1 Josephus here, in this one sentence, sums up his notion of Moses's very long and very serious exhortations in the book of Deuteronomy; and his words are so true, and of such importance, that they deserve to be had in constant remembrance.
2 This law, both here and Exodus 20:25, 26, of not going up to God's altar by ladder-steps, but on an acclivity, seems not to have belonged to the altar of the tabernacle, which was in all but three cubits high, Exodus 27:4; nor to that of Ezekiel, which was expressly to be gone up to by steps, ch. 43:17; but rather to occasional altars of any considerable altitude and largeness; as also probably to Solomon's altar, to which it is here applied by Josephus, as well as to that in Zorobabel's and Herod's temple, which were, I think, all ten cubits high. See 2 Chronicles 4:1, and Antiq. B. VIII. ch. 3. sect. 7. The reason why these temples, and these only, were to have this ascent on an acclivity, and not by steps, is obvious, that before the invention of stairs, such as we now use, decency could not be otherwise provided for in the loose garments which the priests wore, as the law required. See Lamy of the Tabernacle and Temple, p. 444.
3 The hire of public or secret harlots was given to Venus in Syria, as Lucian informs us, p. 878; and against some such vile practice of the old idolaters this law seems to have been made.
4 The Apostolical Constitutions, B. II. ch. 26. sect. 31, expound this law of Moses, Exodus 22. 28, "Thou shalt not revile or blaspheme the gods," or magistrates, which is a much more probable exposition than this of Josephus, of heathen gillis, as here, and against Apion, B. II. ch. 3. sect. 31. What book of the law was thus publicly read, see the note on Antiq. B. X. ch. 5. sect. 5, and 1 Esd. 9:8-55.
5 Whether these phylacteries, and other Jewish memorials of the law here mentioned by Josephus, and by Muses, (besides the fringes on the borders of their garments, Numbers 15:37,) were literally meant by God, I much question. That they have been long observed by the Pharisees and Rabbinical Jews is certain; however, the Karaites, who receive not the unwritten traditions of the elders, but keep close to the written law, with Jerome and Grotius, think they were not literally to be understood; as Bernard and Reland here take notice. Nor indeed do I remember that, either in the ancienter books of the Old Testament, or in the books we call Apocrypha, there are any signs of such literal observations appearing among the Jews, though their real or mystical signification, i.e. the constant remembrance and observation of the laws of God by Moses, be frequently inculcated in all the sacred writings.
6 Here, as well as elsewhere, sect. 38, of his Life, sect. 14, and of the War, B. II. ch. 20. sect. 5, are but seven judges appointed for small cities, instead of twenty-three in the modern Rabbins; which modern Rabbis are always but of very little authority in comparison of our Josephus.
7 I have never observed elsewhere, that in the Jewish government women were not admitted as legal witnesses in courts of justice. None of our copies of the Pentateuch say a word of it. It is very probable, however, that this was the exposition of the scribes and Pharisees, and the practice of the Jews in the days of Josephus.
8 This penalty of "forty stripes save one," here mentioned, and sect. 23, was five times inflicted on St. Paul himself by the Jews, 2 Corinthians 11:24
9 Josephus's plain and express interpretation of this law of Moses, Deuteronomy 14:28, 29; 26:12, etc., that the Jews were bound every third year to pay three tithes, that to the Levites, that for sacrifices at Jerusalem, and this for the indigent, the widow, and the orphans, is fully confirmed by the practice of good old Tobit, even when he was a captive in Assyria, against the opinions of the Rabbins, Tobit 1:6-8.
10 These tokens of virginity, as the Hebrew and Septuagint style them, Deuteronomy 22:15, 17, 20, seem to me very different from what our later interpreters suppose. They appear rather to have been such close linen garments as were never put off virgins, after, a certain age, till they were married, but before witnesses, and which, while they were entire, were certain evidences of such virginity. See these, Antiq. B. VII. ch. 8. sect. 1; 2 Samuel 13:18; Isaiah 6:1 Josephus here determines nothing what were these particular tokens of virginity or of corruption: perhaps he thought he could not easily describe them to the heathens, without saying what they might have thought a breach of modesty; which seeming breach of modesty laws cannot always wholly avoid.
11 These words of Josephus are very like those of the Pharisees to our Savior upon this very subject, Matthew 19:3, "Is it lawful for a man to put away his wife for every cause?"
12 Here it is supposed that this captive's husband, if she were before a married woman, was dead before, or rather was slain in this very battle, otherwise it would have been adultery in him that married her.
13 See Herod the Great insisting on the execution of this law, with relation to two of his own sons, before the judges at Berytus, Antiq. B. XVI. ch. 11. sect. 2.
14 Philo and others appear to have understood this law, Exodus 21:22, 23, better than Josephus, who seems to allow, that though the infant in the mother's womb, even after the mother were quick, and so the infant had a rational soul, were killed by the stroke upon the mother, yet if the mother escaped, the offender should only be fined, and not put to death; while the law seems rather to mean, that if the infant in that case be killed, though the mother escape, the offender must be put to death, and not only when the mother is killed, as Josephus understood it. It seems this was the exposition of the Pharisees in the days of Josephus.
15 What we render a witch, according to our modern notions of witchcraft, Exodus 22:15, Philo and Josephus understood of a poisoner, or one who attempted by secret and unlawful drugs or philtra, to take away the senses or the lives of men.
16 This permission of redeeming this penalty with money is not in our copies, Exodus 21:24, 25; Leviticus 24:20; Deuteronomy 19:21.
17 We may here note, that thirty shekels, the price our Savior was sold for by Judas to the Jews, Matthew 26:15,