Peter Pett's Commentary on the Bible
Deuteronomy 24:5
Further Commands Related to Relationships (Deuteronomy 24:5).
The relationship between the people was to be that of ‘neighbours', and they must love their neighbour as themselves (Leviticus 19:18). Thus they must ensure that men received immediately the benefit of contracts (Deuteronomy 24:5 and Deuteronomy 24:15), that their necessities should not be retained in pledges (Deuteronomy 24:6 and Deuteronomy 24:13), that their households were protected from violation (Deuteronomy 24:7 and Deuteronomy 24:10), and that they were not made unclean by another's skin disease (Deuteronomy 24:8).
Analysis using the words of Moses:
a When a man takes a new wife, he shall not go out in the army, nor shall he be charged with any business. He shall be free at home one year, and shall pleasure his wife whom he has taken (Deuteronomy 24:5).
b No man shall take the mill or the upper millstone to pledge, for he takes a man's life to pledge (Deuteronomy 24:6).
c If a man be found stealing any of his brethren of the children of Israel, and he deal with him as a slave, or sell him, then that thief shall die. So shall you put away the evil from the midst of you (Deuteronomy 24:7).
d Take heed in the plague of skin disease, that you observe diligently, and do according to all that the priests the Levites shall teach you (Deuteronomy 24:8).
d As I commanded them, so you shall observe to do. Remember what Yahweh your God did to Miriam, by the way as you came forth out of Egypt (Deuteronomy 24:9).
c When you lend your neighbour any manner of loan, you shall not go into his house to fetch his pledge. You shall stand outside, and the man to whom you lend shall bring forth the pledge outside to you (Deuteronomy 24:10).
b And if he is a poor man, you shall not sleep holding on to his pledge, you shall surely restore to him the pledge when the sun goes down, that he may sleep in his garment, and bless you, and it shall be righteousness to you before Yahweh your God (Deuteronomy 24:12).
a You shall not take advantage of a hired servant who is poor and needy, whether he be of your brethren, or of your resident aliens who are in your land within your gates, in the same day you shall give him his hire, nor shall the sun go down on it, for he is poor, and sets his heart on it, lest he cry against you to Yahweh, and it be sin to you (14-15).
Note that in ‘a' a man takes a new wife, he shall not go out in the army, nor shall he be charged with any business. He shall be free at home one year, and shall pleasure his wife whom he has taken. Advantage must not be taken of him for he has a right to receive immediately the benefits of his marriage. In the parallel advantage must not be taken of a hired servant. He too has a right to receive immediately the benefits of his contract. In ‘b' no man shall take the mill or the upper millstone to pledge, for he takes a man's life to pledge, and in the parallel he must not retain a poor man's pledge overnight but must restore it to him so that he may sleep in it. In ‘c' if a man is found stealing any of his brethren of the children of Israel, and he deal with him as a slave, or sell him, then that thief must die, he has forced himself on and violated another's household, and in the parallel when a man lends his neighbour any manner of loan, he must not go into his neighbour's house to fetch his pledge, forcing himself on his household and violating it. He must stand outside, and the man to whom he lends will bring out the pledge to him. In ‘d' all must take heed in the plague of skin disease, that they observe diligently, and do according to all that the priests the Levites shall teach them out of concern for their neighbour's and the cleanliness of the camp, and in the parallel they must observe to do what Moses commanded them in this regard, remembering what Yahweh your God did to Miriam in smiting her with skin disease by the way as you came forth out of Egypt (and then healing her after which she had to observe her seven days - Numbers 12:10).
A Newly Married Man Free From Military Service For A Year (Deuteronomy 24:5).
The thought of the previous case caused Moses to want to relieve the gloom about marriage so he now introduced a case which revealed the other side of things. This is absolutely understandable in the context of Moses speaking to Israel. It is not so in the case of someone making up a story to hang on Moses. There are so many of these small indications of a speaker's concern that no one could have had the consummate artistry to think of them all. They ring true as being what they claim to be.
This is the first in a series where the stress is on fair dealing and consideration towards the individual, with regard to relationships.
‘ When a man takes a new wife, he shall not go out in the army, nor shall he be charged with any business. He shall be free at home one year, and shall pleasure his wife whom he has taken.'
Here was a man for whom marriage was a delight. He had taken a new wife and his only desire was to be at home with her. The Law concurred. For a whole year he was to be free from army call-up, or from any pressing business that would take him away from home, so that he could pleasure his wife.
It may well be true that part of the reason for this was in order to produce an heir so that his name would live on if he was killed in war. That no doubt was a reason behind the regulation. But that is not what Moses brought out in his speech. He was stressing the positive side of marriage as well rectifying the sad view of marriage revealed in the previous case. Here advantage must not be taken of the newly wed household. They must be allowed immediately to enjoy the benefits of the marriage.