By heaven. The Talmndists affirm that an oath "by heaven" or "by earth" was not binding, on the ground, probably, that these were mere creatures. Christ again dissipates such sophistries. To swear by the creature is virtually to swear by the Creator. A brute, inanimate thing cannot be witness to an oath; he alone can be appealed to who owns all. Thus we "kiss the book," calling God to witness our words. Christ had already given a lesson to his followers on this subject in the sermon on the mount (Matthew 5:34-37). He inculcates true reverence, that fear and awe of God's dignity and God's presence which constrains a man to avoid all profaneness and carelessness in regard to things that are concerned with God.
Fifth woe—against scrupulosity in trifles and neglect of weighty duties (Luke 11:42). Ye pay tithe of ( ἀποδεκατοῦτε, ye tithe) mint and anise and cummin. Practically, the law of tithe was enforced only in the case of the produce mentioned in Deuteronomy 14:23—corn, wine, and oil—but the Pharisees, in their overstrained scrupulosity, applied the law of Le 27:30 ("all the tithe of the land, whether of the seed of the land or of the fruit of the tree, is the Lord's") to the smallest pot herbs, even to their leaves and stalks. "Mint" ( ἡδυ ìοσμον). Of this well known plant several species grow in Palestine; it was one of the ingredients of the sauce of bitter herbs eaten at the Paschal feast (Exodus 12:8), and was hung up in the synagogue for its fragrance. "Anise" ( ἀ ìνηθον) is known to us as "dill," and is much used in medicine and for seasoning. "Cummin" ( κυ ìμινον) (Isaiah 28:25, Isaiah 28:27), an umbelliferous plant, with seeds something like caraways, and used, like them, as a condiment and medicine. Have emitted the weightier matters of the Law. The Pharisees were very far from treating important duties with the same scrupulosity which they observed in little matters. Christ particularizes these weighty duties: Judgment, (and) mercy, and faith. Three are named, in contrast to the three petty observances mentioned above. Christ seems to refer to the words of Micah 6:8, "What doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?" (see also Hosea 12:6; Zechariah 7:9, Zechariah 7:10). Worthless are all outward observances when the moral precepts are neglected. "Judgment" ( τη Ìν κρι ìσιν) means acting equitably to one's neighbour, hurting nobody by word or deed; as in Jeremiah 5:1 a man is sought "that exerciseth justice.'" Such impartiality is specially enjoined in the Law (Deuteronomy 16:19, etc.). "Mercy," loving kindness in conduct, often taught in the Pentateuch, as in the case of the widow, the stranger, and the debtor, and very different from the feeling of those who "devour widows' houses." "Faith" may mean fidelity to promises: "He that sweareth unto his neighbour and disappointeth him not, though it were to his own hindrance" (Psalms 15:4); but it is more probably taken as that belief in God without which it is not possible to please him, and which should underlie and influence all moral action (Hebrews 11:6). These ( ταῦτα)… the other ( ἐκεῖνα). "These last" are judgment, mercy, and faith; these it was your duty to have done. "The other" refers to the tithing mentioned above. Christ does not censure this attention to minutiae. He would teach conformity to regulations made by competent authority, or conscientiously felt to be binding, even though not distinctly enjoined in Scripture (see Jeremiah 5:2, Jeremiah 5:3); his blame is reserved for that expenditure of zeal on trifles which stood in the place of, or left no strength for, higher duties. It was a very elastic conscience which tithed a pot herb and neglected judgment. Strain at a gnat; διαλι ìζοντες το Ìν κω ìνωπα. "At" is supposed to be a misprint for "out." Thus Revised Version, and early English versions, which strain out the gnat; Vulgate, excolantes culicem. Alford thinks the present reading was an intentional alteration, meaning "strain (out the wine) at (the occurrence of) a gnat"—which seems more ingenious than probable. If "at" be retained, it must be taken as expressive of the fastidiousness which had to make a strong effort to overcome its distaste at this little insect. The wine, before drinking, was carefully strained through linen to avoid the accidental violation of Le Jeremiah 11:20, Jeremiah 11:23, etc.; Jeremiah 17:10-14, by swallowing an unclean insect. The practice, which was in some sense a religious act, is found among the Buddhists in Hindostan and Ceylon, either to avoid pollution or to obviate the danger of taking life, which their code forbids. A (the) camel. The gnat and the camel, which were alike unclean, stand at the extremities of the scale of comparative size. Our Lord uses a proverbial expression to denote the inconsistency which would avoid the smallest ceremonial defilement, but would take no account of the gravest moral pollution.