In this passage, we conclude the commentary of Moses on applications of the sixth commandment. In some fashion or other, all these commands concern a respect for life. And in all these commandments, we see the glory of biblical wisdom. Thou shalt not see thy brother’s ox or his sheep go astray . . . (Deuteronomy 22:1-8)
When you find a lost animal, return it to the owner (v. 1). If you do not know the owner, or he lives too far away, then you take care of the animal until a return is feasible (v. 2). Lest you begin to chop logic and say in your heart that a wallet is not a donkey, this is to be taken as a paradigm law (v. 3). If you see his animal collapsed under a burden, you are obligated to help (v. 4). In verse 5, we have a prohibition of gender confusion given in the strongest terms. When you stumble across a bird’s nest, you may take the young, but not the mother, and this is a commandment with a promise (vv. 6-7). A man who refuses to take reasonable precautions in the building of his house is liable for any loss of life or limb (v. 8).
Biblical law includes provisions for the lost and found. The Bible rejects a finders/keepers mentality (v. 1). The law here applies—whether you know the one who lost the item, whether you do not, or whether he is a personal enemy (Ex. 23:4-5). The law still applies (Matt. 5:44). Notice also how this law contains a host of intangibles, and is disobeyed through doing nothing, or ignoring a situation. We see this same biblical emphasis in the parable of the Good Samaritan (Luke 10:30-35). While God is concerned for more than just the animals in this instance, we cannot forget His concern for them (Prov. 12:10). And godly regard for the plight of others represents a righteous cast of mind. The wicked pretend not to see what they see (Prov. 29:7). And if we are to have this kind of concern for animals, how much more should we be concerned for those around us who are lost (1 Pet. 2:25).
The passage then turns to gender confusion. The law in verse 5 is pointed, very clear, and largely ignored in our day. Two things are prohibited. One is the sin of transvestitism, where a man dresses effeminately in the clothing of a woman. Garments are specifically mentioned. But this is a law which does not have a reciprocal prohibition between the sexes. Women are prohibited from wearing, not the clothes of a man, but the “things pertaining to a man.” The phrase keli geber refers to weapons, tools, and other things peculiarly masculine. The phrase encompasses football cleats, boxing gloves, a telephone lineman’s tool belt, and a policeman’s sidearm. The application to women in combat is pointed and clear. And Christian parents must note that one place where this particular abomination is currently being pushed is in the realm of women’s athletics. We need to remember to have regard for seemliness according to nature (1 Cor. 11: 13-14). Never forget that how we dress matters to God (Ps. 132: 9, 16; Rev. 3:18).
Next is a conservationist law. Although there are humanitarian laws concerning animals in the Bible (see above), this does not appear to be one of them, at least not in its primary application. The concern appears to be one of stewardship of the land. Taking all the birds is short-term thinking. Taking just the mother would cause the young to die from neglect. Taking the young only is a way of keep the land replenished with game fowl. And of course the principle applies (in different ways) to different kinds of game. This also is a command with a promise. But with this command (and the next one) enforcement is not anticipatory.
Then there is a law that assigns bloodguilt for negligence. A parapet around the roof of the house was necessary according to the law, and thus we have a biblical building code (v. 8). If the parapet was not there, bloodguilt could be assigned after the fact. The same would go for other forms of neglect—faulty wiring, failing to shovel a walk, having no fence around a well.
The applications are basic. First we must pay attention to sins of omission—this biblical emphasis drives wooden legalists crazy. Hustle to help, and figure out what that means. Second, we must recover an understanding of the glory of sexuality—we must repent of our confusion over what it means to be men and women. And last, we must understand the role and place of the magistrate—we are to be reformers, not reactionaries.