(21) I have never observed elsewhere, that in the Jewish government women were not admitted as legal witnesses in courts of justice.None of our copies of the Pentateuch say a word of it.It is very probable, however, that this was the exposition of the scribes and Pharisees, and the practice of the Jews in the days of Josephus.
(22) This penalty of "forty stripes save one," here mentioned, and sect.23, was five times inflicted on St.Paul himself by the Jews, 2 Corinthians 11:24(23) Josephus's plain and express interpretation of this law of Moses, Deuteronomy 14:28, 29; 26:12, etc., that the Jews were bound every third year to pay three tithes, that to the Levites, that for sacrifices at Jerusalem, and this for the indigent, the widow, and the orphans, is fully confirmed by the practice of good old Tobit, even when he was a captive in Assyria, against the opinions of the Rabbins, Tobit 1:6-8.
(24) These tokens of virginity, as the Hebrew and Septuagint style them, Deuteronomy 22:15, 17, 20, seem to me very different from what our later interpreters suppose.They appear rather to have been such close linen garments as were never put off virgins, after, a certain age, till they were married, but before witnesses, and which, while they were entire, were certain evidences of such virginity.See these, Antiq.B.VII.ch.8.
sect.1; 2 Samuel 13:18; Isaiah 6:1 Josephus here determines nothing what were these particular tokens of virginity or of corruption: perhaps he thought he could not easily describe them to the heathens, without saying what they might have thought a breach of modesty; which seeming breach of modesty laws cannot always wholly avoid.
(25) These words of Josephus are very like those of the Pharisees to our Savior upon this very subject, Matthew 19:3, "Is it lawful for a man to put away his wife for every cause?"(26) Here it is supposed that this captive's husband, if she were before a married woman, was dead before, or rather was slain in this very battle, otherwise it would have been adultery in him that married her.
(27) See Herod the Great insisting on the execution of this law, with relation to two of his own sons, before the judges at Berytus, Antiq.B.XVI.ch.11.sect.2.
(28) Philo and others appear to have understood this law, Exodus 21:22, 23, better than Josephus, who seems to allow, that though the infant in the mother's womb, even after the mother were quick, and so the infant had a rational soul, were killed by the stroke upon the mother, yet if the mother escaped, the offender should only be fined, and not put to death; while the law seems rather to mean, that if the infant in that case be killed, though the mother escape, the offender must be put to death, and not only when the mother is killed, as Josehus understood it.It seems this was the exposition of the Pharisees in the days of Josephus.
(29) What we render a witch, according to our modern notions of witchcraft, Exodus 22:15, Philo and Josephus understood of a poisoner, or one who attempted by secret and unlawful drugs or philtra, to take away the senses or the lives of men.
(30) This permission of redeeming this penalty with money is not in our copies, Exodus 21:24, 25; Leviticus 24:20; Deuteronomy 19:21.
(31) We may here note, that thirty shekels, the price our Savior was sold for by Judas to the Jews, Matthew 26:15, and 27;3, was the old value of a bought servant or slave among that people.
(32) This law against castration, even of brutes, is said to be so rigorous elsewhere, as to inflict death on him that does it.
which seems only a Pharisaical interpretation in the days of Josephus of that law, Leviticus 21:20, and 22:24: only we may hence observe, that the Jews could then have no oxen which are gelded, but only bulls and cows, in Judea.
(33) These laws seem to be those above-mentioned, sect, 4, of this chapter.
(34) What laws were now delivered to the priests, see the note on Antiq.B.III.ch.1.sect.7, (35) Of the exact place where this altar was to be built, whether nearer Mount Gerizzim or Mount Ebal, according to Josephus, see Essay on the Old Testament, p.168--171.
Dr.Bernard well observes here, how unfortunate this neglect of consulting the Urim was to Joshua himself, in the case of the Gibeonites, who put a trick upon him, and ensnared him, together with the rest of the Jewish rulers, with a solemn oath to preserve them, contrary to his commission to extirpate all the Canaanites, root and branch; which oath he and the other rulers never durst break.See Scripture Politics, p.55, 56; and this snare they were brought into because they "did not ask counsel at the mouth of the Lord," Joshua 9:14.
(36) Since Josephus assures us here, as is most naturally to be supposed, and as the Septuagint gives the text, Deuteronomy 33:6, that Moses blessed every one of the tribes of Israel, it is evident that Simeon was not omitted in his copy, as it unhappily now is, both in our Hebrew and Samaritan copies.
