Deuteronomy 25

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In verse one[1] we see " come unto judgment, that the judges may judge them".
The Original Word for judgment 04941 MemShemPieTet מִשְׁפָּט has 50 different variations and appears some 400 times and is from the three letter word ShemPieTet ^טפשׁ^ shaphat, 08199 translated to judge hundreds of times. But the word here is hammishpat HeyMemShemPieTet הַמִּשְׁפָּ֖ט which only appears 14 times and may mean a place or group where testimony may be heard from which judgement flows.
The root word is ShemPeiTet can form the Hebrew word ū-šə-p̄ā-ṭūm VavShemPeiTetVavMem וּשְׁפָט֑וּם which appears only once and is translated "that the judges may judge". We see a similar form in Deuteronomy 1:16 where the second Vav is to a Tav VavShemPeiTetTavMem ū-šə-p̄aṭ-tem וּשְׁפַטְתֶּ֣ם but is only translated and judge. What is the significance of the extra Hebrew letters like Vav, Tav and Mem? Both seem to be talking about a designated place or group from which faith in the flow of righteously judging may take place.
We also see in Deuteronomy 1:16 the root word for justify or righteous TzadikDelatKuf 06663 ṣe-ḏeq, צֶ֔דֶק as a noun with thirty variation. The words "the righteous" are transated from HeyTzadikDelatYodKuf haṣ-ṣad-dîq, הַצַּדִּ֔יק as an adjective. In Deuteronomy 25:1 we also see this same arrangement enclosed in two Vav's VavHeyTzadikDelatYodKufVav

wə·hiṣ·dî·qū וְהִצְדִּ֙יקוּ֙ translated "then they shall justify". So what is the significance of the extra Hebrew letters Vav, Hey and Yod and their location?

The next verse[2] seems to say that someone should be made to lie down and be beaten. Is that actually what God wanted the people to do to each other when there is simply a "controversy" and commonly translated cause, strife, controversy, even just plead, contend or debate?[3]
The phrase "shall cause him to lie down" is from the root word naphal [4] or NunPeiLamed but only appears once in this form as wə·hip·pî·lōw וְהִפִּיל֤וֹ or VavHeyPeiYodLamedVav

The phrase "to be beaten" is translated from the Hebrew word NunKafHey ^הכנ^ nakah[5] which appear some 500 times in the Bible in some 50 different forms. Here we see the word HeyKafVavTav hak-kō-wṯ הַכּ֖וֹת in the text which is considerably different than NunKafHey and only appears 4 times in the Old Testament.

The Jewish Bible translate the verses differently.[6] and the Rashi commentaries talk about Scripture teaches us, “and it shall be, if the guilty one has incurred [the penalty] of lashes…”. But is this more of the vengeful heart of men falsely interpreting through sophistry the metaphor of the Hebrew language as seen with the Altars of Clay and Stone and the true nature of stoning?
We see it in Genesis 4:15 where God marked Cain so that no one would HeyKafVavTav (should kill) Cain.
We see it in Exodus 7:25 where the Lord had HeyKafVavTav (had struck)the Nile with a plague.
and in 2 Samuel 21:12 where it was said that the Philistines had HeyKafVavTav (had slain) Saul, but he had fallen on his own sword.

None of these has to do with flogging anyone.

The preposition kə-ḏê כְּדֵ֥י [7] only means "sufficient or enough" but is translated "of stripes according".
In verse three[8] we see the words "stripes he may give him" Translated from 5221 yak-ken-nū YodKafNunVav יַכֶּ֖נּוּ again one of 500 variations of nakah[5] which only appears three times and is commonly translated "kill".
Does the 4th verse really talking about muzzling the ox?

[1] ¶ If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.

2 And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number.

3 Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee.

4 Thou shalt not muzzle the ox when he treadeth out the corn.

5 If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.

6 And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel.

7 And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband's brother.

8 Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;

9 Then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother's house.

10 And his name shall be called in Israel, The house of him that hath his shoe loosed.

11 When men strive together one with another, and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, and taketh him by the secrets:

12 Then thou shalt cut off her hand, thine eye shall not pity her.

13 Thou shalt not have in thy bag divers weights, a great and a small.

14 Thou shalt not have in thine house divers measures, a great and a small.

15 But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the LORD thy God giveth thee.

16 For all that do such things, and all that do unrighteously, are an abomination unto the LORD thy God.

17 Remember what Amalek did unto thee by the way, when ye were come forth out of Egypt;

18 How he met thee by the way, and smote the hindmost of thee, even all that were feeble behind thee, when thou wast faint and weary; and he feared not God.

19 Therefore it shall be, when the LORD thy God hath given thee rest from all thine enemies round about, in the land which the LORD thy God giveth thee for an inheritance to possess it, that thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it.

Deuteronomy | Deuteronomy 1 | Deuteronomy 2 | Deuteronomy 3 | Deuteronomy 4 | Deuteronomy 5 | Deuteronomy 6 | Deuteronomy 7 | Deuteronomy 8 | Deuteronomy 9 | Deuteronomy 10 | Deuteronomy 11 | Deuteronomy 12 | Deuteronomy 13 | Deuteronomy 14 | Deuteronomy 15 | Deuteronomy 16 | Deuteronomy 17 | Deuteronomy 18 | Deuteronomy 19 | Deuteronomy 20 | Deuteronomy 21 | Deuteronomy 22 | Deuteronomy 23 | Deuteronomy 24 | Deuteronomy 25 | Deuteronomy 26 | Deuteronomy 27 | Deuteronomy 28 | Deuteronomy 29 | Deuteronomy 30 | Deuteronomy 31 | Deuteronomy 32 | Deuteronomy 33 | Deuteronomy 34 |

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Footnotes

  1. Deuteronomy 25:1 Hebrew OT: WLC (Consonants Only)
    • כי־יהיה ריב בין אנשים ונגשו אל־המשפט ושפטום והצדיקו את־הצדיק והרשיעו את־הרשע׃
  2. 25:2 Hebrew OT: WLC (Consonants Only)
    • והיה אם־בן הכות הרשע והפילו השפט והכהו לפניו כדי רשעתו במספר׃
  3. 07379 ^ביר^ ReishYodBeit (rîḇ רִיב֙) riyb \@reeb\@ or ^בר^ rib \@reeb\@ from 07378; n m; AV-cause 24, strife 16, controversy 13, contention 2, misc 7; 62
    1) strife, controversy, dispute
    1a) strife, quarrel
    1b) dispute, controversy, case at law
  4. 05307 ^לפנ^ naphal \@naw-fal’\@ a primitive root; v; {See TWOT on 1392} AV-fail 318, fall down 25, cast 18, cast down 9, fall away 5, divide 5, overthrow 5, present 5, lay 3, rot 3, accepted 2, lie down 2, inferior 2, lighted 2, lost 2, misc 22; 434
    1) to fall, lie, be cast down, fail
    1a) (Qal)
    1a1) to fall
    1a2) to fall (of violent death)
    1a3) to fall prostrate, prostrate oneself before
    1a4) to fall upon, attack, desert, fall away to, go away to, fall into the hand of
    1a5) to fall short, fail, fall out, turn out, result
    1a6) to settle, waste away, be offered, be inferior to
    1a7) to lie, lie prostrate
    1b) (Hiphil)
    1b1) to cause to fall, fell, throw down, knock out, lay prostrate
    1b2) to overthrow
    1b3) to make the lot fall, assign by lot, apportion by lot
    1b4) to let drop, cause to fail (fig.)
    1b5) to cause to fall
    1c) (Hithpael)
    1c1) to throw or prostrate oneself, throw oneself upon
    1c2) to lie prostrate, prostrate oneself
    1d) (Pilel) to fall
  5. 5.0 5.1 05221 ^הכנ^ nakah \@naw-kaw’\@ a primitive root; v; {See TWOT on 1364} AV-smite 348, slay 92, kill 20, beat 9, slaughter 5, stricken 3, given 3, wounded 3, strike 2, stripes 2, misc 13; 500
    1) to strike, smite, hit, beat, slay, kill
    1a) (Niphal) to be stricken or smitten
    1b) (Pual) to be stricken or smitten
    1c) (Hiphil)
    1c1) to smite, strike, beat, scourge, clap, applaud, give a thrust
    1c2) to smite, kill, slay (man or beast)
    1c3) to smite, attack, attack and destroy, conquer, subjugate, ravage
    1c4) to smite, chastise, send judgment upon, punish, destroy
    1d) (Hophal) to be smitten
    1d1) to receive a blow
    1d2) to be wounded
    1d3) to be beaten
    1d4) to be (fatally) smitten, be killed, be slain
    1d5) to be attacked and captured
    1d6) to be smitten (with disease)
    1d7) to be blighted (of plants)
  6. Devarim - Deuteronomy - Chapter 25 of the Jews see this first three verses translated "1. If there is a quarrel between men, and they approach the tribunal, and they [the judges] judge them, and they acquit the innocent one and condemn the guilty one 2 and it shall be, if the guilty one has incurred [the penalty of] lashes, that the judge shall make him lean over and flog him in front of him, commensurate with his crime, in number.3 He shall flog him with forty [lashes]; he shall not exceed, lest he give him a much more severe flogging than these [forty lashes], and your brother will be degraded before your eyes.
  7. 1767 ~ἐννέα~ ennea \@en-neh’-ah\@ a primary number; ; n indecl AV-nine 1; 1
    1) nine
  8. 25:3 Hebrew OT: WLC (Consonants Only)
    • ארבעים יכנו לא יסיף פן־יסיף להכתו על־אלה מכה רבה ונקלה אחיך לעיניך׃ ס