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Deuteronomy 25-28



Deuteronomy 25 continues the strange mix of laws somewhat humane and others definitely peculiar to our modern sensibility. In the first few verses we have the allowance for torture as punishment for crime: forty lashes with a whip. However, there is a limit to the torture: it is to be no more than forty lashes otherwise “your neighbor will be degraded in your sight.”
Then in the middle portion of the chapter we have what seems to us the strange practice of Levirate marriage where a dead man’s brother is required to marry his dead brother’s wife and propagate children through her to carry on the dead brother’s name.
In verses eleven and twelve, we have the situation of a wife attempting to help her husband in a fight with another man. If she tries to help by grasping the other man’s genitals, her hand is to be cut off in punishment. This penalty seems rather severe. One would think a wife should be praised for trying to protect her husband’s life in a fight.
In verses thirteen through sixteen, the Israelites are admonished to have honest weights for use in commerce. This is one of the laws that seems most just.
However, then it is followed by the admonishment to wipe out the Amalekites once the Israelites are settled in the Promised Land. The reason for this is because the Amalekites attacked the Israelites when they were wandering in the desert. Revenge is not only allowed but urged.
Friedman has an interesting comment on another strange practice in Israel suggested in Deuteronomy 26:14….
The person declares that he has not misused his tithed produce in any way that associates it with death or impurity. This disallows offering the dead tithed food; but, as many scholars have observed, this prohibition is not against making other offerings of food to the dead. Giving food (and drink) for dead ancestors was practiced in Israel and Judah at least until the reign of King Hezekiah (c. 700 B.C.E.). Tombs have been excavated (at Megiddo, Hazor, Gezer, Beth-Shemesh, Dothan) that had apertures cut into their ceilings through which it would be possible to give offerings to the dead, or that had storage jars placed directly over the heads of the corpses. Beginning in the tenth century B.C.E., open ceramic bowls and flasks and jars for liquids, store-jars with dipper juglets, plates, cooking pots, and wine decanters were placed in tombs in Judah. The destruction of much of the countryside by the Assyrians, followed by the centralization of worship under Hezekiah, dramatically cut back on this practice.[1]
After all the strangeness of the preceding verses, we have, in Deuteronomy 26:16-19, the conclusion of Moses' speech begun in chapter 5. In these verses, Moses formally pronounces that the Israelites and YHWH have both pledged themselves to one another.
Deuteronomy 27 introduces the curses that will be upon the Israelites if they fail to uphold their covenant with YHWH. Friedman comments:
The curses seem like a list of sundry examples of the laws that Moses has given until now. Most of the things that are forbidden are uncommon and easy to avoid doing. So the people as a whole will readily say the “Amen” to them. But then the final curse is on anyone who will not support and perform “the words of this Torah”—in other words: the Torah as a whole. The people are led to a point at which they must say “Amen” to the full Torah.[2]
Deuteronomy 28 presents the blessings that will be upon the Israelites if they keep their covenant with YHWH. Friedman notes:
The curses are four times the length of the blessings. Like the blessings and curses list in Leviticus 26 (where the curses are three times longer than the blessings), this list may convey that threats of punishment were thought to be more effective than promises of reward. Or it may convey the opposite: that threats are less effective, and therefore more are required. The remarkable thing is that, following all these blessings and curses, Moses speaks beautifully for two chapters about why the people should keep the covenant for itself. The blessings and curses are there out of a realistic recognition of human psychology: rewards and punishments are effective tools of instruction from childhood and up. But the aim is higher: that humans should come to see that what is being put in their hands is “life” and “good” and “love” (Deut 30:15-16).[3]
Many of the curses mentioned in Deuteronomy 28 relate back to the plagues that were visited upon Israel’s enemy, Egypt in the book of Exodus. Sadly, many of these curses came true. The curse mentioned in 28:53, eating the flesh of one’s sons, came true four centuries later during the Aramean siege of Samaria (2 Kings 6:25-29). Furthermore, Friedman notes:
For the last curse of this list of horrors, what would be the worst threat specifically for the people of Israel: back to Egypt! This nightmare comes true seven hundred years later, after the Babylonian destruction of Jerusalem, described at the end of the book of Kings: “All the people, from the smallest to the biggest…got up and came to Egypt” (2 Kings 25:26; Jer 43:5-7). The last curse is that they will go back to Egypt, and the last page of the book of Kings reports that the entire people go back to Egypt. Yet, incredibly, this fact is almost never mentioned in commentaries on Deuteronomy or Kings or in biblical scholarship in general. The focus has been on the small portion of the nation who go into exile in Babylon, not on the mass of the people who go as refugees to Egypt. It is time that we recognized first, the full horror of the final curse of the covenant. Second, we must be sensitive to what it means to Moses to pronounce this curse: the heartbreak of what it would mean for his people to be back in Egypt, even worse off than before, the failure, the humiliation. Third, we must give due attention to the fate of the Jews who ended up back in Egypt. And, fourth, we should appreciate the significance of the fact that it was the small portion of the community who were taken to Babylon who produced the kernel who returned to Israel a generation later and rebuilt the Temple, Jerusalem, and the country—a second life for Israel in its land that lasted six hundred years.[4]
Ultimately, in the midst of all the strange stuff in these chapters from Deuteronomy, the Israelites are presented with a fork in the road. Which way are they going to follow: the way of YHWH or their own path, blessing or curse? The same question is presented to us: Which way will we follow?


[1] Friedman, Commentary on the Torah, 645
[2] Ibid, 647
[3] Ibid, 648
[4] Ibid, 653-654

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