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25:3 He may beat him with forty lashes This law addresses the judicial procedure for flogging a criminal guilty of an offense that calls for such punishment (e.g., see Deut 22:18).

he shall not do more Punishment in excess of 40 lashes might result in incredibly degrading circumstances—such as a person losing control of their bowels; they could even die from such a punishment.

25:4 when he is threshing It was normal for animals threshing grain—pulling a threshing sledge over the stalks—to eat some of the crop. This law appears to stem from a humanitarian motivation (see Exod 23:19; Deut 14:21; 22:6; Prov 12:10).

25:5–10 This passage describes the obligations and purposes of a practice called levirate marriage. Genesis 38 and other ancient Near Eastern parallels make clear that the custom predated Mosaic law. The law had several purposes: to retain property within the family, to provide a widow with sons to provide for her material needs, and to ensure that the name of the deceased would not be forgotten (see Deut 25:5–6). Though refusal was not socially courteous, vv. 7–10 presents the procedure by which to pass the obligation to other relatives.

If the obligated man was already married, this did not constitute an obstacle to performing the duty. A sexual relationship with another woman to fulfill this obligation was not considered adultery. The ot clearly defines adultery as a married man having sexual relations with another married (or betrothed) woman (Lev 20:10). The law allowed a married man to have sexual relations with another unmarried (or unbetrothed) woman (i.e., having more than one wife). Indeed, certain statements and ot laws presuppose more than one wife (e.g., Deut 21:15). This distinction was very important. Since ancient Near Eastern culture considered wives the property of husbands, the taking of another man’s wife (or betrothed) was not only theft, it also represented an attempt to lay claim to the property of the offended husband and his children. Examples of the levirate procedure in the ot include Gen 38 and Ruth 4.

Levirate Marriage Deuteronomy (JPS)

25:5 brothers dwell together Either in the same camp, tent, or geographical vicinity.

shall have sex with her Have sexual intercourse with her (e.g., Gen 16:2; 19:34; 29:21; 30:3). Here, the husband is dead. Since Lev 18:16; 20:21 do not specify this situation for condemnation, there is no necessary contradiction.

he shall perform his duty as a brother-in-law This custom is known today as “the law of the levir” (from levir, Latin for “a husband’s brother”).

25:6 shall represent his dead brother That son would inherit the property of the deceased husband as if he were a direct descendant.

25:7 does not want to take The reasons for such a refusal, though unspecified, could include marital tension with existing wives or the economic burden of having additional children.

to the gate The city gate functioned as a civic center. See note on Deut 17:5.

25:9 she shall pull off his sandal from his foot While the biblical text provides no explanation for this gesture, it is well known from other literatures in the eastern Mediterranean. Both this act and the spitting that follows—both performed by the woman—humiliate the kinsman who refused the marital obligation (vv. 9–10).

does not build the house of his brother Or, ensure there were children to carry on his name and preserve his property.

25:11–16 This passage contains another list of miscellaneous laws. These laws also relate to the general theme of fairness and justice, continuing the section from 24:4–25:4.

25:12 you shall cut off her hand The severity of the punishment makes more sense in the context of the law of levirate marriage (vv. 5–10). In the ancient Near East, a person’s name (memory) was understood to be erased without heirs. Thus, the act of grabbing the genitals functioned like a death sentence since the man might then be unable to have children. In ancient Israelite thought, his name would then cease to exist. This punishment is an example of lex talionis: punishment must be meted out in exact equivalence to the crime (see Lev 24:17–22).

25:13–16 The laws of Deut 25:13–16 concern righteous practices for using weights and measures. A lack thereof was the equivalent of defrauding someone.

25:16 detestable to Yahweh your God The same word (and estimation) occurs in 18:12; 22:5.

25:17–19 These verses offer a historical retrospective, looking back on how the Amalekites mistreated Israel. For their past behavior toward Israel, this passage commands the Israelites to eventually destroy the Amalekites completely. Compare note on Josh 6:16; note on Josh 6:17.

25:17 what Amalek did to you The Amalekites lived in the Negev, the desert area south of Israel. Moses and Israel encountered and defeated them in battle on their way to Sinai (Exod 17:8–16). They are portrayed elsewhere as being bent on the annihilation of Israel (Psa 83:4–9).

The story of Esther appears to connect to the Amalekite problem. The villain who seeks the annihilation of the Jews in the story is Haman the Agagite (Esth 8:3–4). The name connects Haman to Agag, who was an Amalekite (1 Sam 15:8–33). See note on Esth 3:1.

25:19 from under the heavens According to the book of Esther, Haman and all his sons are hanged (Esth 7:10; 9:10, 12–15). If there is a genealogical connection between Haman and Amalek, the hanging appears to be the fulfillment of this duty. Compare Deut 25:17; note on Esth 3:1.

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Faithlife Study Bible (FSB) is your guide to the ancient world of the Old and New Testaments, with study notes and articles that draw from a wide range of academic research. FSB helps you learn how to think about interpretation methods and issues so that you can gain a deeper understanding of the text.

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