, a full and fair measure you shall have, that your days may be long in the land that the Lord your God is giving you. 16 For all who do such things, all who act dishonestly, are an abomination to the Lord your God.

17 “Remember what Amalek did to you on the way as you came out of Egypt, 18 how he attacked you on the way when you were faint and weary, and cut off your tail, those who were lagging behind you, and he did not fear God. 19 Therefore when the Lord your God has given you rest from all your enemies around you, in the land that the Lord your God is giving you for an inheritance to possess, you shall blot out the memory of Amalek from under heaven; you shall not forget.– Deuteronomy 25:11-19 ESV

As has been the case throughout this section of Deuteronomy, verses 11-19 of chapter 25 contain additional regulations that appear to have no rhyme or reason to them. Not only do they seem to lack any common thread of logic, at least one of them deals with what would appear to be a highly unlikely scenario and a heavy-handed form of punishment (excuse the pun).

Moses brings up the case of a dispute between two men. In Hebrew, the phrase describes “a man and his brother.” So, it is unclear as to whether this involves two sons of the same mother or two Israelites. But in either case, the scenario Moses paints involves a conflict between two men that has resulted in the throwing of punches. In other words, the dispute has gone from verbal to physical. Now, this would not have been a rare occurrence in Israel. Men will be men, and anger has a way of getting out of hand. But Moses introduces another actor to the drama whose actions complicate the scene and require the divine regulation that follows. The point of the passage is not the bare-knuckles brawl between the two men, but the indelicate behavior of one of their wives. Moses describes her involvement this way: “the wife of the one draws near to rescue her husband from the hand of him who is beating him and puts out her hand and seizes him by the private parts” (Deuteronomy 25:11 ESV).

Now, it doesn’t take a lot of imagination to figure out what is going on here. And many of the modern translations of the Scriptures provide much more specific wording to get the point across: “genitals” (NASB, NRSV, TEV); “sex organs” (NCV); “testicles” (NLT). Suffice it to say, the woman’s efforts to aid her husband involve what would have to be considered as immodest and indecent behavior. While we might want to say that the heat of the moment provides ample justification for her actions, Moses obviously disagrees. He provides no excuse for the woman’s behavior, demanding instead that her hand be cut off as punishment for her actions.

It would appear that the fight involves a non-life-threatening confrontation. One man is beating another. There are no swords drawn. Death is not imminent or even intended. But the woman, in an attempt to come to the aid of her husband, commits an act of indecency that could actually result in permanent physical harm to her husband’s adversary. By grabbing the man’s genitals, she would likely incapacitate him, giving her husband the upper hand in the fight, but she also risks doing irreparable damage to the man’s reproductive capacities. And this seems to be the point of the passage and the reason behind the severe punishment demanded by Moses.

Her response would not only be considered indecent and improper, but it would also be deemed an excessive form of retribution. It is interesting to consider the lex talionis or laws concerning retaliation.  They are found throughout the Pentateuch:

…if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe. – Exodus 21:23-25 ESV

If anyone injures his neighbor, as he has done it shall be done to him, fracture for fracture, eye for eye, tooth for tooth; whatever injury he has given a person shall be given to him. – Leviticus 24:19-20 ESV

Your eye shall not pity. It shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. – Deuteronomy 19:21 ESV

It would appear that Moses is citing a case where the woman’s actions did not result in permanent damage to the man’s genitals. If it had, according to the lex talionis, the law of retribution, her husband would have to suffer a similar fate. But since the wife was the one guilty of committing the crime, she would be the one to suffer the punishment. And, in this case, Moses prescribes the punishment as the cutting off of her hand. There is no tit-for-tat retribution involved. Which seems to suggest that her actions had no long-term or permanent impact. But she would suffer the consequences of her actions nonetheless. She had intended to do harm and her actions could have had serious repurcusions that left a man incapable of having children. This was a serious crime in God’s eyes, and it came with serious consequences.

And, as he seems prone to do, Moses suddenly shifts his attention to less dramatic matters, focusing his attention on dishonesty. He mentions the use of different measures. This is a reference to the scales used in buying and selling. Since Israel was predominantly an agrarian society, when produce was sold, it was placed on one side of the scale and the form of payment was placed on the other. A bag of wheat equaled a certain amount of coin. So, if you had two different forms of measurement, it essentially meant you had false scales and an intent to cheat the one with whom you were conducting business. The prophet, Micah, records the words of God concerning those who would do such a thing.

Shall I acquit the man with wicked scales
    and with a bag of deceitful weights? – Micah 6:8 ESV

And the book of Proverbs provides further insight into God’s perspective on dishonesty in business.

The LORD detests the use of dishonest scales, but he delights in accurate weights.
 – Proverbs 11:1 NLT

And God had provided the Israelites with His laws concerning the matter.

“Do not use dishonest standards when measuring length, weight, or volume. Your scales and weights must be accurate. Your containers for measuring dry materials or liquids must be accurate. I am the LORD your God who brought you out of the land of Egypt.” – Leviticus 19:35-36 NLT

Accuracy and honesty are important to God. He is a just and righteous God who expects His people to treat one another with love and respect. To cheat someone is nothing less than an outward display of hate for them. It is to rob them of what they are rightfully due. And, in cheating someone, you are setting yourself up as god, establishing your own rules and establishing your will as greater than God’s. But Moses makes it painfully clear that “all who do such things, all who act dishonestly, are an abomination to the Lord your God” (Deuteronomy 25:16 ESV).

Finally, Moses brings up God’s commands concerning Israel’s relationship with the Amalakites. In the book of Exodus, there is a story describing Israel’s first encounter with these people. They appeared on the scene at a place called Rephidim, launching an unprovoked attack on the Israelites. While Joshua did battle with the Amalakites, Moses stood on a nearby hill, holding up the staff of God as a symbol of God’s presence and power. As long as he held the staff aloft, the Israelites prevailed. But as the battle raged on, his arms grew weary and Aaron and Hur were required to assist him in keeping the staff aloft. Eventually, the forces of Israel prevailed and God made a pronouncement concerning the Amalakites.

“Write this as a memorial in a book and recite it in the ears of Joshua, that I will utterly blot out the memory of Amalek from under heaven.” And Moses built an altar and called the name of it, The Lord Is My Banner, saying, “A hand upon the throne of the Lord! The Lord will have war with Amalek from generation to generation.” – Exodus 17:14-16 ESV

Now, Moses is reminding the Israelites that they were to fulfill God’s will concerning the Amalakites. There were to be no compromises or concessions made. God had decreed that the Amalakites were to be blotted out and He fully expected His people to carry out His wishes.

Hundreds of years later, when Saul had been appointed the first king of Israel, God reiterated His will that the Amalakites be wiped out.

“Thus says the Lord of hosts, ‘I have noted what Amalek did to Israel in opposing them on the way when they came up out of Egypt. Now go and strike Amalek and devote to destruction all that they have. Do not spare them, but kill both man and woman, child and infant, ox and sheep, camel and donkey.’” – 1 Samuel 15:2-3 ESV

But Saul failed to obey God’s command.

But Saul and the people spared Agag and the best of the sheep and of the oxen and of the fattened calves and the lambs, and all that was good, and would not utterly destroy them. All that was despised and worthless they devoted to destruction. – 1 Samuel 15:9 ESV

And as a result of Saul’s disobedience, God rejected him as king. This man had chosen to partially obey, making compromises and concessions that were unacceptable to God. And Samuel, the prophet of God, delivered the following indictment against Saul.

“Has the Lord as great delight in burnt offerings and sacrifices,
    as in obeying the voice of the Lord?
Behold, to obey is better than sacrifice,
    and to listen than the fat of rams.
For rebellion is as the sin of divination,
    and presumption is as iniquity and idolatry.
Because you have rejected the word of the Lord,
    he has also rejected you from being king.” – 1 Samuel 15:22-23 ESV

Saul had chosen to act perversely. According to dictionary.com, someone who acts perversly is “willfully determined or disposed to go counter to what is expected or desired.” He did not do what God had told him to do. But God considers obedience far better than sacrifice. As Jesus told His disciples, “If you love me, you will keep my commandments” (John 14:15 ESV).

English Standard Version (ESV) The Holy Bible, English Standard Version. ESV® Permanent Text Edition® (2016). Copyright © 2001 by Crossway Bibles, a publishing ministry of Good News Publishers.

New Living Translation (NLT) Holy Bible, New Living Translation, copyright © 1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.

The Message (MSG) Copyright © 1993, 1994, 1995, 1996, 2000, 2001, 2002 by Eugene H. Peterson

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Protections For Man and Beast

1 “If there is a dispute between men and they come into court and the judges decide between them, acquitting the innocent and condemning the guilty, then if the guilty man deserves to be beaten, the judge shall cause him to lie down and be beaten in his presence with a number of stripes in proportion to his offense. Forty stripes may be given him, but not more, lest, if one should go on to beat him with more stripes than these, your brother be degraded in your sight.

“You shall not muzzle an ox when it is treading out the grain.

“If brothers dwell together, and one of them dies and has no son, the wife of the dead man shall not be married outside the family to a stranger. Her husband’s brother shall go in to her and take her as his wife and perform the duty of a husband’s brother to her. And the first son whom she bears shall succeed to the name of his dead brother, that his name may not be blotted out of Israel. And if the man does not wish to take his brother’s wife, then his brother’s wife shall go up to the gate to the elders and say, ‘My husband’s brother refuses to perpetuate his brother’s name in Israel; he will not perform the duty of a husband’s brother to me.’ Then the elders of his city shall call him and speak to him, and if he persists, saying, ‘I do not wish to take her,’ then his brother’s wife shall go up to him in the presence of the elders and pull his sandal off his foot and spit in his face. And she shall answer and say, ‘So shall it be done to the man who does not build up his brother’s house.’ 10 And the name of his house shall be called in Israel, ‘The house of him who had his sandal pulled off.’– Deuteronomy 25:1-10 ESV

It would be difficult to ignore the extreme specificity of many of these laws. Moses brings up a wide range of scenarios that deal with some of the most peculiar and particular situations imaginable. In these ten verses alone, he shifts from talking about just punishment for the guilty to the proper treatment of domesticated animals.  Then, seemingly out of nowhere, he brings up the law concerning levirate marriage.

While these three topics appear to have no common link to bind them together, they each fall under the overarching topic of justice. God demanded that His people live together in a society marked by justice and righteousness. It was essential that they treat one another well, exhibiting respect and reverence for every one of God’s chosen people, regardless of their social status or financial condition. God even placed a high regard on the ethical treatment of animals, expecting His people to care for them as exactly what they were: Blessings or gifts from His gracious hand.

In the case of a dispute between two individuals, they were instructed to go before the appointed judges and present their evidence. The judges were charged with acquiting the innocent and condemning the guilty. In prosecuting the case, if it was determined that the guilty party’s crime required a public beating as punishment, there were to be limits placed on the number of stripes delivered. The punishment must fit the crime. There was to be no abuse of the guilty through excessive discipline. In fact, Moses indicated that no more than 40 stripes or lashes were to be allowed. Obviously, this is dealing with crimes undeserving of capital punishment. But the guilty were to be justly tried, convicted, and disciplined for their crimes. But it was important that criminals not be degraded through excessive and unnecessary punishment. Even while meting out justice, the judges of Israel were expected to treat the guilty with dignity and respect.

At this point, Moses makes another one of his seemingly awkward transitions as he shifts his focus from dealing with criminals to the proper care of farm animals. Oxen played a vital role in the agrarian culture of the Israelites. In this case, they were used to tread the grain in order to separate the wheat from the husk. The basic idea was that, if the ox was forced to tread the grain, it should also be allowed to graze at it labored. Even animals should be treated fairly.

The apostle Paul would use this very law as an argument for the financial support of those who were called by God as ministers of the gospel.

For it is written in the Law of Moses, “You shall not muzzle an ox when it treads out the grain.” Is it for oxen that God is concerned? Does he not certainly speak for our sake? It was written for our sake, because the plowman should plow in hope and the thresher thresh in hope of sharing in the crop. If we have sown spiritual things among you, is it too much if we reap material things from you? If others share this rightful claim on you, do not we even more? – 1 Corinthians 9:9-12 ESV

He would bring this topic up again in his first letter to Timothy.

Let the elders who rule well be considered worthy of double honor, especially those who labor in preaching and teaching. For the Scripture says, “You shall not muzzle an ox when it treads out the grain,” and, “The laborer deserves his wages.” – 1 Timothy 5:17-18 ESV

According to Paul, the underlying principle behind this law had to do with fairness. A criminal was to be treated with dignity and respect, and so was a common farm animal. There was no place for abuse or mistreatment of man or beast.

In the third scenario, Moses brings up the case of a woman whose husband dies unexpectedly. This law deals with what has become known as the levirate marriage. This term comes from the Latin word levir, which refers to a husband’s brother. If a man died without having an heir, his widow could appeal to one of his unmarried brothers, requesting that he marry her. The purpose behind this union was to preserve the  deceased man’s legacy through the birth of a son who would bear his name.

It seems clear from the text that this regulation concerned two brothers who shared the same home. And since the Mosaic law prohibited polygamy, it would seem obvious that the brother of the deceased would have to be unmarried to fulfill his commitment to the widow. But if the man was unwilling to marry his dead brother’s wife, there was a process she was to follow. She was to take the matter before the elders of the city, who were then required to approach the reluctant brother and give him a second opportunity to do what was right and just. Should he persist with his refusal to marry her, the woman was required to  “go up to him in the presence of the elders and pull his sandal off his foot and spit in his face” (Deuteronomy 25:9 ESV). And this physical display of humiliation was to be accompanied by a verbal curse: “So shall it be done to the man who does not build up his brother’s house” (Deuteronomy 25:9 ESV).

From that point forward, the brother would be forced to carry the reputation of one who refused to do the right thing. He had shown justice to his widowed sister-in-law. And this was a serious issue in the culture of that day, because a widowed woman was considered damaged goods. She would have a difficult time finding a husband and, in most cases, would end up living in poverty. So, for this brother to shirk his responsibility to perpetuate his brother’s name was a serious issue that could have dire consequences for the widow.

As with the other scenarios covered in this section, this is all about justice. God was extremely concerned about how His people treated one another. They were not free to do as they wished. Yes, the brother could refuse to marry his widowed sister-in-law, but not without consequences. A man could refuse to allow his ox to eat from the grain it was threshing, but this would be considered inhumane and limit the effectiveness of the animal.  A guilty man could be given more punishment than he deserved, but it would be unjust and, ultimately, non-productive.

God had His ways of doing things and He expected His people to abide by His will. If they did, it would go well with them. If they refused, they would have to reap the results of their stubbornness. Ultimately, all their behavior, whether good or bad, reflected back on God because they were His chosen people. They represented Him on earth and all that they did was intended to reflect His glory. Which is why Moses spent so much time addressing these highly specific situations that dealt with every area of daily life. Nothing is unimportant to God.

English Standard Version (ESV) The Holy Bible, English Standard Version. ESV® Permanent Text Edition® (2016). Copyright © 2001 by Crossway Bibles, a publishing ministry of Good News Publishers.

New Living Translation (NLT) Holy Bible, New Living Translation, copyright © 1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.

The Message (MSG) Copyright © 1993, 1994, 1995, 1996, 2000, 2001, 2002 by Eugene H. Peterson