Exegetical and Hermeneutical Commentary of Exodus 23:6
Thou shalt not wrest the judgment of thy poor in his cause.
6. Cf. Deu 1:17; and, more generally, Lev 19:15 (H), Deu 16:19. As is well known, the maladministration of justice is, and always has been, a crying evil among Oriental nations; and the poor, especially, are rarely able to get their rights. Comp. allusions in the OT., Amo 5:12, Isa 10:2, Jer 5:28, Psa 10:17; Psa 82:4, Pro 31:9; also Jer 22:16 (where Josiah is praised for having ‘judged the cause of the poor and the needy’), Psa 72:12-14.
Fuente: The Cambridge Bible for Schools and Colleges
6 9. Justice to be administered impartially: bribes not to be taken; the poor and the gr not to be oppressed. The verses form the continuation of vv. 1 3, vv. 1 3 dealing with fairness in bearing witness, and these verses with fairness in administering justice.
Fuente: The Cambridge Bible for Schools and Colleges
Four precepts evidently addressed to those in authority as judges:
(a) To do justice to the poor. Comparing Exo 23:6 with Exo 23:3, it was the part of the judge to defend the poor against the oppression of the rich, and the part of the witness to take care lest his feelings of natural pity should tempt him to falsify evidence.
(b) To be cautious of inflicting capital punishment on one whose guilt was not clearly proved. A doubtful case was rather to be left to God Himself, who would not justify the wicked, nor suffer him to go unpunished though he might be acquitted by an earthly tribunal. Exo 23:7.
(c) To take no bribe or present which might in any way pervert judgment Exo 23:8; compare Num 16:15; 1Sa 12:3; Act 26:26.
(d) To vindicate the rights of the stranger Exo 23:9 – rather, the foreigner. (Exo 20:10 note.) This verse is a repetition of Exo 22:21, but the precept is there addressed to the people at large, while it is here addressed to the judges in reference to their official duties. The caution was perpetually necessary. Compare Eze 22:7; Mal 3:5. The word rendered heart is more strictly soul, and would be better represented here by feelings.
Fuente: Albert Barnes’ Notes on the Bible
Exo 23:6-8
Thou shalt not wrest the judgment.
Duties of judges
I. That judges should be impartial.
1. In particular towards the poor (Exo 23:6).
(1) Because the poor are most open to the oppression of the powerful.
(2) Because the poor are often at a disadvantage for the want of technical knowledge or means to procure legal assistance.
(3) Because the poor are easily overawed.
2. In general towards the right (Exo 23:7, first clause). Not to aid or abet a wrong cause.
II. That judges should be cautious, particularly with regard to matters relating to capital punishment. The innocent and righteous slay thou not.
1. The case must be clearly proved.
2. The accused to have the benefit of the doubt.
3. Because justice would be done. If the criminal escaped an earthly doom, God would not justify the wicked (Pro 11:21).
III. That judges should be incorrupt (Exo 23:8), either in the shape of direct bribe or indirect present.
1. Because the bribe may blind him to the true merit of the case; and–
2. Because the bribe may weigh down and pervert his judgment on the wrong side.
IV. That judges should be considerate (Exo 23:9), particularly in regard to foreigners. Because–
1. They had been foreigners themselves, and had suffered for the want of consideration.
2. They therefore knew something of the sufferings of foreigners.
(1) Foreigners may be ignorant of the law and unwittingly break it.
(2) When broken, they may know nothing of legal technicalities, or be unable to pay legal expenses. (J. W. Burn.)
The administration of justice
There was a close connection between the civil and the military constitution of the Hebrews. The same men who were captains of thousands and captains of hundreds in war were magistrates in time of peace. In every Oriental state the point of greatest weakness is the administration of justice. Those who have lived long in the East testify that there is no such thing as justice; that no cadi, sitting in the place of judgment, ever pretends to such exceptional virtue as to be above receiving bribes. The utmost that can be expected is the hypocrisy which is the homage of vice to virtue; and even this is seldom rendered, for where bribery is universal no one is constrained by shame to conceal it. Against this terrible demoralization no rock can stand but that of the Divine authority. In the administration of justice a theocracy is an ideal government, for it is Divinity enthroned on earth as in heaven; and no other form of government enforces justice in a manner so absolute and peremptory. In the eyes of the Hebrew lawgiver, the civil tribunal was as sacred as the Holy of Holies. The office of the judge was as truly authorized and his duty as solemnly enjoined as that of the priest. The judgment is Gods, said Moses; and he who gave a false judgment disregarded the authority of Him whose nature is justice and truth. The judgment-seat was a holy place, which no private malice might profane. Evidence was received with religious care. Oaths were administered to give solemnity to the testimony (Lev 5:1). Then the judge, standing in the place of God, was to pronounce equitably, whatever might be the rank of the contending parties (Deu 1:17). He recognized no distinctions; all were alike to him. The judge was to know no difference. He was not to be biased even by sympathy for the poor (Exo 23:3; Lev 19:15). Magistrates were not allowed to accept a gift, for fear of bribery. (H. M. Field, D. D.)
Bribery resisted
Persuaded that Marvell would be theirs (the Administrations) for properly asking, they sent his old schoolfellow, the Lord Treasurer Danby, to renew acquaintance with him in his garret. At parting, the Lord Treasurer, out of pure affection, slipped into his hand an order upon the Treasury for 1,000, and then went to his chariot. Marvell, looking at the paper, called after the Treasurer, My lord, I request another moment. They went up again to the garret, and Jack, the servant-boy, was called. Jack, child, what had I for dinner yesterday? Dont you remember, sir? You had the little shoulder of mutton that you ordered me to bring from the woman in the market. Very right, child. What have I for dinner to-day? Dont you know, sir, that you bade me lay by the blade-bone to broil? Tis so; very right, child; go away. My lord, do you hear that? Andrew Marvells dinner is provided. Theres your piece of paper–I want it not. I know the sort of kindness you intended. I live here to serve my constituents. The Ministry may seek men for their purpose. I am not one. (Coleridge.)
Bribes declined
Why, asked one of the English Tortes of the Tory Governor of Massachusetts–why hath not Mr. Adams been taken off from his opposition by an office? To which the Governor replied, Such is the obstinacy and inflexible disposition of the man, that he never would be conciliated by any office whatever. His daughter used to say that her father refused a pension from the British Government of f2,000 a year. Once, when a secret messenger from General Gage threatened him with a trial for treason if he persisted in his opposition to the Government and promised him honours and wealth if he would desist, Adams rose to his feet and replied, Sir, I trust I have long since made my peace with the King of kings. No personal consideration shall induce me to abandon the righteous cause of my country.
A judge to refuse bribes
I dare say many of you may have heard of the celebrated Sir Matthew Hale, that he was in the habit of receiving a present from a person annually; and it happened once, that about the usual time when this friend made him the present, that he was accused of some offence, and was to appear as an accused person before Sir Matthew Hale. On this occasion Sir Matthew Hale returned him the present, lest it should afford even the shadow of a suspicion that the purity of judicial impartiality should be disturbed, or seem to be disturbed, by a gift from one who was to appear before the court accused of an offence, and demanding a fair trial. And I believe still it would be thought the most scandalous outrage upon our constitution, and every judge would repudiate it with scorn and disdain, were any one, expecting to have his cause tried by that judge, to attempt to propitiate his favour by gifts. Now, this beautiful rule–so just, so reasonable, so proper–was anticipated and was known, you observe, three thousand years ago, and was first revealed by Him who is the Fountain of all wisdom and justice. (J. Cumming, D. D.)
Bribery resisted
A speculator heard that an amalgamation between two joint-stock companies was projected, which would afford an opportunity to make a large sum of money by prompt purchases of shares. He was acquainted with an official holding a subordinate and poorly paid position in one of the companies, and went to him to obtain reliable information. But the official was a Christian and a man of honour, and knowing the information would operate to the disadvantage of his employers, refused to say whether the amalgamation was contemplated or not. I can make 60,000 by my speculation if you will tell me, said the tempter, and I will give you half. I cannot betray my trust, was the reply. You need not speak, said the speculator; just wink your eye and I shall know, and you shall have 30,000. The temptation was fierce, but the Christian conquered it. A few days afterwards, when the amalgamation was completed, the speculator reproached his acquaintance for not giving the information, but he was told that an approving conscience was above price. It is satisfactory to learn that the faithful official prospered in his subsequent career, and is now receiving a salary of 5,000 a year.
Fuente: Biblical Illustrator Edited by Joseph S. Exell
Verse 6. Thou shalt not wrest the judgment of thy poor] Thou shalt neither countenance him in his crimes, nor condemn him in his righteousness. See Ex 23:5; Ex 23:7.
Fuente: Adam Clarke’s Commentary and Critical Notes on the Bible
i.e. Of the poor which is among thee, not of the poor Jews only, as some peradventure may conceive; for common right must be done even to the Gentiles. Compare Deu 27:19.
Fuente: English Annotations on the Holy Bible by Matthew Poole
Thou shalt not wrest the judgment of thy poor in his cause. As the poor man was not to be favoured when his cause was bad through an affected pity for him as a poor man, so his judgment was not to be wrested or perverted, when his cause was good, because of his poverty; which is too often the case, through the power of rich men, and the prevalence of their gifts and bribes, and to curry favour with them: the phrase, “thy poor”, is very emphatic, and intended to engage judges to regard them, as being of the same flesh and blood with them, of the same nation and religion; and who were particularly committed to their care and protection under God, who is the Judge and protector of the poor, of the widow and the fatherless.
Fuente: John Gill’s Exposition of the Entire Bible
By this law also, God exhorts His people to exercise the duties of humanity towards brute animals, in order that they may be the more disposed to assist their brethren; for we must bear in memory what Paul teaches, where God commands oxen to be kindly treated, viz., that He does not care so much for them in this, as for mankind. ( 1Co 9:9.) God prescribes elsewhere, that if any should see the ox or ass of his brother, or even of his enemy, going astray, he should catch it, and restore it to its master, ( Deu 22:1, and Exo 23:4😉 but here He had another intention, i.e., that believers should testify their forgiveness of their enemies, by being merciful to their animals. If it had been simply said, that our enemies were to be helped, and that we must contend with them by acts of kindness, to overcome their ill-will, all cruelty would have been sufficiently condemned; but when God commands us not only to succor our enemies, to point out their way to those who are straying, and to lift up those who are fallen, but would also have us exercise these kindnesses to their very beasts, He more emphatically and strongly expresses how very far removed from hatred and the desire of vengeance He desires His children to be. Wherefore we see that what Christ afterwards taught His disciples is taught also in the Law, that we should love our enemies. ( Mat 5:44.) Nor is it merely the desire of vengeance which is here restrained, but something more is required, viz., that believers should conquer the ill-will of their enemies by kindnesses: since to bring back a straying ox or ass is a proof of sincere affection. But, in these two passages, what relates to the Sixth Commandment is represented in a more striking manner, viz., that assistance should be rendered to an ox or an ass, weighed down by its burden. Interpreters (50) are not agreed as to the meaning of the words, and Jerome has departed most widely from them. But others, who desire to translate them more accurately, read them interrogatively, — If thou shall see an animal fall under its burden, etc., wilt thou hesitate to help? The other sense seems more appropriate, — If thou shall; have seen and have hesitated to help, still do thou help: for in this way God anticipates a person, if, perchance, impelled at first by hatred, he should dislike to help his enemy: and then commands him to correct his guilty thought. The meaning, therefore, will be, — if the sight of thine enemy should delay thee from aiding his beast, lay aside thine ill-will, and unite thyself with him, that you may together be humane and merciful to the wretched animal. Thus an opportunity was given to enemies for their mutual reconciliation. There is another difficulty in the word גזב, (51) gnazab, which, although it means to leave, still, in my judgment, is used for to assist, or to give help: although it is not translated amiss, to let fro, or to loose: or, if it be preferred, to strengthen; in which sense it is sometimes found.
(50) Margin A V. , Exo 23:5, “Wilt thou cease to help him? or, and wouldest thou cease to leave thy business for him; thou shalt surely leave it to join with him.” The Vulg. translation is, “Si videris asinum odientis te jacere sub onere, non pertransibis, sed sublevabis cum eo:” and this precisely accords with LXX. , οὐ παρελέυσὟ αὐτὸ
(51) Exo 23:5 עזב, in its primary and most usual sense, signifies to leave; but a thing may be left from dislike or weariness; hence it signifies (2) to forsake. On the other hand, it may be left, because it has been brought into that state, in which it needs no further help or security; and hence (3) it sometimes signifies to complete a defense, as Neh 3:8; to relieve from a difficulty, as in this place — W. The whole of this criticism is omitted, not only in the French translation, but also in the Latin edition of 1563, pp. 390, 391.
Fuente: Calvin’s Complete Commentary
6. Thou shalt not wrest the judgment of thy poor. Since laws are enacted to repress the vices which are of frequent occurrence, no wonder that God should put forward the case of the poor, to whom it often happens that they fail though their causes are good, both because they are without interest and are exposed to injury through the contempt in which they are held, and also because they cannot contend with the rich in incurring expense. Justly, then, is provision made for their inferiority, lest the iniquity of judges should rob them of the little they possess. But the other point here referred to might appear superfluous, viz., that judges should not favor the poor, which very rarely takes place. It would also be incongruous that what God elsewhere prescribes and praises should here be reprehended. I reply, that rectitude is so greatly pleasing to God, that the judge would in no wise be excusable, under whatever pretext he might decline from it ever so little, and that this is the intention of this precept. For, although the poor is for the most part tyrannically oppressed, still ambition will sometimes impel a judge to misplaced compassion, so that he is liberal at another’s expense. And this temptation is all the more dangerous, because injustice is done under the cloak of virtue. For, if a judge only directs his attention to the poverty of the litigant, a foolish fear will at the same time insinuate itself lest his sentence should ruin the man whom he would wish to save; thus he will award to the one what belongs to the other. Sometimes the temerity, audacity, and obstinacy of the poor in commencing and prosecuting suits is greater than that of the rich; and when they despair of their cause, they are sure to have recourse to tears and lamentations, by which they deceive incautious judges, who, forgetful of the cause itself, only consider how their misery and want is to be relieved. Besides, too, whilst they think little of the rich man’s loss, because he can easily bear it, they make no scruple of declining from equity in favor of the poor. But hence it better appears how greatly God is offended by the oppression of the poor, when He will not have even them befriended to the injury of the rich.
Fuente: Calvin’s Complete Commentary
(6) Thou shalt not wrest the judgment of thy poor.If we are not to favour the poor man in a court of justice on account of his poverty (Exo. 23:3), much less are we to treat him with disfavour. (Comp. Deu. 24:17; Deu. 27:19; Jer. 5:28, &c.)
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
Exo 23:6. Thou shalt not wrest the judgment of thy poor in his cause The poor, is emphatic; and designed to enforce the observation of this law, which enjoins the impartial administration of justice to the poor, as well as to the rich; to the stranger, as well as to the native Israelite, Exo 23:9. See Deu 16:18-19; Deu 24:17-18; Deu 27:19.
Fuente: Commentary on the Holy Bible by Thomas Coke
Exo 23:6 Thou shalt not wrest the judgment of thy poor in his cause.
Ver. 6. The judgment of thy poor. ] I have seen, saith one, a the king of Persia many times to alight from his horse, only to do justice to a poor body. Causes are to be heard, and not persons: the Athenian judges passed sentence in the dark.
a The Preacher’s Travels, by J. Cartwright.
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
Exo 23:2, Exo 23:3, Deu 16:19, Deu 27:19, 2Ch 19:7, Job 31:13, Job 31:21, Job 31:22, Psa 82:3, Psa 82:4, Ecc 5:8, Isa 10:1, Isa 10:2, Jer 5:28, Jer 6:28, Jer 7:6, Amo 5:11, Amo 5:12, Mic 3:1-4, Zep 3:1-4, Mal 3:5, Jam 2:5, Jam 2:6
Reciprocal: Exo 20:16 – General Exo 22:9 – the cause of both parties Deu 1:17 – ye shall hear Deu 24:17 – pervert Deu 25:1 – General 2Sa 23:3 – must be just Psa 82:2 – judge Pro 22:22 – oppress Pro 24:24 – that Isa 5:23 – justify Isa 33:15 – shaketh Jer 22:3 – Execute Hab 1:4 – wrong 2Pe 3:16 – wrest
Fuente: The Treasury of Scripture Knowledge
Exo 23:6. Thou shalt not wrest the judgment of thy poor As a judge should beware, lest through motives of compassion, or an affectation of popularity, he be biassed in favour of the poor; so, on the other hand, he must not despise a man because he is poor and without friends: he must not take advantage of his poverty to misrepresent his cause, to refuse to give him an impartial hearing, to strain a point of equity to his prejudice, or pass sentence wrongfully against him. The words thy poor, are emphatical, importing that they were members of their body, though poor.