Bearing false witness constitutional amendment

(16) Thou shalt not bear false witness against thy neighbour. —Our fourth duty to our neighbour is not to injure his character. Our great poet has said—

“Who steals my purse, steals trash,

But he who filches from me my good name,

Robs me of that which not enriches him,

Yet leaves me poor indeed,”—

Thus indicating the fact that calumny may injure a man more than robbery. False witness is, of course, worst when given in a court of justice; and this offence has generally been made punishable by law. It was peculiar to the Hebrew legislation that it not only forbade and punished (Deuteronomy 19:16-20) false testimony of this extreme kind, but denounced also the far commoner, yet scarcely less injurious, practice of spreading untrue reports about others, thus injuring them in men’s esteem. The ninth commandment is broad enough in its terms to cover both forms of the sin, though pointing especially to the form which is of the more heinous character. Lest its wider bearing should be overlooked, the Divine legislator added later a distinct prohibition of calumny in the words. “Thou shalt not raise a false report” (Exodus 23:1).

Exodus 20:16 . Thou shalt not bear false witness — This forbids, 1st, Speaking falsely in any matter, lying, equivocating, and any way devising and designing to deceive our neighbour. 2d, Speaking unjustly against our neighbour, to the prejudice of his reputation. And, 3d, (which is the highest offence of both these put together,) Bearing false witness against him, laying to his charge things that he knows not, either upon oath, by which the third commandment, the sixth, or eighth, as well as this, are broken, or in common converse, slandering, backbiting, tale-bearing, aggravating what is done amiss, and any way endeavouring to raise our own reputation upon the ruin of our neighbour’s.

20:12-17 The laws of the SECOND table, that is, the last six of the ten commandments, state our duty to ourselves and to one another, and explain the great commandment, Thou shalt love thy neighbour as thyself, Lu 10:27. Godliness and honesty must go together. The fifth commandment concerns the duties we owe to our relations. Honour thy father and thy mother, includes esteem of them, shown in our conduct; obedience to their lawful commands; come when they call you, go where they send you, do what they bid you, refrain from what they forbid you; and this, as children, cheerfully, and from a principle of love. Also submission to their counsels and corrections. Endeavouring, in every thing, to comfort parents, and to make their old age easy; maintaining them if they need support, which our Saviour makes to be particularly intended in this commandment, Mt 15:4-6. Careful observers have noted a peculiar blessing in temporal things on obedient, and the reverse on disobedient children. The sixth commandment requires that we regard the life and the safety of others as we do our own. Magistrates and their officers, and witnesses testifying the truth, do not break this command. Self-defence is lawful; but much which is not deemed murder by the laws of man, is such before God. Furious passions, stirred up by anger or by drunkenness, are no excuse: more guilty is murder in duels, which is a horrible effect of a haughty, revengeful spirit. All fighting, whether for wages, for renown, or out of anger and malice, breaks this command, and the bloodshed therein is murder. To tempt men to vice and crimes which shorten life, may be included. Misconduct, such as may break the heart, or shorten the lives of parents, wives, or other relatives, is a breach of this command. This command forbids all envy, malice, hatred, or anger, all provoking or insulting language. The destruction of our own lives is here forbidden. This commandment requires a spirit of kindness, longsuffering, and forgiveness. The seventh commandment concerns chastity. We should be as much afraid of that which defiles the body, as of that which destroys it. Whatever tends to pollute the imagination, or to raise the passions, falls under this law, as impure pictures, books, conversation, or any other like matters. The eighth commandment is the law of love as it respects the property of others. The portion of worldly things allotted us, as far as it is obtained in an honest way, is the bread which God hath given us; for that we ought to be thankful, to be contented with it, and, in the use of lawful means, to trust Providence for the future. Imposing upon the ignorance, easiness, or necessity of others, and many other things, break God's law, though scarcely blamed in society. Plunderers of kingdoms though above human justice, will be included in this sentence. Defrauding the public, contracting debts without prospect of paying them, or evading payment of just debts, extravagance, all living upon charity when not needful, all squeezing the poor in their wages; these, and such things, break this command; which requires industry, frugality, and content, and to do to others, about worldly property, as we would they should do to us. The ninth commandment concerns our own and our neighbour's good name. This forbids speaking falsely on any matter, lying, equivocating, and any way devising or designing to deceive our neighbour. Speaking unjustly against our neighbour, to hurt his reputation. Bearing false witness against him, or in common conversation slandering, backbiting, and tale-bearing; making what is done amiss, worse than it is, and in any way endeavouring to raise our reputation upon the ruin of our neighbour's. How much this command is every day broken among persons of all ranks! The tenth commandment strikes at the root; Thou shalt not covet. The others forbid all desire of doing what will be an injury to our neighbour; this forbids all wrong desire of having what will gratify ourselves.

The right of property is sanctioned in the eighth commandment by an external rule: its deeper meaning is involved in the tenth commandment.

8. Remember the sabbath day—implying it was already known, and recognized as a season of sacred rest. The first four commandments [Ex 20:3-11] comprise our duties to God—the other six [Ex 20:12-17] our duties to our fellow men; and as interpreted by Christ, they reach to the government of the heart as well as the lip (Mt 5:17). "If a man do them he shall live in them" [Le 18:5; Ne 9:29]. But, ah! what an if for frail and fallen man. Whoever rests his hope upon the law stands debtor to it all; and in this view every one would be without hope were not "the Lord our Righteousness" [Jer 23:6; 33:16] (Joh 1:17).

Heb. not answer , viz. when thou art asked in judgment, Leviticus 5:1 19:16 ; or, not speak a false testimony, or as a false witness; which doth not only forbid perjury in judgment, but also all unjust censure, slander, backbiting, scorning, false accusation, and the like; and also requires a just and candid judgment of him, and of his words and actions, speaking well of him, as far as truth and justice will permit, and defending his good name against the calumnies and detractions of others.

Against thy neighbour; no, nor for thy neighbours; but he saith against, both because such perjuries, slanders, &c. are most commonly designed against them, and because this is a great aggravation of the sin, when a man not only speaks evil and falsehood, but doth this from malice and ill-will. But under this kind are contained other sins of a like, though less sinful, nature, as in the other commands.

neighbour here is not only the Israelite, as some would have it, but any man; as plainly appears,

1. Because that word is frequently used in that sense, not only in the New, as all agree, but also in the Old Testament, as Genesis 11:3 Leviticus 20:10 Esther 1:19 Proverbs 18:17 .

2. Because it is so explained, Luke 10:29,36 Ro 13:9 , compared with Matthew 22:39 .

3. From the reason of the thing, which is common to all; unless a man will be so hardy to say that he may bear false witness against a stranger, though not against an Israelite; and, in like manner, that when God forbids a man to commit adultery with his neighbour’s wife , Leviticus 20:10 , he may do it with a stranger’s wife; and that though a man be commanded to speak the truth to his neighbour , Zechariah 8:16 , he may tell lies to a stranger.

4. Because the great law of love and charity, which is the life and soul of this and all the commands, and binds us to all; binds us, and bound the Israelites, to strangers, as appears from Exodus 23:4 Leviticus 19:33,34 .

Thou shall not bear false witness against thy neighbour. Neither publicly in a court of judicature, by laying things to his charge that are false, and swearing to them, to his hurt and damage; nor privately, by whispering, tale bearing, backbiting, slandering, by telling lies of him, traducing his character by innuendos, sly insinuations, and evil suggestions, whereby he may suffer in his character, credit, and reputation, and in his trade and business; Aben Ezra thinks the words describe the character of the person that is not to bear witness in any court, and to be read thus, "thou shall not answer who art a false witness": or, "O thou false witness": meaning that such an one should not be admitted an evidence in court, who had been convicted already of being a false witness; his word and oath are not to be taken, nor should any questions be put to him, or he suffered to answer to any; his depositions should have no weight with those before whom they were made, nay, even they should not be taken, nor such a person be allowed to make any; but this is to put this precept in a quite different form from all the rest, and without any necessity, since the word may as well be taken for a testimony bore, as for the person that bears it: this is the ninth commandment.

Thou shalt not bear false witness against thy neighbour.

(m) But further his good name, and speak truth.

EXEGETICAL (ORIGINAL LANGUAGES)

16 . The ninth commandment. Against bearing false witness, primarily in a court of law,—a specially common crime in the East,—but also more generally by taking away the character of a neighbour by false imputations (cf. Exodus 23:1).

bear false witness ] lit. answer (in a forensic sense, in a court of law, Deuteronomy 19:16; Deuteronomy 19:18, Numbers 35:30 [EVV. testify ], but also more generally, 1 Samuel 12:3 [‘witness’], Deuteronomy 31:21 al. [‘testify’]) as a false witness : Deuteronomy 5:20 has ‘as an empty, insincere , witness’ (the word explained on v. 7). For the penalty for false witness, see Deuteronomy 19:16-21. Cf. Proverbs 14:5; Proverbs 19:5; Proverbs 25:18 (same Heb. as here).

Verse 16. - Thou shalt not bear false witness against thy neighbour . False witness is of two kinds, public and private. We may either seek to damage our neighbour by giving false evidence against him in a court of justice, or simply calumniate him to others in our social intercourse with them. The form of the expression here used points especially to false witness of the former kind, but does not exclude the latter, which is expressly forbidden in Exodus 23:1. The wrong done to a man by false evidence in a court may be a wrong of the very extremest kind - may be actual murder (1 Kings 21:13) More often, however, it results in an injury to his property or his character. As fatal to the administration of justice, false witness in courts has been severely visited by penalties in all well-regulated states. At Athens the false witness was liable to a heavy fine, and if thrice convicted lost all his civil rights. At Rome, by a law of the Twelve Tables, he was hurled headlong from the Tarpeian rock. In Egypt, false witness was punished by amputation of the nose and ears ( Records of the Past , vol. 8. p. 65). Private calumny may sometimes involve as serious consequences to individuals as false witness in a court. It may ruin a man; it may madden him; it may drive him to suicide. But it does not disorganise the whole framework of society, like perjured evidence before a tribunal; and states generally are content to leave the injured party to the remedy of an action-at-law. The Mosaic legislation was probably the first wherein it was positively forbidden to circulate reports to the prejudice of another, and where consequently this was a criminal offence. Exodus 20:16

The other Five Words or commandments, which determine the duties to one's neighbour, are summed up in Leviticus 19:18 in the one word, "Love thy neighbour as thyself." The order in which they follow one another is the following: they first of all secure life, marriage, and property against active invasion or attack, and then, proceeding from deed to word and thought, they forbid false witness and coveting.

(Note: Luther has pointed out this mirum et aptum ordinem, and expounds it thus: Incipit prohibitio a majori usque ad minimum, nam maximum damnum est occisio hominis, deinde proximum violatio conjugis, tertium ablatio facultatis. Quod qui in iis nocere non possunt, saltem lingua nocent, ideo quartum est laesio famae. Quodsi in iis non praevalent omnibus, saltem corde laedunt proximum, cupiendo quae ejus sunt, in quo et invidia proprie consistit.)

If, therefore, the first three commandments in this table refer primarily to deeds; the subsequent advance to the prohibition of desire is a proof that the deed is not to be separated from the disposition, and that "the fulfilment of the law is only complete when the heart itself is sanctified" (Oehler). Accordingly, in the command, "Thou shalt not kill," not only is the accomplished fact of murder condemned, whether it proceed from open violence or stratagem (Exodus 21:12, Exodus 21:14, Exodus 21:18), but every act that endangers human life, whether it arise from carelessness (Deuteronomy 22:8) or wantonness (Leviticus 19:14), or from hatred, anger, and revenge (Leviticus 19:17-18). Life is placed at the head of these commandments, not as being the highest earthly possession, but because it is the basis of human existence, and in the life the personality is attacked, and in that the image of God (Genesis 9:6). The omission of the object still remains to be noticed, as showing that the prohibition includes not only the killing of a fellow-man, but the destruction of one's own life, or suicide. - The two following commandments are couched in equally general terms. Adultery, נאף, which is used in Leviticus 20:10 of both man and woman, signifies (as distinguished from זנה to commit fornication) the sexual intercourse of a husband with the wife of another, or of a wife with the husband of another. This prohibition is not only directed against any assault upon the husband's dearest possession, for the tenth commandment guards against that, but upholds the sacredness of marriage as the divine appointment for the propagation and multiplication of the human race; and although addressed primarily to the man, like all the commandments that were given to the whole nation, applies quite as much to the woman as to the man, just as we find in Leviticus 20:10 that adultery was to be punished with death in the case of both the man and the woman. - Property was to be equally inviolable. The command, "Thou shalt not steal," prohibited not only the secret or open removal of another person's property, but injury done to it, or fraudulent retention of it, through carelessness or indifference (Exodus 21:33; Exodus 22:13; Exodus 23:4-5; Deuteronomy 22:1-4). - But lest these commandments should be understood as relating merely to the outward act as such, as they were by the Pharisees, in opposition to whom Christ set forth their true fulfilment (Matthew 5:21.), God added the further prohibition, "Thou shalt not answer as a false witness against thy neighbour," i.e., give false testimony against him. ענה and בּ: to answer or give evidence against a person (Genesis 30:33). עד is not evidence, but a witness. Instead of שׁקר עד, a witness of a lie, who consciously gives utterance to falsehood, we find שׁוא עד in Deuteronomy, one who says what is vain, worthless, unfounded (שׁוא שׁמע, Exodus 23:1; on שׁוא see Exodus 23:7). From this it is evident, that not only is lying prohibited, but false and unfounded evidence in general; and not only evidence before a judge, but false evidence of every kind, by which (according to the context) the life, married relation, or property of a neighbour might be endangered (cf. Exodus 23:1; Numbers 35:30; Deuteronomy 17:6; Deuteronomy 19:15; Deuteronomy 22:13.). - The last or tenth commandment is directed against desiring (coveting), as the root from which every sin against a neighbour springs, whether it be in word or deed. The חמד, ἐπιθυμεῖν (lxx), coveting, proceeds from the heart (Proverbs 6:25), and brings forth sin, which "is finished" in the act (James 1:14-15). The repetition of the words, "Thou shalt not covet," does not prove that there are two different commandments, any more than the substitution of תּתאוּה in Deuteronomy 5:18 for the second תּחמד. חמד and התאוּה are synonyms, - the only difference between them being, that "the former denotes the desire as founded upon the perception of beauty, and therefore excited from without, the latter, desire originating at the very outset in the person himself, and arising from his own want or inclination" (Schultz). The repetition merely serves to strengthen and give the great emphasis to that which constitutes the very kernel of the command, and is just as much in harmony with the simple and appropriate language of the law, as the employment of a synonym in the place of the repetition of the same word is with the rhetorical character of Deuteronomy. Moreover, the objects of desire do not point to two different commandments. This is evident at once from the transposition of the house and wife in Deuteronomy. בּית (the house) is not merely the dwelling, but the entire household (as in Genesis 15:2; Job 8:15), either including the wife, or exclusive of her. In the text before us she is included; in Deuteronomy she is not, but is placed first as the crown of the man, and a possession more costly than pearls (Proverbs 12:4; Proverbs 31:10). In this case, the idea of the "house" is restricted to the other property belonging to the domestic economy, which is classified in Deuteronomy as fields, servants, cattle, and whatever else a man may have; whereas in Exodus the "house" is divided into wife, servants, cattle, and the rest of the possessions.