“You shall not spread a false report. You shall not join hands with a wicked man to be a malicious witness. 2 You shall not fall in with the many to do evil, nor shall you bear witness in a lawsuit, siding with the many, so as to pervert justice, 3 nor shall you be partial to a poor man in his lawsuit.
4 “If you meet your enemy’s ox or his donkey going astray, you shall bring it back to him. 5 If you see the donkey of one who hates you lying down under its burden, you shall refrain from leaving him with it; you shall rescue it with him.
6 “You shall not pervert the justice due to your poor in his lawsuit. 7 Keep far from a false charge, and do not kill the innocent and righteous, for I will not acquit the wicked. 8 And you shall take no bribe, for a bribe blinds the clear-sighted and subverts the cause of those who are in the right.
9 “You shall not oppress a sojourner. You know the heart of a sojourner, for you were sojourners in the land of Egypt. (Exodus 23:1-9)
After today, the content of Exodus is going to begin to change. Today marks the last of the civil laws or the case laws in the book of Exodus. So for one final time, this go round, we have the privilege of having God’s principles of justice set before us for our consideration as we seek to understand them and apply them to our lives through faith in Jesus Christ to whom all such laws have pointed us.
I pray that you have seen and continue to see the beauty of God’s justice in these laws, and the wisdom of God that far exceeds the wisdom of man, in these laws. It is no coincidence that some of the greatest societies in the history of the world have been built upon the foundation of God’s Word, and specifically with an eye toward application of these laws in Exodus. In the 10th century it was Alfred the Great, Christian King of the Anglo-Saxons who specifically referenced the case laws of Exodus as foundational to the ordering of their society. During the founding of our own United States, some of the first judges in this land referenced the case laws of Exodus in rulings of cases that came before them.
Without question, a recovery of the wisdom of God’s principles of justice as we have seen here in Exodus is a vital necessity to the recovery of liberty and justice in American lands and court rooms today. Far from archaic, outdated, and barbaric, this is the future and the only way forward. Though we do not deserve it in the least, I pray that our God may be merciful to pour out His grace to redeem men through Jesus Christ and grant reform to our lives, homes, churches, and court rooms in this land again. And as we are granted the privilege by God’s providence to hear of His justice, we must not neglect the responsibility we have to conform our living to these principles, should we desire to see it spread beyond these walls. May we be faithful stewards with what has been deposited to us.
A Just Witness
The first issue in our text today is the issue of false witness. God demands that all men be just witnesses. The issue of witnesses is vital to the process of establishing a matter in God’s law. Because witnesses are vital, just witnesses are vital. Not only do witnesses establish the truth of a matter, but multiple false witnesses can establish the falsehood of a matter to be taken for truth. Thus, God commands the individual to not be a false witness. This is not only true when you are sworn in in a courtroom, but in all of life, as God says not to even spread a false report. When we hear something of someone, our perception of them changes, for better or worse, whether the issue is true or not. Since stories and reports can so easily spread like wildfire, God requires men to practice self-control and restraint of the tongue, so that we do not spread a false report.
As James teaches us, the taming of the tongue is the most difficult thing of all to do, and the uncontrolled wagging of the tongue, which may seem most harmless, can be the most destructive of activities. You can build up or you can tear down with the tongue. Spreading a false report is not just harmless words, it can wreak havoc and pervert justice. So God forbids it.
Further, God says in verse 2, “You shall not join hands with a wicked man to be a malicious witness.” The idea of joining hands here is that of shaking hands. So it is making a deal with a wicked person to be a false and malicious witness in a courtroom setting against someone, or anywhere else in life. Again, this is so serious because multiple malicious witnesses can have someone unjustly convicted and their life changed forever. That’s why God says in Deuteronomy that if someone is a false witness, they are to receive the punishment for the crime that they were falsely accusing the other person of. It can be more tempting than we might think to join hands with a wicked man to be a malicious witness. When someone comes to you, and many times it is someone powerful, and they ask you to make this deal, it makes you feel powerful and important, and thus you can start to justify and rationalize the deal in your mind.
One example of this is 1 Kings 21. There was a vineyard owned by a man named Naboth which Ahab the King wanted. But Naboth would not give or sell him his vineyard. So Ahab is sulking and pouting around his house, and his wife, the wicked Jezebel, tells her husband, “don’t worry, I’ll get the vineyard for you.”
And Jezebel his wife said to him, “Do you now govern Israel? Arise and eat bread and let your heart be cheerful; I will give you the vineyard of Naboth the Jezreelite.”
8 So she wrote letters in Ahab’s name and sealed them with his seal, and she sent the letters to the elders and the leaders who lived with Naboth in his city. 9 And she wrote in the letters, “Proclaim a fast, and set Naboth at the head of the people. 10 And set two worthless men opposite him, and let them bring a charge against him, saying, ‘You have cursed[a] God and the king.’ Then take him out and stone him to death.” 11 And the men of his city, the elders and the leaders who lived in his city, did as Jezebel had sent word to them. As it was written in the letters that she had sent to them, 12 they proclaimed a fast and set Naboth at the head of the people. 13 And the two worthless men came in and sat opposite him. And the worthless men brought a charge against Naboth in the presence of the people, saying, “Naboth cursed God and the king.” So they took him outside the city and stoned him to death with stones. 14 Then they sent to Jezebel, saying, “Naboth has been stoned; he is dead.”
15 As soon as Jezebel heard that Naboth had been stoned and was dead, Jezebel said to Ahab, “Arise, take possession of the vineyard of Naboth the Jezreelite, which he refused to give you for money, for Naboth is not alive, but dead.” 16 And as soon as Ahab heard that Naboth was dead, Ahab arose to go down to the vineyard of Naboth the Jezreelite, to take possession of it.
Then of course God brings judgment upon Ahab and Jezebel because of this evil. And did you notice that the text calls the two malicious witnesses, two “worthless men”?
Not only is the malicious witness an issue of justice in society, but it is also a part of our redemption.
Then those who had seized Jesus led him to Caiaphas the high priest, where the scribes and the elders had gathered. 58 And Peter was following him at a distance, as far as the courtyard of the high priest, and going inside he sat with the guards to see the end. 59 Now the chief priests and the whole council[h] were seeking false testimony against Jesus that they might put him to death, 60 but they found none, though many false witnesses came forward. At last two came forward 61 and said, “This man said, ‘I am able to destroy the temple of God, and to rebuild it in three days.’” 62 And the high priest stood up and said, “Have you no answer to make? What is it that these men testify against you?”[i] 63 But Jesus remained silent.
Our Lord Jesus was a victim of malicious false witnesses. Yet He remained silent, for in His case, it was for the redemption of His people that He was convicted and crucified. Indeed, the only way for this to be accomplished, was through false witnesses and false conviction, for there was no sin in Him for which He should be punished, crucified, or put to death. So the ability of false witnesses to put a man away was used by God to bring about the death of His Son to redeem His people from their sins. And the Lord Jesus humbled Himself, to the point of being subject to such false charges, that He might be put in our place, the place of the accused and guilty, so that He might remove our guilt and sin from us.
So, we are not to join hands with the wicked to be a malicious witness, in a court, or in our everyday lives. Boys and girls, think about this in your life. Do you falsely accuse your brothers or sisters of doing something they didn’t do, in order to get them in trouble? God says you are not to do so. You are to be honest with your parents and tell the truth.
Further, God says in Exodus 23:2, “You shall not fall in with the many to do evil, nor shall you bear witness in a lawsuit, siding with the many, so as to pervert justice…” So here we are forbidden from joining in with the crowd to do evil, including bearing false witness with the many, which perverts justice. It does not matter how many people are doing evil, or are saying something, we are not to join with them, no matter how many there are. This is a warning against the mob rule of crowds, whether it be democratic majorities, or just a loud minority crowd. The rule of the many, the rule of man’s voice, is to be subject to God’s law. The many are fallible and are not to be followed into evil or falsehood.
This takes Christian courage to stand against the loud voices of the crowd, even when it seems no one else will. It takes conviction of God’s principles of justice, and the ultimate justice of God to do right. It may seem easier, or it may be the path of less resistance to simply go with the many, but we are not called to a path of least resistance, but to the truth.
You see this at play today with national cases that are portrayed in a certain way by the media. The many will jump on a person and take a side, and demand that you agree and go along in condemning someone, for example. But this temptation is to be resisted. Many moments of history have been made when one man with courage stood against the many for the truth, whether it be Athanasius against the Arians, or Luther against the Papacy, or our Lord Himself, deserted by His disciples, suffering alone for our sins against the many. It is not easy to stand against the many, but if that is where the truth leads us, then that is where we must stand.
Boys and girls, think about this in your life. If it seems that all your friends are doing something, but you know that it is not right, or that you should not do it, then God tells you not to go along with all your friends in doing wrong. You are to do what is right, even if it seems no one else is.
No Partiality
Our next principle of justice is that there is to be no partiality in judgment. Verse 3, “…nor shall you be partial to a poor man in his lawsuit.” Verse 6, “You shall not pervert the justice due to your poor in his lawsuit.” And verse 9, “You shall not oppress a sojourner.”
So the first thing is that we are not to be partial to the poor. This means that we are not to treat a poor man better in his case, simply because he is poor. The poor are not to get special treatment when it comes to justice. Marxist ideologies of jealousy and envy seek to pervert justice in this way today. Ideas of class injustices are promoted today, saying that simply because some are rich and some are poor, that the rich, simply by having more, are oppressors of the poor. So they seek to make the rich pay more in all kinds of taxes and wealth redistribution, calling for the rich to “pay their fair share.” But this is injustice and it is partiality to the poor. Or more accurately, it is partiality against the rich because of envy, which is sin. Just because someone has much more, does not mean they owe the poor, or have done injustice to the poor. We must not fall into the sin of envy and so be partial to the poor.
On the other side of the coin, we are also not to be partial AGAINST the poor. Others, or at other times, we may be tempted to side against the poor, simply because we want the favor of the rich. Generally, there is not much to gain by giving the poor the justice that is due them against the wealthy when real oppression happens, so there is temptation to be partial against the poor. This is often selfishness and a desire to receive favor or gifts or privileges of the wealthy. This is partiality and sin to be avoided.
There is also to be no partiality against the sojourner, as we talked about in previous weeks. Just because they are a sojourner does mean that we are free to oppress them or treat them unjustly. We cannot side against them simply because of their sojourning status. God’s law protects all people from injustice and oppression, even if they cannot protect themselves.
But in this life, injustice and oppression happens. It is not possible for men to always render perfect justice, for man is not omniscient. The law of God recognizes this, as God Himself sits above all men and rulers as the ultimate judge of all, who will not acquit the wicked, verse 7. Any person or system that seeks to go above and beyond God’s principles of justice, in order to force perfect justice, seeks an impossibility, and seeks to be divine, and take the seat of ultimate justice, which belongs ultimately to God, when He will finally deliver it on the last judgment day. When a case cannot be known in following God’s standards, it is to be trusted to God, the ultimate judge, to bring justice Himself, for He promises that He will. And this includes God’s ultimate judgment upon those who pervert justice in this life.
For wicked men are found among my people;
they lurk like fowlers lying in wait.[a]
They set a trap;
they catch men.
27 Like a cage full of birds,
their houses are full of deceit;
therefore they have become great and rich;
28 they have grown fat and sleek.
They know no bounds in deeds of evil;
they judge not with justice
the cause of the fatherless, to make it prosper,
and they do not defend the rights of the needy.
29 Shall I not punish them for these things?
declares the Lord,
and shall I not avenge myself
on a nation such as this?”
Foundational to all principles of justice, is the theocentric principle that God Himself will judge the wicked, including avenging Himself upon the nation which does these wicked things.
Love Your Enemy
Now, amidst these commands, we have another case law in verse 4-5, that tells the people what they are to do as individuals if they find themselves in this situation. If your enemy’s ox or donkey has gotten loose and is getting away unbeknownst to the owner, and you see it, you are to corral it and bring it back to the owner. Or if the donkey of someone who hates you is lying down and can’t get up because of the burden it carries, you are to help this person get the donkey back up, you are not to walk by, ignore it, or look the other way.
The interesting thing about this law, is that it specifically says to do this for your enemy or one who hates you. Not just for your neighbor or your brother, but for your enemy. Of course we would help someone we loved in a situation like this, but the temptation would be to ignore the help that our enemy needs. How does this fit with the other laws surrounding this? Well, it shows us that we are not to be partial against our enemy, not only in a court of law, but also in our own personal lives, when our enemy needs our help. Now this is a hard thing! But this is the type of life in society that God’s people are called to.
Underneath this case, God is teaching His people not to hold grudges, and not to hold them in such a way that you end up refusing help to one in need because of your grudge. We are to be godly and good neighbors, even to those who hate us. We are taught here not to take delight in the misfortune of others. If we see their animal getting away or their donkey struggling, we are not to smirk and think to ourselves, “well that serves them right.” Instead, we are to humble ourselves and help them. Such actions as this will often work to restore and reconcile the relationship. When you are done good to by your enemy, they will often cease to be your enemy. Furthermore, there is a small protection for the struggling donkey in a law like this. God does not desire that the animal suffer because of our disagreements and grudges against one another. If you can’t find it in you to do it for the sake of your enemy, do it for the sake of the donkey.
This is a principle continually brought home to us in the New Testament. As Jesus says in Matthew 5:44, “But I say to you, Love your enemies and pray for those who persecute you.” Or 1 Thessalonians 5:15, “See that no one repays anyone evil for evil, but always seek to do good to one another and to everyone.” Or Romans 12:17-21.
Repay no one evil for evil, but give thought to do what is honorable in the sight of all. 18 If possible, so far as it depends on you, live peaceably with all. 19 Beloved, never avenge yourselves, but leave it[a] to the wrath of God, for it is written, “Vengeance is mine, I will repay, says the Lord.” 20 To the contrary, “if your enemy is hungry, feed him; if he is thirsty, give him something to drink; for by so doing you will heap burning coals on his head.” 21 Do not be overcome by evil, but overcome evil with good. (Romans 12:17-21)
So this case law in Exodus, is teaching us that if you want to overcome your enemy, the one who hates you, you can overcome him with good, by doing this good to him. This is how enemies are made friends. This is how we, who were once enemies of God, have been made friends of God. That while we were still sinners, estranged and alienated and at enmity with God, God so loved us, that He gave His only Son, to die for us. God in Christ has done the ultimate good to His enemies, to those who hated Him, by giving Himself for them, and thus overcoming them with good, and making them His friends. The very suffering of Christ exemplifies this, as Jesus hung on the cross, even there, He prayed, “Father, forgive them, for they know not what they do.” So in other words, this case law teaches us to forgive as Christ has forgiven us.
There is another application that Matthew Henry makes from this case in Exodus 23:5 of helping your enemy’s struggling donkey. Henry says, “If we must endeavor to help up a fallen ass [meaning donkey], much more should we endeavor to help up a sinking spirit, saying to those that are of a fearful heart, be strong.” So if God wants us to help a struggling animal, how much more should we help a struggling person, made in the image of God? Much more. Do you see others who are sunk down? Who are struggling? Who need help or encouragement in some way? Encourage and help one another. Do not take delight in their struggles, thinking they are getting what they deserve for what they have done to you, but return good unto them.
Take No Bribe
Finally, verse 8 tells us to take no bribe, “for a bribe blinds the clear-sighted and subverts the cause of those who are in the right.” Whether you are a judge, or in personal relationships, we must cultivate a strength of being bribe proof. Even good strong men have been subverted by the enticement of a bribe. Our system of justice today is filled with bribes, through special interest groups influencing lawmakers to favor them in legislation for special kickbacks to them. This has greatly subverted justice in our land. We are to be far from this, whether it is in the civil sphere, in the church courts, in our families, or with our neighbors. Let us take no bribe, so as to be blinded by it and so not be able to see the issue clearly and honestly.
A system of bribes which perverted justice is what led to Israel demanding a king like the other nations. In 1 Samuel 8 it says, “When Samuel became old, he made his sons judges over Israel. …Yet his sons did not walk in his ways but turned aside after gain. They took bribes and perverted justice. Then all the elders of Israel gathered together and came to Samuel at Ramah and said to him, ‘Behold you are old and your sons do not walk in your ways. Now appoint for us a king to judge us like all the nations.’”
The power of bribes subverting justice can totally destroy and uproot an entire system and society. The temptation is great and it may seem harmless, but the effect can be devastating. Israel did not follow God’s law and principles of justice, and so it led to suffering for them. We also will not be exempt.
Men seek to get their way by paying off other men, offering gifts and bribes, because they know the allure of them is powerful. In a sinful world men may be able to bribe their way through life, or for a time. But they will not be able to do so forever. God cannot be bribed. He owns all things and there is nothing He lacks. Therefore, we need not fear that His justice will be subverted. His justice is guaranteed, for He cannot be swayed from it by the gifts of men. There is nothing that you have to offer to God to free you from condemnation, death, and judgment. There is no payment you can make.
God does not receive gifts in exchange for eternal life or favor in this life. Instead, God gives the gift of eternal life. “For the wages of sin is death, but the free gift of God is eternal life in Christ Jesus our Lord.” (Romans 6:23). Christ’s once and for all payment for sin is the only payment which God received, which is not a bribe, but it is justification made by Jesus Christ for sinners. It is atonement for sin. If you want eternal life and favor from God, you can’t bribe it from God, it must be received as a gift through Jesus Christ, and coming to Him in faith. God is the just and the justifier of the one who has faith in Jesus Christ, He is not the subverter of justice.
Our Lord Jesus Himself resisted this temptation to take a bribe, when Satan tempted our Lord, offering to Him all the kingdoms of the earth, if He would just subvert justice and bow down to him. But Jesus refused to take this bribe, and instead He rightfully received the kingdoms that belonged to Him, by dying for them, to receive them as His inheritance. Jesus resisted the bribe to justly and rightfully have us as His own. In his work of redemption, justice was upheld and God was satisfied. Thus John can say “…to all who did receive him, who believed in his name, he gave the right to become children of God.” So come and receive the free gift of Jesus Christ today, and may we live upright lives of integrity before God and man. Amen.
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