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Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Deuteronomy 19:14–21. His three-level outline is real structure in the source text, so it is rendered as structure.
Here is a statute for the preventing of frauds and perjuries; for the divine law takes care of men's rights and properties, and has made a hedge about them. Such a friend is it to human society and men's civil interest.
I.A law against frauds, Deu 19:14.
1.Here is an implicit direction given to the first planters of Canaan to fix land-marks, according to the distribution of the land to the several tribes and families by lot. Note, It is the will of God that every one should know his own, and that all good means should be used to prevent encroachments and the doing and suffering of wrong. When right is settled, care must be taken that it be not afterwards unsettled, and that, if possible, no occasion of dispute may arise.
2.An express law to posterity not to remove those land-marks which were thus fixed at first, by which a man secretly got that to himself which was his neighbour's. This, without doubt, is a moral precept, and still binding, and to us it forbids,
(1.)The invading of any man's right, and taking to ourselves that which is not our own, by any fraudulent arts or practices, as by forging, concealing, destroying, or altering deeds and writings (which are our land-marks, to which appeals are made), or by shifting hedges, meer-stones, and boundaries. Though the land-marks were set by the hand of man, yet he was a thief and a robber by the law of God that removed them. Let every man be content with his own lot, and just to his neighbours, and then we shall have no land-marks removed.
(2.)It forbids the sowing of discord among neighbours, and doing any thing to occasion strife and law-suits, which is done (and it is very ill done) by confounding those things which should determine disputes and decide controversies. And,
(3.)It forbids breaking in upon the settled order and constitution of civil government, and the altering of ancient usages without just cause. This law supports the honour of prescriptions. Consuetudo facit jus - Custom is to be held as law.
II.A law against perjuries, which enacts two things:
- 1. That a single witness should never be admitted to give evidence in a criminal cause, so as that sentence should be passed upon his testimony, Deu 19:15. This law we had before, Num 35:30, and in this book, Deu 17:6. This was enacted in favour to the prisoner, whose life and honour should not lie at the mercy of a particular person that had a pique against him, and for caution to the accuser not to say that which he could not corroborate by the testimony of another. It is a just shame which this law puts upon mankind as false and not to be trusted; every man is by it suspected: and it is the honour of God's grace that the record he has given concerning his Son is confirmed both in heaven and in earth by three witnesses, Jo1 5:7. Let God be true and every man a liar, Rom 3:4. 2. That a false witness should incur the same punishment which was to have been inflicted upon the person he accused. If two, or three, or many witnesses, concurred in a false testimony, they were all liable to be prosecuted upon this law. (2.) The person wronged or brought into peril by the false testimony is supposed to be the appellant, Deu 19:17. And yet if the person were put to death upon the evidence, and afterwards it appeared to be false, any other person, or the judges themselves, ex officio - by virtue of their office, might call the false witness to account. (3.) Causes of this kind, having more than ordinary difficulty in them, were to be brought before the supreme court, The priests and judges, who are said to be before the Lord, because, as other judges sat in the gates of their cities, so these at the gate of the sanctuary, Deu 17:12. (4.) There must be great care in the trial, Deu 19:18. A diligent inquisition must be made into the characters of the persons, and all the circumstances of the case, which must be compared, that the truth might be found out, which, where it is thus faithfully and impartially enquired into, Providence, it may be hoped, will particularly advance the discovery of. (5.) If it appeared that a man had knowingly and maliciously borne false witness against his neighbour, though the mischief he designed him thereby was not effected, he must undergo the same penalty which his evidence would have brought his neighbour under, Deu 19:19. Nec lex est justior ulla - Nor could any law be more just. If the crime he accused his neighbour of was to be punished with death, the false witness must be put to death; if with stripes, he must be beaten; if with a pecuniary mulct, he was to be fined the sum. And because to those who considered not the heinousness of the crime, and the necessity of making this provision against it, it might seem hard to punish a man so severely for a few words' speaking, especially when no mischief did actually follow, it is added: Thy eye shall not pity, Deu 19:21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, Deu 19:20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made.
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Summary
Deuteronomy 19:19 prescribes a severe, retributive punishment for a false witness in ancient Israel, mandating that the malicious accuser suffer the exact penalty they intended to inflict upon the innocent party. This legal principle, rooted in the concept of "eye for an eye" (lex talionis) but uniquely applied to the intent of the crime, served not only to deter perjury and protect the accused but also to ritually and morally cleanse the community, thereby "putting the evil away" from among God's covenant people.
Context
Literary Context
This verse is situated within a broader section of Deuteronomy (chapters 12-26) that elaborates on the practical application of the Mosaic Law for Israel's life in the promised land. Specifically, Deuteronomy 19 deals with the administration of justice, including laws concerning cities of refuge for unintentional homicide (vv. 1-13) and the prohibition against moving boundary markers (v. 14). Immediately preceding verse 19, Deuteronomy 19:15-18 establishes the critical requirement for two or three witnesses to confirm a charge and outlines the judicial process for handling a "malicious witness" (Hebrew: עֵד שָׁקֶר, ‘ed shaqer) who testifies falsely. Verse 19 then delivers the specific, stringent consequence for such a witness, ensuring the integrity of the legal system and the purity of the community.
Historical & Cultural Context
In ancient Israelite society, the judicial system was decentralized, often involving local elders at the city gate. Oral testimony was paramount, making the veracity of witnesses absolutely crucial for the administration of justice. There were no elaborate forensic methods, so the integrity of testimony was the primary means of determining guilt or innocence. False testimony was not merely a legal infraction but a profound moral and theological offense, as it perverted justice, which was seen as an attribute of God himself. The concept of "putting away evil" (as seen in Deuteronomy 13:5 or Deuteronomy 17:7) was central to Israel's covenant relationship with Yahweh, emphasizing the need for the community to maintain holiness by purging internal corruption.
Key Themes
Several key themes converge in this verse. Firstly, Retributive Justice (often associated with lex talionis) is evident, where the punishment is directly proportional to the crime, or in this case, the intended crime. This principle, famously articulated in Exodus 21:23-25 ("eye for eye, tooth for tooth"), is here applied to the malicious intent of the false witness. Secondly, Deterrence is a clear objective; the severity of the penalty was designed to discourage anyone from bearing false witness, thereby safeguarding the innocent. Thirdly, the overarching theme of Community Purity and Holiness is strongly emphasized by the concluding phrase, "so shalt thou put the evil away from among you." This reflects God's demand for a holy nation, free from the defilement of injustice and moral corruption, which was essential for maintaining their covenant standing.
Exposition and Analysis
Key Word Analysis
This primitive root (H2161) signifies to plan or devise, usually in a negative or bad sense, encompassing ideas of plotting or imagining evil. In this context, it highlights the malicious intent of the false witness, emphasizing that the punishment is meted out not just for the act of false testimony, but for the wicked scheme or purpose harbored in the heart to harm another. God's law here penetrates beyond outward actions to judge the very thoughts and intentions.
As a primitive root (H6213), this word is broadly used to mean to do or make, in the widest sense and application. Here, it refers to the action that the false witness intended to bring upon their brother. The repetition of "do" (what he "thought to have done") underscores the precise mirroring of the intended harm. It signifies the execution of the planned evil, which the law then turns back upon the deviser, ensuring that their malicious design is fulfilled upon themselves.
Derived from a primitive root (H1197), this verb means to consume, burn, or remove completely, often with a sense of destruction or eradication. It implies a decisive, thorough act of purging. The use of this strong verb underscores the absolute necessity of eliminating injustice and moral corruption ("the evil") from Israel, likening it to burning out a disease or a destructive force. This is not merely about punishment but about a radical cleansing for the sake of the community's holiness and covenant integrity.
Verse Breakdown
"Then shall ye do unto him, as he had thought to have done unto his brother:"
This clause establishes the principle of "measure for measure" justice, but uniquely applied to the intent of the false witness. If the false testimony aimed to secure a death penalty for the innocent party, the false witness would face death. If it aimed for a fine or bodily harm, the false witness would suffer that same fine or harm. This specific application of lex talionis ensures that the punishment precisely mirrors the malicious intent, serving as a powerful deterrent against perjury and upholding the sanctity of truth in legal proceedings. It highlights God's concern for the heart's intentions as well as outward actions.
"so shalt thou put the evil away from among you."
This concluding phrase functions as a motive clause, explaining the theological purpose behind the severe punishment. The "evil" refers to the moral corruption and injustice introduced by false testimony. By executing this strict justice, the community actively removes this defilement, maintaining its purity and covenant faithfulness before God. This act of purging is not merely punitive but redemptive, ensuring the health and integrity of Israel as a holy nation set apart for Yahweh. It emphasizes that justice is a means to holiness.
Literary Devices
Deuteronomy 19:19 effectively employs several literary devices to convey its powerful message. The most prominent is Lex Talionis, a form of retributive justice where the punishment corresponds in kind to the offense ("an eye for an eye"). Here, it's applied with a unique twist: the punishment fits the intended crime, not just the actual harm caused. This highlights the severity of malicious intent in God's legal system. The verse also functions as a Didactic Statement, directly instructing the judges and the community on how to administer justice, thereby teaching a moral and theological principle. Furthermore, the phrase "put the evil away from among you" serves as a Motive Clause, explaining the underlying reason and theological imperative for the law, emphasizing the importance of communal purity and the eradication of moral corruption. This phrase is also a recurring Thematic Motif throughout Deuteronomy, reinforcing the concept of Israel's ongoing responsibility to maintain its holiness.
Theological and Thematic Connections
Deuteronomy 19:19 profoundly underscores God's unwavering commitment to truth, justice, and the sanctity of human life and reputation. It reveals a divine legal system that values integrity above all, demanding that those who would pervert justice face commensurate consequences. This principle ensures that the vulnerable are protected from malicious schemes and that the community remains morally sound, reflecting God's own character of righteousness. The severity of the punishment for false witness highlights the gravity of lying, especially when it impacts the life or livelihood of another, demonstrating that God sees such deception as a direct affront to His order and holiness.
Reflection and Application
Deuteronomy 19:19 serves as a timeless reminder of the profound value God places on truth and justice within a community. While the specific legal application of lex talionis is unique to ancient Israelite civil law and not directly transferable to modern judicial systems, the underlying principles remain eternally relevant. We are called to be people of truth, to speak honestly, and to uphold justice in all our interactions. This verse challenges us to consider the immense power of our words, especially in contexts where our testimony can impact others' lives, reputations, or well-being. It compels us to cultivate a culture where integrity is paramount, where malicious gossip and false accusations are abhorred, and where the pursuit of righteousness is a communal endeavor. For believers today, this means actively working against injustice, speaking truth in love, and striving to be instruments of God's righteous order in a world often marred by deceit and unfairness.
Questions for Reflection
FAQ
Does this verse advocate for literal "eye for an eye" punishment in all cases, even today?
While Deuteronomy 19:19 applies a form of lex talionis (the law of retaliation), it's crucial to understand its context. In ancient Israelite law, this principle was primarily a judicial guideline to ensure proportional justice, preventing excessive vengeance and establishing a ceiling for punishment rather than a floor. It was administered by authorized judges, not by individuals seeking personal revenge. For instance, Exodus 21:26-27 shows monetary compensation could replace physical retaliation. In the New Testament, Jesus reinterprets "an eye for an eye" in Matthew 5:38-39, shifting the focus from individual retaliation to a spirit of non-retaliation and love for enemies, particularly in personal disputes. While civil governments still administer justice, the specific application of lex talionis as seen in this verse is part of the unique covenant law given to Israel and is not a universal mandate for all legal systems today. The underlying principles of justice, truth, and deterrence, however, remain timeless.
Christ-Centered Fulfillment
Deuteronomy 19:19, with its stern demand for justice against false witnesses and the removal of evil, finds its ultimate fulfillment and transformation in Jesus Christ. The law, in its righteous severity, exposed the depth of human sin, including the perversion of justice and the bearing of false witness—a crime that ultimately led to the crucifixion of the innocent Lamb of God. Jesus himself was the victim of false witnesses (as seen in Matthew 26:59-60), yet He did not retaliate, instead embodying perfect righteousness and submitting to the Father's will. In His atoning sacrifice on the cross, Christ perfectly fulfilled the law's demand for justice against all evil and sin, including the sin of false witness. He became the one who truly "put the evil away" from among His people, not merely by punishing it, but by bearing its full penalty Himself, thereby making a way for forgiveness and true spiritual cleansing. Through His death and resurrection, He established a new covenant where the righteousness of God is imputed to believers, and the Holy Spirit empowers them to live lives of truth and justice, reflecting the character of the ultimate and faithful Witness, Jesus Christ (as described in Revelation 1:5).