(7) If a man be found stealing (a soul) any of his brethren . . .--See Exodus 21:16.
(8,9) Take heed in the plague of leprosy. . . . Remember what the Lord thy God did to Miriam.--The point here seems to be that though Miriam was one of the three leaders of Israel ("I sent before thee Moses, Aaron, and Miriam"--Micah 6:4), yet she was shut out of the camp seven days (Numbers 12:14) when suddenly smitten with leprosy. There might be a tendency to relax the law in the case of great or wealthy persons. But this would be felt keenly by poorer lepers, who could obtain no exemption. Moses, whose own sister had suffered from the leprosy, and had been treated according to the strict letter of the law, would never consent to any relaxation of it.
The priests the Levites.--The law of leprosy was one of the laws which the "priests" in particular were ordered to administer. "Aaron looked on Miriam, and, behold, she was leprous" It seems impossible to maintain that the Levites in general are meant here. The writer evidently had personal knowledge of the case of Miriam. Had he or his first readers lived in later times, he would have explained his meaning more fully.
24:5-13 It is of great consequence that love be kept up between husband and wife; that they carefully avoid every thing which might make them strange one to another. Man-stealing was a capital crime, which could not be settled, as other thefts, by restitution. The laws concerning leprosy must be carefully observed. Thus all who feel their consciences under guilt and wrath, must not cover it, or endeavour to shake off their convictions; but by repentance, and prayer, and humble confession, take the way to peace and pardon. Some orders are given about pledges for money lent. This teaches us to consult the comfort and subsistence of others, as much as our own advantage. Let the poor debtor sleep in his own raiment, and praise God for thy kindness to him. Poor debtors ought to feel more than commonly they do, the goodness of creditors who do not take all the advantage of the law against them, nor should this ever be looked upon as weakness.
If a man be found stealing any of his brethren of the children of Israel,.... Whether grown up or little, male or female, an Israelite or a proselyte, or a freed servant; all, as Maimonides (f) says, are included in this general word "brethren"; though Aben Ezra observes, that it is added, "of the children of Israel", for explanation, since an Edomite is called a "brother". Now, a man must be "found" committing this fact; that is, it must plainly appear, there must be full proof of it by witnesses, as Jarchi explains this word:
and maketh merchandise of him; or rather uses him as a servant, and employs him in any service to the least profit and advantage by him, even to the value of a farthing; yea, if he does but lean upon him, and he supports him, though he is an old man that is stolen; this is serving a man's self by him, as Maimonides (g), which is what is forbidden as distinct from selling him, as follows:
or selleth him: to others; and both these, according to the above writer (h), using him for service, and selling him, are necessary to make him guilty of death; not the one without the other; but reading them disjunctively, as we do, gives the better sense of the words:
then that thief shall die; by strangling with a napkin, as the Targum of Jonathan; and so Maimonides (i) says, his death is by strangling:
and thou shall put evil away from among you; both him that does evil, as the Targum of Jonathan, and the guilt of it by inflicting due punishment for it; and so deter from such practices, and prevent evil coming upon the body of the people, should such a sin be connived at; see Exodus 21:16.
(f) Hichot Genibah, c. 9. sect. 6. (g) Ib. sect. 2.((h) Ib. sect. 3.((i) Hilchot Genibah, c. 9. sect. 1. So R. Sol. Urbin. Ohel Moed, fol. 67. 1. interprets it of service.
(8,9) Take heed in the plague of leprosy. . . . Remember what the Lord thy God did to Miriam.--The point here seems to be that though Miriam was one of the three leaders of Israel ("I sent before thee Moses, Aaron, and Miriam"--Micah 6:4), yet she was shut out of the camp seven days (Numbers 12:14) when suddenly smitten with leprosy. There might be a tendency to relax the law in the case of great or wealthy persons. But this would be felt keenly by poorer lepers, who could obtain no exemption. Moses, whose own sister had suffered from the leprosy, and had been treated according to the strict letter of the law, would never consent to any relaxation of it.
The priests the Levites.--The law of leprosy was one of the laws which the "priests" in particular were ordered to administer. "Aaron looked on Miriam, and, behold, she was leprous" It seems impossible to maintain that the Levites in general are meant here. The writer evidently had personal knowledge of the case of Miriam. Had he or his first readers lived in later times, he would have explained his meaning more fully.
and maketh merchandise of him; or rather uses him as a servant, and employs him in any service to the least profit and advantage by him, even to the value of a farthing; yea, if he does but lean upon him, and he supports him, though he is an old man that is stolen; this is serving a man's self by him, as Maimonides (g), which is what is forbidden as distinct from selling him, as follows:
or selleth him: to others; and both these, according to the above writer (h), using him for service, and selling him, are necessary to make him guilty of death; not the one without the other; but reading them disjunctively, as we do, gives the better sense of the words:
then that thief shall die; by strangling with a napkin, as the Targum of Jonathan; and so Maimonides (i) says, his death is by strangling:
and thou shall put evil away from among you; both him that does evil, as the Targum of Jonathan, and the guilt of it by inflicting due punishment for it; and so deter from such practices, and prevent evil coming upon the body of the people, should such a sin be connived at; see Exodus 21:16.
(f) Hichot Genibah, c. 9. sect. 6. (g) Ib. sect. 2.((h) Ib. sect. 3.((i) Hilchot Genibah, c. 9. sect. 1. So R. Sol. Urbin. Ohel Moed, fol. 67. 1. interprets it of service.