Deuteronomy 25:1-3 - When people have a dispute

25:1-3

This section needs a little explanation, it will still seem odd to us, but will help us to have a better idea of what is going on. First, it gives the basic and straightforward purpose of a court, which is to acquit the innocent and condemn the guilty. There are times when our courts would do well to remember this basic principle. Now we come to the bit we might find objectionable.The judge was to sit in on the flogging of the guilty person. The reason for this was to ensure that the punishment was in line with what the court decided, and was not excessive. So there must not be more than forty lashes, and this was to preserve the dignity of the guilty person. Now our reaction is that thirty nine lashes is a barbaric sentence. Let’s look at things a little differently. The situation proposed here is that the person receives the set punishment and is then free to get on with their lives. Non-physical punishments can have two types of detrimental effects. One is that justice is not done, the punishment does not fit the crime; the other is that the person is regarded as a permanent outcast.