John Calvin on Deuteronomy 20:5-9

5. And the officers shall speak unto the people. I have added the commencement, “quum bellandum erit,” (when there shall be war,) that my readers may know what is the subject here discussed; for although the instruction given may seem somewhat remote from the prohibition of theft, still it accords well, and is closely connected with it. For by this indulgence God shews how just it is, that every one should enjoy peaceably what he possesses; because, if it be hard that men on account of war should be deprived of the use of their new house, or of the produce of their vineyard, how much more harsh and intolerable it will be to deprive men of their fortunes, or to drive them from the lands which they justly call their own! Since, therefore, it is expedient for the state that vineyards should be sown or planted, and that houses should be built, whilst men would not address themselves to these duties with sufficient alacrity, unless encouraged by the hope of enjoying them, God gives them the privilege of exemption from fighting, if they be owners of new houses which they have not yet inhabited. He makes also the same appointment as to possessors of vineyards, if they have not yet tasted of the fruit of their labor, and will not have men torn from their affianced wives until they have enjoyed their embraces. A different principle applies to a fourth class, because the faint-hearted and lazy are not deserving that God should have consideration for their cowardice, when they shun dangers to be incurred for the public welfare; but because it concerns the whole people that soldiers should go forth readily to war, God will not have more required from any one than he is disposed to bear. We now understand the substance of this passage, viz., that, when every man’s right is asserted to enjoy what he possesses, it extends so far as that a man who has built a house should not be dragged unwillingly to war, until by dwelling in it he shall have received some advantage from the expenses incurred. To make a vineyard common, See margin of A.V., ver. 6. or to profane it, is equivalent to applying the vintage to the common uses of life; for it was not lawful, as we saw under the First Commandment, See on Leviticus 19:23, vol. 2, p. 49. to gather its first-fruits, as if it were as yet uncircumcised; therefore the recompence for their industry and diligence is made when those who have planted vines are thus set free, until they have enjoyed some of their produce. As regards the betrothed, although it seems to have been an indulgence granted in honor of marriage, that they should return to the wives whom they had not yet enjoyed, yet it is probable that they were not torn away from the dearest of all possessions, in order that every man’s property should be maintained. Besides, if the hope of progeny were taken away, the inheritance would be thus transferred to others, which would have been tantamount to diverting it from its rightful owner. We have said that the lazy and timid were sent home, that the Israelites might learn that none were to be pressed beyond their ability; and this also depends upon that rule of equity “Et cela est de l’equite commune, a laquelle se rapporte le Huitieme Commandement;” and this is a part of that common equity to which the Eighth Commandment has reference. — Fr. which dictates that we should abstain from all unjust oppression.

Deuteronomy 25

Deuteronomy 25:5-10

5. If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband’s brother shall go in unto her, and take her to him to wife, and perform the duty of an husband’s brother unto her.

5. Quum habitaverint fratres pariter, et mortuus fuerit unus ex ipsis, nec fuerit ei filius, non abnubet uxor mortui viro extraneo: cognatus ejus ingredietur ad eam, et capiet eam sibi in uxorem, et affinitatem contrahet cum ea.

6. And it shall be, that the first-born which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel.

6. Atque ita primogenitus quem peperit, surget nomine fratris ejus defuncti: ne deleat nomen ejus ex Israele.

7. And if the man like not to take his brother’s wife, then let his brother’s wife go up to the gate unto the elders, and say, My husband’s brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband’s brother.

7. Quod si noluerit vir ille accipere affinem suam, tunc ascendet ipsa ad portam ad seniores, et dicet, Renuit affinis meus suscitare fratri suo nomen in Israele, nec vult affinitatem contrahere mecum.

8. Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;

8. Tunc accersent illum seniores urbis illius, et loquentur cum eo: et ubi steterit, ac dixerit, Non placet accipere eam:

9. Then shall his brother’s wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother’s house.

9. Accedet postea cognata ejus ad ipsum in oculis seniorum, et solvet calceamentum ejus a pede ipsius, et spuet in faciem ejus: loqueturque, ac dicet, Sic fiet viro qui non aedificaverit domum fratris sui.

10. And his name shall be called in Israel, The house of him that hath his shoe loosed.

10. Et vocabitur nomen ejus in Israel, Domus discalceati.