Deuteronomy 23:16

Thou shalt not deliver unto his master the servant which has escaped from his master unto thee--evidently a servant of the Canaanites or some of the neighboring people, who was driven by tyrannical oppression, or induced, with a view of embracing the true religion, to take refuge in Israel.

Orders are here given about five several things which have no relation one to another: -
I. The land of Israel is here made a sanctuary, or city of refuge, for servants that were wronged and abused by their masters, and fled thither for shelter from the neighbouring countries, Deu 23:15, Deu 23:16. We cannot suppose that they were hereby obliged to give entertainment to all the unprincipled men that ran from service; Israel needed not (as Rome at first did) to be thus peopled. But, 1. They must not deliver up the trembling servant to his enraged master, till upon trial it appeared that the servant has wronged his master and was justly liable to punishment. Note, It is an honourable thing to shelter and protect the weak, provided they be not wicked. God allows his people to patronise the oppressed. The angel bid Hagar return to her mistress, and Paul sent Onesimus back to his master Philemon, because they had neither of them any cause to go away, nor was either of them exposed to any danger in returning. But the servant here is supposed to escape, that is, to run for his life, to the people of Israel, of whom he had heard (as Benhadad of the kings of Israel, Kg1 20:31) that they were a merciful people, to save himself from the fury of a tyrant; and in that case to deliver him up is to throw a lamb into the mouth of a lion. 2. If it appeared that the servant was abused, they must not only protect him, but, supposing him willing to embrace their religion, they must give him all the encouragement that might be to settle among them. Care is taken both that he should not be imposed up on in the place of his settlement - let it be that which he shall choose and where it liketh him best, and that he should not exchange one hard master for many - thou shalt not oppress him. Thus would he soon find a comfortable difference between the land of Israel and other lands, and would choose it to be his rest for ever. Note, Proselytes and converts to the truth should be treated with particular tenderness, that they may have no temptation to return.
II. The land of Israel must be no shelter for the unclean; no whore, no Sodomite, must be suffered to live among them (Plm 1:17, Plm 1:18), neither a whore nor a whoremonger. No houses of uncleanness must be kept either by men or women. Here is, 1. A good reason intimated why there should be no such wickedness tolerated among them: they were Israelites. This seems to have an emphasis laid upon it. For a daughter of Israel to be a whore, or a son of Israel a whoremaster, is to reproach the stock they are come of, the people they belong to, and the God they worship. It is bad in any, but worst in Israelites, a holy nation, Sa2 13:12. 2. A just mark of displeasure put upon this wickedness, that the hire of a whore, that is, the money she gets by her whoring, and the price of a dog, that is, of the Sodomite, pimp, or whoremaster (so I incline to understand it, for such are called dogs, Rev 22:15), the money he gets by his lewd and villainous practices, no part of it shall be brought into the house of the Lord (as the hire of prostitutes among the Gentiles was into their temples) for any vow. This intimates, (1.) That God would not accept of any offering at all from such wicked people; they had nothing to bring an offering of but what they got by their wickedness, and therefore their sacrifice could not but be an abomination to the Lord, Pro 15:8. (2.) That they should not think, by making and paying vows, and bringing offerings to the Lord, to obtain leave to go on in this sin, as (it should seem) some that followed that trade suggested to themselves, when their offerings were admitted. Pro 7:14, Pro 7:15, This day have I paid my vows, therefore came I forth to meet thee. Nothing should be accepted in commutation of penance. (3.) That we cannot honour God with our substance unless it be honestly and honourably come by. It must not only be considered what we give, but how we got it; God hates robbery for burnt-offerings, and uncleanness too.
III. The matter of usury is here settled, Deu 23:19, Deu 23:20. (1.) They must not lend upon usury to an Israelite. They had and held their estates immediately from and under God, who, while he distinguished them from all other people, might have ordered, had he so pleased, that they should have all things in common among themselves; but instead of that, and in token of their joint interest in the good land he had given them, he only appointed them, as there was occasion, to lend to one another without interest, which among them would be little or no loss to the lender, because their land was so divided, their estates were so settled, and there was so little of merchandise among them, that it was seldom or never that they had occasion to borrow any great sums, only what was necessary for the subsistence of their families when the fruits of their ground had met with any disaster, or the like; and, in such a case, for a small matter to insist upon usury would have been very barbarous. Where the borrower gets, or hopes to get, it is just that the lender should share in the gain; but to him that borrows for his necessary food pity must be shown, and we must lend, hoping for nothing again, if we have wherewithal to do it, Luk 6:35. (2.) They might lend upon usury to a stranger, who was supposed to live by trade, and (as we say) by turning the penny, and therefore got by what he borrowed, and came among them in hopes to do so. By this it appears that usury is not in itself oppressive; for they must not oppress a stranger, and yet might exact usury from him.
IV. The performance of the vows wherewith we have bound our souls is here required; and it is a branch of the law of nature, Deu 23:21-23. (1.) We are here left at our liberty whether we will make vows or no: If thou shalt forbear to vow (some particular sacrifice and offering, more than was commanded by the law), it shall be no sin to thee. God had already signified his readiness to accept a free-will offering thus vowed, though it were but a little fine flour (Lev 2:4, etc.), which was encouragement enough to those who were so inclined. But lest the priests, who had the largest share of those vows and voluntary offerings, should sponge upon the people, by pressing it upon them as their duty to make such vows, beyond their ability and inclination, they are here expressly told that it should not be reckoned a sin in them if they did not make any such vows, as it would be if they omitted any of the sacrifices that God had particularly required. For (as bishop Patrick well expresses it) God would have men to be easy in his service, and all their offerings to be free and cheerful. (2.) We are here laid under the highest obligations, when we have made a vow, to perform it, and to perform it speedily: "Thou shalt not be slack to pay it, lest if it be delayed beyond the first opportunity the zeal abate, the vow be forgotten, or something happen to disable thee for the performance of it. That which has gone out of thy lips as a solemn and deliberate vow must not be recalled, but thou shalt keep and perform it, punctually and fully." The rule of the gospel goes somewhat further than this. Co2 9:7, Every one, according as he purposeth in his heart, though it have not gone out of his lips, so let him give. Here is a good reason why we should pay our vows, that if we do not God will require it of us, will surely and severely reckon with us, not only for lying, but for going about to mock him, who cannot be mocked. See Ecc 5:4.
V. Allowance is here given, when they passed through a cornfield or vineyard, to pluck and eat of the corn or grapes that grew by the road-side, whether it was done for necessity or delight, only they must carry none away with them, Deu 23:24, Deu 23:25. Therefore the disciples were not censured for plucking the ears of corn (it was well enough known that the law allowed it), but for doing it on the sabbath day, which the tradition of the elders had forbidden. Now, 1. This law intimated to them what great plenty of corn and wine they should have in Canaan, so much that a little would not be missed out of their fruits: they should have enough for themselves and all their friends. 2. It provided for the support of poor travellers, to relieve the fatigue of their journey, and teaches us to be kind to such. The Jews say, "This law was chiefly intended in favour of labourers, who were employed in gathering in their harvest and vintage; their mouths must not be muzzled any more than that of the ox when he treads out the corn." 3. It teaches us not to insist upon property in a small matter, of which it is easy to say, What is that between me and thee? It was true the grapes which the passenger ate were none of his own, nor did the proprietor give them to him; but the thing was of so small value that he had reason to think were he present, he would not deny them to him, anymore than he himself would grudge the like courtesy, and therefore it was no theft to take them. 4. It used them to hospitality, and teaches us to be ready to distribute, willing to communicate, and not to think every thing lost that is given away. Yet, 4. It forbids us to abuse the kindness of our friends, and to take the advantage of fair concessions to make unreasonable encroachments: we must not draw an ell from those that give but an inch. They may eat of their neighbour's grapes; but it does not therefore follow that they may carry away.

Deuteronomy 23:15, 16

15. Thou shalt not deliver unto his master the servant which is escaped from his master unto thee:

15. Non trades servum domino suo, qui se ad te eripuerit a domino suo.

16. He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not oppress him.

16. Tecum habitabit in medio tui, in loco quem elegerit in una urbium tuarum prout placuerit, nec vim inferes ei.

Although this Law has a tendency to humanity and kindness, it still does not appear to be altogether just. Since many masters oppressed their slaves with tyrannical arrogance, their wickedness rendered it necessary to afford some alleviation to the poor creatures. Thus slaves were permitted to take refuge in temples, and at Rome at the statues of the Caesars, so that if they proved themselves to have been treated with injustice and inhumanity, they might, when their case was proved, be transferred by sale to merciful masters. This, indeed, was endurable, but the refuge which is here granted to slaves defrauds their masters of their just right; since, without their case being heard, they have liberty given them to reside in the land of Canaan; thus, too, the law of nations is violated, since the land is opened to every fugitive. Besides, since runaway slaves are generally wicked and criminal, whatever place may be their asylum, it will be filled with many sources of infection. I know not whether there is sufficient foundation for the opinion of some who think that the slaves were exempted by privilege from their former servitude, [49] in order that they might give themselves up to God's service, and that thus true religion might be propagated. It certainly does not seem consistent that filth and refuse of every sort should be received into the Church, because, in the end, it would have been filled with all kinds of corruptions; and besides, it was by no means decorous that whatever crime had been elsewhere committed should be sheltered under God's name. For, suppose a thief, or an adulterer, or a murderer, should leave his master, and seek for an asylum in the Holy Land, what else would it have been to receive and protect such guests, but to overthrow law and justice, and to set up a state of foul barbarism? I think, therefore, that more is to be understood than the words express, viz., that, if it should be found that the slaves had not fled in consequence of their own evil doings, but on account of the excessive cruelty of their masters, the people should not drive them away, which would have been tantamount to giving them up to butchery. And, in fact, it may be inferred that judicial proceedings were to be instituted, because a choice is given as to the city in which they prefer to dwell.

Religion, indeed, stood them in some stead, because those who sought a place and home in the land of Canaan, were obliged to dedicate themselves to God, and to be initiated in His worship; still, God would never have allowed His name to be profaned by the reception of wicked persons without discrimination. Wherefore, as I briefly slated before, God inculcates humanity upon His people, lest, by the extradition of fugitive slaves, they should be necessary to the cruelty of others; because their masters would have been their executioners; and, since lie forbids the people from ill-treating them, He implies, by these words, that He only so far provides for the safety of these wretched beings, as to allow them to defend their innocence in a court of justice; wherefore I have thought fit to place this law amongst the Supplements of the Sixth Commandment.

Footnotes:

[49] "The Chaldee addeth, a servant of the peoples, i.e., of the Gentiles, who for the religion of God cometh from his master to the Church of Israel. This servant that fleeth to the land (of Israel) he is a righteous stranger, (that is, a proselyte come unto the faith and covenant of God,) saith Maimony." -- Ainsworth in loco.

He shall dwell in thee, even among you,.... This seems to confirm the sense of it, being a stranger, a: proselyte servant that is here spoken of, since the law provides for his dwelling among the Israelites:

in that place he shall choose, in one of thy gates, where it liketh him best: he was not to be detained by the person that took him up in his own house, or be obliged to dwell in any certain place under, a restraint, but he might take up his abode in any of the cities of Israel, which would be most for his good, profit, and advantage:

thou shalt not oppress him; by words, as the Targum of Jonathan adds,"calling him a fugitive servant, or by any opprobrious name.''

Taking advantage from his low and afflicted condition to be unreasonable or injurious to him.

Toleration and Non-Toleration in the Congregation of the Lord. - Deu 23:15, Deu 23:16. A slave who had escaped from his master to Israel was not to be given up, but to be allowed to dwell in the land, wherever he might choose, and not to be oppressed. The reference is to a slave who had fled to them from a foreign country, on account of the harsh treatment which he had received from his heathen master. The plural `adoniym denotes the rule.