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(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。 168171。
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。
BOOK 5 FOOTNOTES
(1) The Amorites were one of the seven nations of Canaan。 Hence
Reland is willing to suppose that Josephus did not here mean that
their land beyond Jordan was a seventh part of the whole land of
Canaan; but meant the Arnorites as a seventh nation。 His reason
is; that Josephus; as well as our Bible; generally distinguish
the land beyond Jordan from the land of Canaan; nor can it be
denied; that in strictness they were all fercot: yet after two
tribes and a half of the twelve tribes came to inherit it; it
might in a general way altogether be well included under the land
of Canaan; or Palestine; or Judea; of which we have a clear
example here before us in Josephus; whose words evidently imply;
that taking the whole land of Canaan; or that inhabited by all
the twelve tribes together; and parting it into seven parts; the
part beyond Jordan was in quantity of ground one seventh part of
the whole。 And this well enough agrees to Reland's own map of
that country; although this land beyond Jordan was so peculiarly
fruitful; and good for pasturage; as the two tribes and a half
took notice; Numbers 32:1; 4; 16; that it maintained about a
fifth part of the whole people。
(2) It plainly appears by the history of these spies; and the
innkeeper Rahab's deception of the king of Jericho's messengers;
by telling them what was false in order to save the lives of the
spies; and yet the great commendation of her faith and good works
in the New Testament; Hebrews 11:31; James 2:25; as well as by
many other parallel examples; both in the Old Testament and in
Josephus; that the best men did not then scruple to deceive those
public enemies who might justly be destroyed; as also might
deceive ill men in order to save life; and deliver themselves
from the tyranny of their unjust oppressors; and this by telling
direct falsehoods; I mean; all this where no oath was demanded of
them; otherwise they never durst venture on such a procedure。 Nor
was Josephus himself of any other opinion or practice; as I shall
remark in the note on Antiq。 B。 IX。 ch。 4。 sect。 3。 And observe;
that I still call this woman Rahab; an innkeeper; not a harlot;
the whole history; both in our copies; and especially in
Josephus; implying no more。 It was indeed so frequent a thing;
that women who were innkeepers were also harlots; or maintainers
of harlots; that the word commonly used for real harlots was
usually given them。 See Dr。 Bernard's note here; and Judges 11:1;
and Antiq。 B。 V。 ch。 7。 sect。 8。
(3) Upon occasion of this devoting of Jericho to destruction; and
the exemplary punishment of Achar; who broke that duerein or
anathema; and of the punishment of the future breaker of it;
Hiel; 1 Kings 16:34; as also of the punishment of Saul; for
breaking the like chefera or anathema; against the Amalekites; 1
Samuel 15。; we may observe what was the true meaning of that law;
Leviticus 27:28: 〃None devoted which shall be devoted of shall be
redeemed; but shall be put to death;〃 i。e。 whenever any of the
Jews' public enemies had been; for their wickedness; solemnly
devoted to destruction; according to the Divine command; as were
generally the seven wicked nations of Canaan; and those sinners
the Amalekites; 1 Samuel 15:18; it was utterly unlawful to permit
those enemies to be redeemed; but they were to be all utterly
destroyed。 See also Numbers 23:2; 3。
(4) That the name of this chief was not Achan; as in the common
copies; but Achar; as here in Josephus; and in the Apostolical
Constit。 B。 VII。 ch。 2。; and elsewhere; is evident by the
allusion to that name in the curse of Joshua; 〃Why hast thou
troubled us? … the Lord shall trouble thee;〃 where the Hebrew
word alludes only to the name Achar; but not to Achan。
Accordingly; this Valley of Achar; or Achor; was and is a known
place; a little north of Gilgal; so called from the days of
Joshua till this day。 See Joshua 7:26; Isaiah 65:10; Hosea 2:15;
and Dr。 Bernard's notes here。
(5) Here Dr。 Bernard very justly observes; that a few words are
dropped out of Josephus's copies; on account of the repetition of
the word shekels; and that it ought to be read