1 If one be found slain in the land which Jehovah thy God giveth thee to possess, lying in the field, [and] it be not known who hath smitten him,
2 then thine elders and thy judges shall go forth, and they shall measure unto the cities which are round about him that is slain;
3 and the city that is nearest unto him that is slain, even the elders of that city shall take a heifer that hath not been wrought with, that hath not drawn in the yoke;
4 and the elders of that city shall bring down the heifer unto an ever-flowing watercourse, which is not tilled, nor is it sown, and shall break the heifer's neck there in the watercourse;
5 and the priests the sons of Levi shall come near; for them Jehovah thy God hath chosen to do service unto him, and to bless in the name of Jehovah; and according to their word shall be every controversy and every stroke.
6 And all the elders of that city, that are nearest unto him that is slain, shall wash their hands over the heifer whose neck is broken in the watercourse,
7 and shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.
8 Forgive thy people Israel, whom thou, Jehovah, hast redeemed, and lay not innocent blood to the charge of thy people Israel; and the blood shall be expiated for them.
9 So shalt thou put away innocent blood from thy midst, when thou shalt do what is right in the eyes of Jehovah.
10 When thou goest forth to war against thine enemies, and Jehovah thy God delivereth them into thy hands, and thou hast taken captives of them,
11 and thou seest among the captives a woman of beautiful form, and hast a desire unto her, and takest her as thy wife;
12 then thou shalt bring her home to thy house; and she shall shave her head, and pare her nails;
13 and she shall put the clothes of her captivity from off her, and shall abide in thy house, and bewail her father and mother a full month, and afterwards thou mayest go in unto her, and be her husband, and she shall be thy wife.
14 And it shall be, if thou have no delight in her, then thou shalt let her go according to her desire; but thou shalt in no wise sell her for money; thou shalt not treat her as a slave, because thou hast humbled her.
15 If a man have two wives, one beloved, and one hated, and they have borne him children, both the beloved and the hated, and the firstborn son be hers that was hated;
16 then it shall be, in the day that he maketh his sons to inherit what he hath, that he may not make the son of the beloved firstborn before the son of the hated, who is the firstborn;
17 but he shall acknowledge as firstborn the son of the hated, by giving him a double portion of all that is found with him; for he is the firstfruits of his vigour: the right of the firstborn is his.
18 If a man have an unmanageable and rebellious son, who hearkeneth not unto the voice of his father, nor unto the voice of his mother, and they have chastened him, but he hearkeneth not unto them;
19 then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;
20 and they shall say unto the elders of his city, This our son is unmanageable and rebellious, he hearkeneth not unto our voice; he is a profligate and a drunkard.
21 And all the men of his city shall stone him with stones, that he die. And thou shalt put evil away from thy midst; and all Israel shall hear and fear.
22 And if a man have committed a sin worthy of death, and he be put to death, and thou have hanged him on a tree,
23 his body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is a curse of God); and thou shalt not defile thy land, which Jehovah thy God giveth thee for an inheritance.
Worthy.Bible » Commentaries » Commentary Critical and Explanatory on the Whole Bible » Commentary on Deuteronomy 21
Commentary on Deuteronomy 21 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 21
De 21:1-9. Expiation of Uncertain Murder.
1-6. If one be found slain … lying in the field, and it be not known who hath slain him—The ceremonies here ordained to be observed on the discovery of a slaughtered corpse show the ideas of sanctity which the Mosaic law sought to associate with human blood, the horror which murder inspired, as well as the fears that were felt lest God should avenge it on the country at large, and the pollution which the land was supposed to contract from the effusion of innocent, unexpiated blood. According to Jewish writers, the Sanhedrin, taking charge of such a case, sent a deputation to examine the neighborhood. They reported to the nearest town to the spot where the body was found. An order was then issued by their supreme authority to the elders or magistrates of that town, to provide the heifer at the civic expense and go through the appointed ceremonial. The engagement of the public authorities in the work of expiation, the purchase of the victim heifer, the conducting it to a "rough valley" which might be at a considerable distance, and which, as the original implies, was a wady, a perennial stream, in the waters of which the polluting blood would be wiped away from the land, and a desert withal, incapable of cultivation; the washing of the hands, which was an ancient act symbolical of innocence—the whole of the ceremonial was calculated to make a deep impression on the Jewish, as well as on the Oriental, mind generally; to stimulate the activity of the magistrates in the discharge of their official duties; to lead to the discovery of the criminal, and the repression of crime.
De 21:10-23. The Treatment of a Captive Taken to Wife.
10-14. When thou goest to war … and seest among the captives a beautiful woman … that thou wouldest have her to thy wife—According to the war customs of all ancient nations, a female captive became the slave of the victor, who had the sole and unchallengeable control of right to her person. Moses improved this existing usage by special regulations on the subject. He enacted that, in the event that her master was captivated by her beauty and contemplated a marriage with her, a month should be allowed to elapse, during which her perturbed feelings might be calmed, her mind reconciled to her altered condition, and she might bewail the loss of her parents, now to her the same as dead. A month was the usual period of mourning with the Jews, and the circumstances mentioned here were the signs of grief—the shaving of the head, the allowing the nails to grow uncut, the putting off her gorgeous dress in which ladies, on the eve of being captured, arrayed themselves to be the more attractive to their captors. The delay was full of humanity and kindness to the female slave, as well as a prudential measure to try the strength of her master's affections. If his love should afterwards cool and he become indifferent to her person, he was not to lord it over her, neither to sell her in the slave market, nor retain her in a subordinate condition in his house; but she was to be free to go where her inclinations led her.
15-17. If a man have two wives, one beloved, and another hated—In the original and all other translations, the words are rendered "have had," referring to events that have already taken place; and that the "had" has, by some mistake, been omitted in our version, seems highly probable from the other verbs being in the past tense—"hers that was hated," not "hers that is hated"; evidently intimating that she (the first wife) was dead at the time referred to. Moses, therefore, does not here legislate upon the case of a man who has two wives at the same time, but on that of a man who has married twice in succession, the second wife after the decease of the first; and there was an obvious necessity for legislation in these circumstances; for the first wife, who was hated, was dead, and the second wife, the favorite, was alive; and with the feelings of a stepmother, she would urge her husband to make her own son the heir. This case has no bearing upon polygamy, which there is no evidence that the Mosaic code legalized.
18-21. If a man have a stubborn and rebellious son—A severe law was enacted in this case. But the consent of both parents was required as a prevention of any abuse of it; for it was reasonable to suppose that they would not both agree to a criminal information against their son except from absolute necessity, arising from his inveterate and hopeless wickedness; and, in that view, the law was wise and salutary, as such a person would be a pest and nuisance to society. The punishment was that to which blasphemers were doomed [Le 24:23]; for parents are considered God's representatives and invested with a portion of his authority over their children.
22, 23. if a man have committed a sin … and thou hang him on a tree—Hanging was not a Hebrew form of execution (gibbeting is meant), but the body was not to be left to rot or be a prey to ravenous birds; it was to be buried "that day," either because the stench in a hot climate would corrupt the air, or the spectacle of an exposed corpse bring ceremonial defilement on the land.