The law which is laid down in vv. 20-22, regarding the sin of connection with a bond-woman betrothed to a husband, apparently refers to such a case as is mentioned in Exod. xxi. 7, 8, where the bond-maid is betrothed to her master, while yet, because of her condition of bondage, the marriage has not been consummated. For the same sin in the case of a free woman, where both were proved guilty, for each of them the punishment was death (Deut. xxii. 23, 24). In this case, because the woman's position, inasmuch as she was not free, was rather that of a concubine than of a full wife, the lighter penalty of scourging is ordered for both of the guilty persons. Also, since this was a case of trespass as well, in which the rights of the master to whom she was espoused were involved, a guilt-offering was in addition required, as the condition of pardon.
It will be said, and truly, that by this law slavery and concubinage are to a certain extent recognised by the law; and upon this fact has been raised an objection bearing on the holiness of the law-giver, and, by consequence, on the Divine origin and inspiration of the law. Is it conceivable that the holy God should have given a law for the regulation of two so evil institutions? The answer has been furnished us, in principle, by our Lord (Matt. xix. 8), in that which He said concerning the analogous case of the law of Moses touching divorce; which law, He tells us, although not according to the perfect ideal of right, was yet given "because of the hardness of men's hearts." That is, although it was not the best law ideally, it was the best practically, in view of the low moral tone of the people to whom it was given. Precisely so it was in this case. Abstractly, one might say that the case was in nothing different from the case of a free woman, mentioned Deut. xxii. 23, 24, for which death was the appointed punishment; but practically, in a community where slavery and concubinage were long-settled institutions, and the moral standard was still low, the cases were not parallel. A law which would carry with it the moral support of the people in the one case, and which it would thus be possible to carry into effect, would not be in like manner supported and carried into effect in the other; so that the result of greater strictness in theory would, in actual practice, be the removal thereby of all restriction on license. On the other hand, by thus appointing herein a penalty for both the guilty parties such as the public conscience would approve, God taught the Hebrews the fundamental lesson that a slave-girl is not regarded by God as a mere chattel; and that if, because of the hardness of their hearts, concubinage was tolerated for a time, still the slave-girl must not be treated as a thing, but as a person, and indiscriminate license could not be permitted. And thus, it is of greatest moment to observe, a principle was introduced into the legislation, which in its ultimate logical application would require and effect—as in due time it has—the total abolition of the institution of slavery wherever the authority of the living God is truly recognised.
The principle of the Divine government which is here illustrated is one of exceeding practical importance as a model for us. We live in an age when, everywhere in Christendom, the cry is "Reform;" and there are many who think that if once it be proved that a thing is wrong, it follows by necessary consequence that the immediate and unqualified legal prohibition of that wrong, under such penalty as the wrong may deserve, is the only thing that any Christian man has a right to think of. And yet, according to the principle illustrated in this legislation, this conclusion in such cases can by no means be taken for granted. That is not always the best law practically which is the best law abstractly. That law is the best which shall be most effective in diminishing a given evil, under the existing moral condition of the community; and it is often a matter of such exceeding difficulty to determine what legislation against admitted sins and evils, may be the most productive of good in a community whose moral sense is dull concerning them, that it is not strange that the best of men are often found to differ. Remembering this, we may well commend the duty of a more charitable judgment, in such cases, than one often hears from such radical reformers, who seem to imagine that in order to remove an evil all that is necessary is to pass a law at once and for ever prohibiting it; and who therefore hold up to obloquy all who doubt as to the wisdom and duty of so doing, as the enemies of truth and of righteousness. Moses, acting under direct instruction from the God of supreme wisdom and of perfect holiness, was far wiser than such well-meaning but sadly mistaken social reformers, who would fain be wiser than God.
Next follows a law (vv. 23-25) directing that when any fruit tree is planted, the Israelite shall not eat of its fruit for the first three years; that the fruit of the fourth year shall be wholly consecrated to the Lord, "for giving praise unto Jehovah;" and that only after that, in the fifth year of its bearing, shall the husbandman himself first eat of its fruit.
The explanation of this peculiar regulation is to be found in a special application of the principle which rules throughout the law; that the first-fruit, whether the first-born of man or beast, or the first-fruits of the field, shall always be consecrated unto God. But in this case the application of the principle is modified by the familiar fact that the fruit of a young tree, for the first few years of its bearing, is apt to be imperfect; it is not yet sufficiently grown to yield its best possible product. Because of this, in those years it could not be given to the Lord, for He must never be served with any but the best of everything; and thus until the fruit should reach its best, so as to be worthy of presentation to the Lord, the Israelite was meanwhile debarred from using it. During these three years the trees are said to be "as uncircumcised;" i.e., they were to be regarded as in a condition analogous to that of the child who has not yet been consecrated, by the act of circumcision, to the Lord. In the fourth year, however, the trees were regarded as having now so grown as to yield fruit in perfection; hence, the principle of the consecration of the first-fruit now applies, and all the fourth year's product is given to the Lord, as an offering of thankful praise to Him whose power in nature is the secret of all growth, fruitfulness, and increase. The last words of this law, "that it may yield unto you its increase," evidently refer to all that precedes. Israel is to obey this law, using nothing till first consecrated to the Lord, in order to a blessing in these very gifts of God.
The moral teaching of this law, when it is thus read in the light of the general principle of the consecration of the first-fruits, is very plain. It teaches, as in all analogous cases, that God is always to be served before ourselves; and that not grudgingly, as if an irksome tax were to be paid to the Majesty of heaven, but in the spirit of thanksgiving and praise to Him, as the Giver of "every good and perfect gift." It further instructs us in this particular instance, that the people of God are to recognise this as being true even of all those good things which come to us under the forms of products of nature.
The lesson is not an easy one for faith; for the constant tendency, never stronger than in our own time, is to substitute "Nature" for the God of nature, as if nature were a power in itself and apart from God, immanent in all nature, the present and efficient energy in all her manifold operations. Very fittingly, thus, do we find here again (ver. 25) the sanction affixed to this law, "I am the Lord your God!" Jehovah, your God who redeemed you, who therefore am worthy of all thanksgiving and praise! Jehovah, your God in covenant, who gives the fruitful seasons, filling your hearts with joy and gladness! Jehovah, your God, who as the Lord of Nature, and the Power in nature, am abundantly able to fulfil the promise affixed to this command!
The next six commands are evidently grouped together as referring to various distinctively heathenish customs, from which Israel, as a people holy to the Lord, was to abstain. The prohibition of blood (ver. 26) is repeated again, not, as has been said, in a stronger form than before, but, probably, because the eating of blood was connected with certain heathenish ceremonies, both among the Shemitic tribes and others. The next two precepts (ver. 26) prohibit every kind of divination and augury; practices notoriously common with the heathen everywhere, in ancient and in modern times. The two precepts which follow, forbidding certain fashions of trimming the hair and beard, may appear trivial to many, but they will not seem so to any one who will remember how common among heathen peoples has been the custom, as in those days among the Arabs, and in our time among the Hindoos, to trim the hair or beard in a particular way, in order thus visibly to mark a person as of a certain religion, or as a worshipper of a certain god. The command means that the Israelite was not only to worship God alone, but he was not to adopt a fashion in dress which, because commonly associated with idolatry, might thus misrepresent his real position as a worshipper of the only living and true God.
"Cutting the flesh for the dead" (ver. 28) has been very widely practised by heathen peoples in all ages. Such immoderate and unseemly expressions of grief were prohibited to the Israelite, as unworthy of a people who were in a blessed covenant relation with the God of life and of death. Rather, recognising that death is of God's ordination, he was to accept in patience and humility the stroke of God's hand; not, indeed, without sorrow, but yet in meekness and quietness of spirit, trusting in the God of life. The thought is only a less clear expression of the New Testament word (1 Thess. iv. 13) that the believer "sorrow not, even as the rest, which have no hope." Also, probably, in this prohibition, as certainly in the next (ver. 28), it is suggested that as the Israelite was to be distinguished from the heathen by full consecration, not only of the soul, but also of the body, to the Lord, he was by that fact inhibited from marring or defacing in any way the integrity of his body.