Moses in the law ... - The punishment of adultery commanded by Moses was death, Leviticus 20:10; Deuteronomy 22:22. The particular manner of the death was not specified in the law. The Jews had themselves, in the time of Christ, determined that it should be by stoning. See this described in the notes at Matthew 21:35, Matthew 21:44. The punishment for adultery varied. In some cases it was strangling. In the time of Ezekiel EZechariah 16:38-40 it was stoning and being thrust through with a sword. If the adulteress was the daughter of a priest, the punishment was being burned to death.

That such should be stoned - It is not strictly true that Moses ordered adultery in general to be punished by stoning. The law simply says that the adulterer and the adulteress shall be put to death. Leviticus 20:10; Deuteronomy 22:22. The rabbins say they were strangled. This they affirm was the ordinary mode of punishment, where the species of death was not marked in the law, If the person guilty of an act of this kind had been betrothed, but not married, she was to be stoned: Deuteronomy 22:23. But if she was the daughter of a priest, she was to be burned alive: Leviticus 16:9. It appears, from Ezekiel 16:38, Ezekiel 16:40, that adulteresses in the time of that prophet were stoned, and pierced with a sword.

Selden and Fagius suppose that this woman's case was the same with that mentioned, Deuteronomy 22:23. If a damsel that is a virgin be betrothed unto a husband, and a man find her in the city, and lie with her; then ye shall stone them with stones that they die, the damsel because she cried not, and the man because he hath humbled his neighbors wife. As the Pharisees spoke of stoning the woman, it is possible this was her case; and some suppose that the apparent indulgence with which our Lord treated her insinuates that she had suffered some sort of violence, though not entirely innocent. Therefore he said, I do not condemn thee, i.e. to death, because violence had been used. Sin no more. Nevertheless thou art in certain respects guilty; thou mightest have made more resistance.

Now Moses in the law commanded us, that such should, be stoned,.... Not in Leviticus 20:10; for though according to the law there, an adulteress, one that was a married woman, and so an adulterer, that was a married man, were to be put to death; yet the death was not stoning, but strangling; for it is a rule with the Jews (g), that where death is simply mentioned (without restraining it to any particular kind) strangling is intended, and which rule they apply to this law: and accordingly in their Misna, or oral law, one that lies with another man's wife, is reckoned among those that are to be strangled (h): Kimchi indeed says (i), that adulteresses, according to the law, are to be stoned with stones; but then this must be understood of such as are betrothed, but not married; and such a person, Moses has commanded in the law, to be stoned, Deuteronomy 22:23. And with this agree the traditions of the Jews (k);

"a daughter of Israel must be stoned, who is , "betrothed, but not married".''

And such an one we must believe this woman was; she was betrothed to a man, but not married to him, and therefore to be stoned: the Jews (l) have also a saying, that

"if all adulterers were punished with stoning, according to the law, the stones would be consumed; but they would not be consumed;''

adultery was so common with that people:

but what sayest thou? dost thou agree with Moses, or not?

(g) Maimon. Hilchot Issure Bia, c. 1. sect. 6. (h) Misn. Sanhedrin, c. 10. sect. 1.((i) In Ezekiel 16.40. (k) T. Bab. Sanhedrin, fol. 51. 2.((l) Apud Castell. Lex. Polyglott, col. 2180.

Now Moses in the law commanded us, that such should be stoned: but what sayest thou?

8:5 Moses in the law commanded us. See De 22:22 Le 20:10.

8:5 Moses hath commanded us to stone such - If they spoke accurately, this must have been a woman, who, having been betrothed to a husband, had been guilty of this crime before the marriage was completed; for such only Moses commanded to be stoned. He commanded indeed that other adulteresses should be put to death; but the manner of death was not specified. Deut 22:23.

8:1-11 Christ neither found fault with the law, nor excused the prisoner's guilt; nor did he countenance the pretended zeal of the Pharisees. Those are self-condemned who judge others, and yet do the same thing. All who are any way called to blame the faults of others, are especially concerned to look to themselves, and keep themselves pure. In this matter Christ attended to the great work about which he came into the world, that was, to bring sinners to repentance; not to destroy, but to save. He aimed to bring, not only the accused to repentance, by showing her his mercy, but the prosecutors also, by showing them their sins; they thought to insnare him, he sought to convince and convert them. He declined to meddle with the magistrate's office. Many crimes merit far more severe punishment than they meet with; but we should not leave our own work, to take that upon ourselves to which we are not called. When Christ sent her away, it was with this caution, Go, and sin no more. Those who help to save the life of a criminal, should help to save the soul with the same caution. Those are truly happy, whom Christ does not condemn. Christ's favour to us in the forgiveness of past sins should prevail with us, Go then, and sin no more.