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In the Gates

Harsh, but Fair

The Fifth Commandment: Statutes and Precepts (9)

Deuteronomy 25.1-3

1“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 will cause him to lie down and be beaten in his presence, according to his guilt, with a certain number of blows. Forty blows he may give him and no more, lest he should exceed this and beat him with many blows above these, and your brother be humiliated in your sight.”

It’s not clear for what cause a transgressor might deserve to beaten. If we keep in mind the “eye for an eye” character of Old Testament justice, beatings may have been inflicted on those who did bodily harm to another. The beating may have been a substitute, for example, for putting out someone’s eye or breaking one of his bones.

This retributive form of justice was harsh, but necessary, at least, for this period of Israel’s history. Note, however, that the punishment must be carefully measured. Justice was meant to restore order and social harmony, not to humiliate offenders or to leave them permanently degraded or disabled in the eyes of their neighbors. Once the judgment was made and the penalty inflicted, the community would consider that justice had been done, and people could then get on with their lives. How unlike this system is our own, which creates an enduring stigma for those sentenced to time in jail or prison.

T. M. Moore

The Law of God is the soil which, fertilized by the rest of God’s Word and watered by His Spirit, brings forth the fruit of Christian life. If you’d like to understand this process better, and how to make best use of the Law in your walk with and work for the Lord, order the book, The Ground for Christian Ethics, from our online store.

Except as indicated, Scripture taken from the New King James Version. © Copyright 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved.

T.M. Moore

T. M. Moore is principal of The Fellowship of Ailbe, a spiritual fellowship in the Celtic Christian tradition. He and his wife, Susie, make their home in the Champlain Valley of Vermont.
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