In this chapter we have a law concerning vows,
which had been mentioned in the close of the foregoing chapter. I.
Here is a general rule laid down that all vows must be carefully
performed,
1 And Moses spake unto the heads of the tribes concerning the children of Israel, saying, This is the thing which the Lord hath commanded. 2 If a man vow a vow unto the Lord, or swear an oath to bind his soul with a bond; he shall not break his word, he shall do according to all that proceedeth out of his mouth.
This law was delivered to the heads of the tribes that they might instruct those who were under their charge, explain the law to them, give then necessary cautions, and call them to account, if there were occasion, for the breach of their vows. Perhaps the heads of the tribes had, upon some emergency of this kind, consulted Moses, and desired by him to know the mind of God, and here they are told it: This is the thing which the Lord has commanded concerning vows, and it is a command still in force.
1. The case supposed is that a person vows
a vow unto the Lord, making God a party to the promise, and
designing his honour and glory in it. The matter of the vow is
supposed to be something lawful: no man can be by his own promise
bound to do that which he is already by the divine precept
prohibited from doing. Yet it is supposed to be something which, in
such and such measures and degrees, was not a necessary duty
antecedent to the vow. A person might vow to bring such and such
sacrifices at certain times, to give such and such a sum or such a
proportion in alms, to forbear such meats and drinks which the law
allowed, to fast and afflict the soul (which is specified
3 If a woman also vow a vow unto the Lord, and bind herself by a bond, being in her father's house in her youth; 4 And her father hear her vow, and her bond wherewith she hath bound her soul, and her father shall hold his peace at her: then all her vows shall stand, and every bond wherewith she hath bound her soul shall stand. 5 But if her father disallow her in the day that he heareth; not any of her vows, or of her bonds wherewith she hath bound her soul, shall stand: and the Lord shall forgive her, because her father disallowed her. 6 And if she had at all an husband, when she vowed, or uttered ought out of her lips, wherewith she bound her soul; 7 And her husband heard it, and held his peace at her in the day that he heard it: then her vows shall stand, and her bonds wherewith she bound her soul shall stand. 8 But if her husband disallowed her on the day that he heard it; then he shall make her vow which she vowed, and that which she uttered with her lips, wherewith she bound her soul, of none effect: and the Lord shall forgive her. 9 But every vow of a widow, and of her that is divorced, wherewith they have bound their souls, shall stand against her. 10 And if she vowed in her husband's house, or bound her soul by a bond with an oath; 11 And her husband heard it, and held his peace at her, and disallowed her not: then all her vows shall stand, and every bond wherewith she bound her soul shall stand. 12 But if her husband hath utterly made them void on the day he heard them; then whatsoever proceeded out of her lips concerning her vows, or concerning the bond of her soul, shall not stand: her husband hath made them void; and the Lord shall forgive her. 13 Every vow, and every binding oath to afflict the soul, her husband may establish it, or her husband may make it void. 14 But if her husband altogether hold his peace at her from day to day; then he establisheth all her vows, or all her bonds, which are upon her: he confirmeth them, because he held his peace at her in the day that he heard them. 15 But if he shall any ways make them void after that he hath heard them; then he shall bear her iniquity. 16 These are the statutes, which the Lord commanded Moses, between a man and his wife, between the father and his daughter, being yet in her youth in her father's house.
It is here taken for granted that all such persons as are sui juris—at their own disposal, and are likewise of sound understanding and memory, are bound to perform whatever they vow that is lawful and possible; but, if the person vowing be under the dominion and at the disposal of another, the case is different. Two cases much alike are here put and determined:—
I. The case of a daughter in her father's
house: and some think, probably enough, that it extends to a son
likewise, while he is at home with his father, and under tutors and
governors. Whether the exception may thus be stretched I cannot
say. Non est distinguendum, ubi lex non distinguit—We are not
allowed to make distinctions which the law does not. The rule
is general, If a man vow, he must pay. But for a daughter it is
express: her vow is nugatory or in suspense till her father knows
it, and (it is supposed) knows it from her; for, when it comes to
his knowledge, it is in his power either to ratify or nullify it.
But in favour of the vow, 1. Even his silence shall suffice to
ratify it: If he hold his peace, her vows shall stand,
II. The case of a wife is much the same. As
for a woman that is a widow or divorced, she has neither father nor
husband to control her, so that, whatever vows she binds her soul
with, they shall stand against her (