24. From the Jews. It is certain that the Jews had at that time been deprived of jurisdiction, but as this was a kind of moderate punishment (as they termed it) it is probable that it was allowed them. Now the law of God was to this effect, that those who did not deserve capital punishment should be beaten in the presence of a judge, (Deuteronomy 25:2,) provided not more than forty stripes were inflicted, lest the body should be disfigured or mutilated by cruelty. Now it is probable, that in process of time it became customary to stop at the thirty-ninth lash, (858) lest perhaps they should on any occasion, from undue warmth, exceed the number prescribed by God. Many such precautions, (859) prescribed by the Rabbins, (860) are to be found among the Jews, which make some restriction upon the permission that the Lord had given. Hence, perhaps, in process of time, (as things generally deteriorate,) they came to think, that all criminals should be beaten with stripes to that number, though the Lord did not prescribe, how far severity should go, but where it was to stop; unless perhaps you prefer to receive what is stated by others, that they exercised greater cruelty upon Paul. This is not at all improbable, for if they had been accustomed ordinarily to practice this severity upon all, he might have said that he was beaten according to custom. Hence the statement of the number is expressive of extreme severity.
(858) The custom of excepting one stripe from the forty is made mention of by Josephus: πληγὰς μίας λειπούσης τεσσαράκοντα, “forty stripes save one.” (Joseph. Antiq. lib. 4. cap. 8. sect. 21.) It is noticed by Wolfius, that the Jews in modern times make use of the same number of stripes — thirty-nine — in punishing offenders, there being evidence of this from what is stated by Uriel Acosta, who, in his Life, subjoined by Limborch to his Conversation with a learned Jew, declares that he had in punishment of his departure from the Jews, received stripes up to that number. — Ed.
(859) “ Plusieurs semblables pouruoyances et remedes inuentez par los Rabbins :” — “Many similar provisions and remedies, invented by the Rabbins.”
(860) “The Mishna gives this as a rule, (MISH. Maccoth. fol. 22:10,) ‘How often shall he, the culprit, be smitten? Ans. אלכעין חסר אחד, forty stripes, wanting one, i.e., with the number which is nighest to forty.’ They also thought it right to stop under forty, lest the person who counted should make a mistake, and the criminal get more than forty stripes, which would be injustice, as the law required only forty. ” — Dr. A. Clarke. “As the whip was formed of three cords, and every stroke was allowed to count for three stripes, the number of strokes never exceeded thirteen, which made thirty-nine stripes.” — Bloomfield. — Ed.