Why must punishment by beating stop at no more than forty stripes?

Atlas of Saints · Chapter summary

The chapter says this limit prevents Israel’s brother from departing shamefully torn before its eyes. When judges find beating warranted, it must take place before them, with the number of stripes measured according to the sin and never exceeding forty.

Chapter breakdown

If men have a dispute and call on the judges, the judges must award justice to the one they find just and condemn the one they find wicked. If they see that the offender deserves stripes, they must lay him down and have him beaten before them. The measure of the stripes must match the measure of the sin, but must not exceed forty, lest their brother depart shamefully torn before their eyes. Israel must not muzzle the ox treading out its corn on the floor. Challoner’s separate note says St. Paul understands this as applying to the spiritual worker in God’s church, who must not be denied maintenance. It cites 1 Corinthians 9:8–10.

When brothers dwell together and one dies without children, the deceased man’s wife must not marry another man. His brother must take her and raise up offspring for him. The first son he has by her must be called by the deceased brother’s name, so that name is not abolished from Israel.

If the brother will not take his brother’s wife, who by law belongs to him, she must go to the city gate and call on the elders. She must say that her husband’s brother refuses to raise up his brother’s name in Israel and will not marry her. The elders must send for him at once and ask him. If he says he will not take her as wife, she must come before him in the elders’ presence, remove his shoe from his foot, spit in his face, and say that this is what shall be done to the man who will not build up his brother’s house. His name in Israel must be called the house of the unshod.

If two men exchange words and one begins fighting the other, and the other’s wife seeks to deliver her husband from the stronger man by reaching out and taking his private parts, her hand must be cut off without pity. Israel must not keep different weights in its bag, one greater and one smaller, or a greater and smaller bushel in its house. It must have a just, true weight and an equal, true bushel, so it may live a long time on the land the Lord will give it. The Lord abhors the person who does these things and hates all injustice.

Israel must remember what Amalec did on the journey out of Egypt. He met Israel and killed the hindmost of the army who had sat down weary, when Israel was spent with hunger and labor; he did not fear God. When the Lord gives Israel rest and subdues all surrounding nations in the promised land, Israel must blot out Amalec’s name from under heaven and not forget. Challoner’s separate note gives a mystical reading of the destruction order. It says the order shows how hateful to God, and what punishment from his justice awaits, those who attack and discourage his servants just coming out of the Egypt of this wicked world, still weak and fainthearted as they begin their journey to the promised land.

The story inside

The brother’s name gives the marriage directions their stated purpose. The first son of the described union is called by the deceased man’s name so that name does not disappear from Israel. Refusal brings a defined sequence: the woman speaks at the gate, the elders summon and question the brother, and his answer precedes removal of the shoe, spitting, and the spoken statement. The chapter calls his name the house of the unshod. It supplies no selfish motive or account of an actual brother performing or refusing the duty. The closing command also concerns a name: Israel must blot out Amalec’s name after the stated rest and subduing of surrounding nations, remembering his attack on the weary and his lack of fear of God.

Lessons worth keeping

1
The beating rule includes a limit and supervision. Judges must find it warranted, have it done before them, and measure it according to the sin. Forty is the maximum, with the stated reason concerning the brother departing shamefully torn.
2
The brother’s marriage duty has defined conditions and purpose. The brothers live together and one dies childless; the first son bears the deceased man’s name. If the surviving brother refuses, the chapter gives the woman’s statement and the elders’ summons before the shoe and spitting actions.
3
The Amalec command includes memory and timing. It recalls the killing of weary people at the rear of Israel’s army and Amalec’s failure to fear God. Blotting out his name follows the Lord’s giving rest and subduing the surrounding nations. Challoner’s mystical explanation remains separately identified.

Test your recall

Why must the number of stripes never exceed forty?

Source edition and notes

Douay–Rheims, revised by Richard Challoner (1749–1752). Project Gutenberg no. 1581. Locators refer to lines in the admitted pg1581.txt edition. Source notes may include Challoner commentary.

Lines 21155–21179
Deuteronomy Chapter 25 Stripes must not exceed forty. The ox is not to be muzzled. Of raising seed to the brother. Of the immodest woman. Of unjust weight. Of destroying the Amalecites. 25:1. If there be a controversy between men, and they call upon the judges: they shall give the prize of justice to him whom they perceive to be just: and him whom they find to be wicked, they shall condemn of wickedness. 25:2. And if they see that the offender be worthy of stripes: they shall lay him down, and shall cause him to be beaten before them. According to the measure of the sin shall the measure also of the stripes be: 25:3. Yet so, that they exceed not the number of forty: lest thy brother depart shamefully torn before thy eyes. 25:4. Thou shalt not muzzle the ox that treadeth out thy corn on the floor. Not muzzle, etc.... St. Paul understands this of the spiritual labourer in the church of God, who is not to be denied his maintenance. 1 Cor. 9.8, 9, 10.
Lines 21181–21186
25:5. When brethren dwell together, and one of them dieth without children, the wife of the deceased shall not marry to another: but his brother shall take her, and raise up seed for his brother: 25:6. And the first son he shall have of her he shall call by his name, that his name be not abolished out of Israel.
Lines 21188–21200
25:7. But if he will not take his brother’s wife, who by law belongeth to him, the woman shall go to the gate of the city, and call upon the ancients, and say: My husband’s brother refuseth to raise up his brother’s name in Israel: and will not take me to wife. 25:8. And they shall cause him to be sent for forthwith, and shall ask him. If he answer: I will not take her to wife: 25:9. The woman shall come to him before the ancients, and shall take off his shoe from his foot, and spit in his face, and say: So shall it be done to the man that will not build up his brother’s house: 25:10. And his name shall be called in Israel, the house of the unshod.
Lines 21202–21220
25:11. If two men have words together, and one begin to fight against the other, and the other’s wife willing to deliver her husband out of the hand of the stronger, shall put forth her hand, and take him by the secrets, 25:12. Thou shalt cut off her hand, neither shalt thou be moved with any pity in her regard. 25:13. Thou shalt not have divers weights in thy bag, a greater and a less: 25:14. Neither shall there be in thy house a greater bushel and a less. 25:15. Thou shalt have a just and a true weight, and thy bushel shall be equal and true: that thou mayest live a long time upon the land which the Lord thy God shall give thee. 25:16. For the Lord thy God abhorreth him that doth these things, and he hateth all injustice.
Lines 21222–21241
25:17. Remember what Amalec did to thee in the way when thou camest out of Egypt: Amalec.... This order for destroying the Amalecites, in the mystical sense, sheweth how hateful they are to God, and what punishments they are to look for from his justice, who attack and discourage his servants when they are but just come out, as it were, of the Egypt of this wicked world and being yet weak and fainthearted, are but beginning their journey to the land of promise. 25:18. How he met thee: and slew the hindmost of the army, who sat down, being weary, when thou wast spent with hunger and labour, and he feared not God. 25:19. Therefore when the Lord thy God shall give thee rest, and shall have subdued all the nations round about in the land which he hath promised thee: thou shalt blot out his name from under heaven. See thou forget it not.