Deuteronomy 25 - Introduction

Deuteronomy 25:1-3. Against Excessive Punishment by Beating. When after a regular trial one of the two parties to a case is formally declared guilty, then, if he deserves beating, the judge shall have this administered in his presence, the strokes shall be numbered according to the gravity of the crime, and shall in no case exceed forty, lest … thy brother be dishonoured in thy sight. Deuteronomy 25:1 is the protasis, the apodosis begins with Deuteronomy 25:2 (or possibly not till Deuteronomy 25:3; cp. the similar construction in other legal cases, Deuteronomy 22:13 ff., Deuteronomy 24:1 ff.). The text of Deuteronomy 25:2 is not certain; see the various LXX readings. Peculiar to D, and another of its many laws in which the direct address appears only at the close. The want of a subject to judge, justifyand condemnin Deuteronomy 25:1 suggests that at least the first part is an extract from some earlier law on the procedure of judges. The protection against excessive beating is fourfold. It shall take place (1) only after trial and sentence, (2) in presence of the judge, (3) the strokes shall be by number, and the number in proportion to the crime and (4) shall not exceed forty. The need for insisting on a full trial is seen from Jer. 20:22; Jeremiah 37:15, cp. Acts 16:22 f., Acts 16:37; as these show, beating or scourging was apt to be given (even by the Romans) on arrest. The instrument usually mentioned in the O.T. was a rod, and the part beaten was the back (Exodus 21:20; Proverbs 10:13; Proverbs 19:20; Proverbs 26:3; Isaiah 50:6). There is no need to infer from the laying down of the criminal in this case that the bastinado is meant.