Doing justice and loving mercy.
In pursuance of its great requirement of love to one's neighbour, the law next prohibits the raising of a false report, the bearing of false witness in a court of justice, and the wresting of judgment. Recognising however, that "out of the heart proceed evil thoughts, murders, adulteries, fornications, thefts, false witness, blasphemies" (Matthew 15:19), the taw, in addition to forbidding the outward acts, is at pains to warn against the motives and influences which most commonly lead to these acts. This section naturally follows the catalogue of "rights' in previous chapters, as dealing with cases of litigation arising on the basis of these "rights." Notice:—
I. THE SINS PROHIBITED.
1. The raising of a false report. This also is a species of false witness, though of a less formal character than the bearing of false witness in a court of justice. The forms it may assume are innumerable. The three principal are:—
In God's sight slander ranks as one of the worst of off, aces. It indicates great malevolence. It is grievously unjust and injurious to the person traduced. It is certain to be taken up, and industriously propagated. For a calumny is never wholly wiped out. There are always some evil-speaking persons disposed to believe and repeat it. It affixes a mark on the injured party which may remain on him through life. Everyone is interested in the suppression of such an offence—the parties immediately concerned, the Church, society at large, the magistracy, God himself—of one of whose commandments (the 9th) it is a daring violation. It is a form of vice which should incur the emphatic reprobation of society, and which, where possible, should be visited with heavy legal penalties.
2. False witness in court. This, as a deliberate attempt to poison the stream of public justice, is a crime which admits of no palliation. It is a form of vice which, so far as we know, has never found a defender. All ages and all societies have united in condemning it as an offence deserving of severe punishment. Yet many a privately-circulated slander may do more harm than a falsehood uttered in the witness-box. God judges of these matters, not by their legal but by their moral turpitude.
3. Wresting of judgment. The corruption of public justice here reaches the fountain head. The judge who gives dishonest decisions betrays the cause of righteousness. He misrepresents the mind of God. He inflicts irremediable injury on the innocent. He opens a floodgate to iniquity. Few men, therefore, are guiltier than he. God will not spare him in the day of his judgment. Even in private life, however, we need to beware of judging rashly, of judging with bias and prejudice, of judging so as to do wrong to individuals, of judging so as to injure truth and retard progress and- improvement. This also is "wresting judgment."
II. MOTIVES LEADING TO THESE SINS.
1. The influence of the crowd (Exodus 23:2). There is an infectiousness in the example of a crowd which only a firm back-bone of principle, and some independence of mind, will enable us to resist. The tendency is to follow the multitude, even when it is to do evil.
2. False sympathy. Judgment was not to be wrested, nor false witness given, out of any quasi-benevolent wish to do a good turn to the poor (Exodus 23:3). The poor man is not to be unjustly dealt with (Exodus 23:6), but neither is he to receive favour. A court of law is not the place for sentiment. Equal measure is to be meted out to all. Judgment is to be given impartially as between brother and brother; rich and poor; citizen and foreigner (Exodus 23:9); applying the same principles to each case, and keeping in view the essential merits as the sole thing to be regarded.
3. Enmity. Emnity to another, or the consideration of another's enmity to us, is not to be allowed to sway us in giving judgment in his cause, or in any other matter in which his rights are affected. This seems to be the connection of Exodus 23:4, Exodus 23:5, with what precedes and follows; but the duty is taught somewhat indirectly by laying down the principle that enmity is not to be allowed to influence us at all, in any of our dealings with our neighbours. The illustrations taken are very striking, and fairly anticipate the gospel inculcation of love to enemies (cf. Deuteronomy 22:1, Deuteronomy 22:4). If an enemy's ox or ass was seen going astray, the Israelite was not to hide himself, and let it go, but was "surely" to take it back again. Or if his enemy's ass fell under a burden, he was not to yield to the temptation to forbear help, but was "surely" to help him to lift it up. A fortiori, he was not to allow himself to be in any way influenced by enmity in giving evidence before the judges, or in pronouncing judgment on a cause brought before him.
4. Covetenseness. (Exodus 23:8.) This forbids bribery. It is impossible for a judge to take a bribe, whether given directly or indirectly, and yet retain his integrity. Despite of himself, the gift will blind his eyes, and pervert his words. For the same reason a man can never be an impartial judge in his own cause.—J.O.