John Gill Commentary Exodus 23

You shall not raise a false report Of a neighbour, or of any man whatever, either secretly by private slanders, whispers, backbiting and tale bearing, by innuendos, detracting from his good name and credit, suggesting things false and wicked concerning him; or publicly in a court of judicature, bringing a false accusation, laying a false charge, and bearing a false testimony against him.

Or "you shall not receive a false report" ^F16 ; if there were not so many, that say, Report, and we will report it, that are ready to receive every ill thing of their neighbours, there would not be so many that would raise such ill things of them; everything of this kind should be discountenanced, and especially by judges in courts of judicature, who are chiefly spoken to and of in the context; these should not easily admit every charge and accusation brought; nor bear, or endure a false report, as the word also signifies, but discourage, and even punish it:

put not your hand with the wicked to be an unrighteous witness ; which is not a gesture used in swearing, such as with us, of putting the hand upon a book, which did not obtain so early; nor is there any instance of this kind in Scripture; the gesture used in swearing was either putting the hand under the thigh, which yet is questionable, or lifting of it up to heaven; but here it is expressive of confederacy, of joining hand in hand to carry on a prosecution in an unrighteous way, by bearing false testimony against another.

And such were to be guarded against, and not admitted to give evidence in a cause, even a man that is known to be a wicked man, or to have been an unrighteous witness before; on the one hand, a man should be careful of joining with him in a testimony that is unrighteous; and, on the other hand, judges should take care not to suffer such to be witnesses. The Jews say ^F17 , that everyone that is condemned to be scourged, or has been scourged for some crime committed, is reckoned a wicked man, and he is not to be admitted a witness, nor his testimony taken.

FOOTNOTES:

• F16: (avt al) "non suscipies", V. L. Pegninus, Vatablus, Drusius, Fagius.
• F17: Maimon. & Bartenora in Misn. Sanhedrin, c. 3. sect. 3.

You shall not follow a multitude to do evil
The Targums of Jerusalem and Jonathan add, but to do good. As in private life, the examples of the many, who are generally the most wicked, should not be followed, though they too often are; examples, and especially of the multitude, as they often have great influence, and therefore are to be guarded against; so in public courts of judicature, where there are many judges upon the bench, if one of them is sensible that the greater part go wrong in their judgment of a case, he should not follow them, or be influenced by them, but go according to the dictates of his own conscience, and the evidence of things as they appear to him, and neither agree to justify the wicked, nor condemn the righteous:

neither shall you speak in a cause to decline after many to wrest
judgment ;
or "you shall not answer" ^F18 ; either in pleading in a cause, and taking the side of it the majority is on, and for that reason, though it is a manifest perversion of justice; or by giving a vote on that side, and on that account, whereby a wrong judgment passes;

and this vote given either according to the number of witnesses, which should not always be the rule of judgment; for it is not the number of witnesses, but the nature, evidence, and circumstances of their testimony, that should be regarded: Jarchi says, in judgments of life and death, they go after the mouth of one witness to absolve, and after the mouth of two to condemn: or according to the number of judges on the bench, and their superiority in years and knowledge; and so some render the word, "after the great ones" ^F19 ; for a judge should not be influenced by names or numbers when giving his vote, but to judge according to the truth of things, as they appear to him:

hence the Jews say, that the younger or puisne judges used to be asked their judgment first, that they might not be influenced by others superior to them; and a like method is taken with us in the trial of a peer, the younger lords always giving their opinion first:

As to the number of votes by which a cause was carried in court, it is said ^F20 , not as the decline to good, is the decline to evil; the decline to good, i.e. to absolution, is by the sentence of one (a majority of one); the decline to evil, i.e. to condemnation, is by the mouth or sentence of two, a majority of two.

FOOTNOTES:

• F18: (hnet alw) "neque respondeas", Tigurine version; "non respondebis", Pagninus, Montanus, Vatablus, Drusius.
• F19: (Mybr yrxa) "post potentiores", Junius & Tremellius; "post magnos", Lyra, Cartwright.
• F20: Misn. Sanhedrin, c. 1. sect. 6.

Neither shall you countenance a poor man in his cause .
] Because he is a poor man, and for that reason endeavour to carry his cause for him, right or wrong, from a foolish pity to him as a poor man, and from an affectation of gaining the applause of people on that account; or "you shall not honour" or "adorn" a poor man ^F21 , by a set speech in favour of his cause, though wrong, dressed up in the best manner, and set off with all the colourings of art, to make it appear in the most plausible manner;

the law is against respect of persons, as not the person of the rich, so neither is the person of the poor to be accepted, but the justice of their cause is to be regarded; so the Targum of Jonathan, "the poor that is guilty in his judgment or cause, his face (or person) you shall not accept to have pity on him, for no person is to be accepted in judgment."

FOOTNOTES:

• F21: (rdht al) "non honorabis", Pagninus, Vatablus, Drusius, Cartwright; "non decorabis", Montanus; "ne ornes", Tigurine version; "ne honorato", Junius & Tremellius; "ne ornato", Piscator.

If you meet your enemy's ox or his ass going astray
Or any other beast, as the Samaritan version adds; for these are only mentioned for instances, as being more common, and creatures subject to go astray; now when such as these are met going astray, so as to be in danger of being lost to the owner, though he is an enemy; or as the Targum of Jonathan, "whom you hate because of a sin, which you alone know in him;"

yet this was not so far to prejudice the finder of his beasts against him, as to be careless about them, to suffer them to go on without acquainting him with them, or returning them to him, as follows:

you shall surely bring it back to him again ;
whether it be an ox, or an ass, or any other beast, the law is very strong and binding upon the finder to return it to his neighbour, though an enemy, and bring it either to his field or to his farm.

If you see the ass of him that hates you lying under his
burden
Fallen down, and such a burden upon him that he cannot rise up again, but lies under it, and the owner of it is not able of himself to raise it up again:

and would forbear to help him ;
show an inclination to pass on without giving him any assistance to get up his beast again; or "would you forbear to help him?" ^F23 as Jarchi, and others, read with an interrogation, could it be in your heart to forbear helping him? could you go on, and take no notice of him and his case, and not join him in endeavouring to get up his beast again, that he may proceed its his journey? can you be so cruel and hardhearted, though he is your enemy? but if you are, know this,

you shall surely help with him ;
to get up his ass again: hence the Jewish canon runs thus ^F24 ,``if an ass is unloaded and loaded four or five times, a man is bound, i.e. to help, as it is said, "in helping you shall help"; if he (the owner) goes away, and sets himself down, seeing the command is upon you, if it is your will and pleasure to unload, unload, he is free; for it is said, with him; if he is an old man, or sick, he is bound, the command of the law is to unload, but not to load.''

The words may be rendered, "in leaving you shall leave with him" ^F25 ; either leave or forsake your enmity to help him, as Onkelos; or leave your business, you are about, to lend him an hand to raise up his beast again.

FOOTNOTES:

• F23: (bzem tldxw) "num desines sublevare eum?" some in Vatablus; "cessabis auxitiari ei?" Drusius; "desines auxiliari ei?" Pagninus.
• F24: Misn. Bava Metzia, c. 2. sect. 10.
• F25: "Deserendo deseres cum eo", Montanus; so Ainsworth.