1 If one be found slain in the land which the LORD thy God giveth thee to possess it, lying in the field, and it be not known who hath slain him:
2 Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:
3 And it shall be, that the city which is next unto the slain man, even the elders of that city shall take an heifer, which hath not been wrought with, and which hath not drawn in the yoke;
4 And the elders of that city shall bring down the heifer unto a rough valley, which is neither eared nor sown, and shall strike off the heifer's neck there in the valley:
5 And the priests the sons of Levi shall come near; for them the LORD thy God hath chosen to minister unto him, and to bless in the name of the LORD; and by their word shall every controversy and every stroke be tried:
6 And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley:
7 And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.
8 Be merciful, O LORD, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them.
9 So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the LORD.
10 When thou goest forth to war against thine enemies, and the LORD thy God hath delivered them into thine hands, and thou hast taken them captive,
11 And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife;
12 Then thou shalt bring her home to thine house, and she shall shave her head, and pare her nails;
13 And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt 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 whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her.
15 If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated:
16 Then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn:
17 But he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.
18 If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken 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 stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.
21 And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear.
22 And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang 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 accursed of God;) that thy land be not defiled, which the LORD thy God giveth thee for an inheritance.
1 If one be found H4672 slain H2491 in the land H127 which the LORD H3068 thy God H430 giveth H5414 thee to possess H3423 it, lying H5307 in the field, H7704 and it be not known H3045 who hath slain H5221 him:
2 Then thy elders H2205 and thy judges H8199 shall come forth, H3318 and they shall measure H4058 unto the cities H5892 which are round about H5439 him that is slain: H2491
3 And it shall be, that the city H5892 which is next H7138 unto the slain man, H2491 even the elders H2205 of that city H5892 shall take H3947 an heifer, H1241 H5697 which hath not been wrought with, H5647 and which hath not drawn H4900 in the yoke; H5923
4 And the elders H2205 of that city H5892 shall bring down H3381 the heifer H5697 unto a rough H386 valley, H5158 which is neither eared H5647 nor sown, H2232 and shall strike off H6202 the heifer's H5697 neck H6202 there in the valley: H5158
5 And the priests H3548 the sons H1121 of Levi H3878 shall come near; H5066 for them the LORD H3068 thy God H430 hath chosen H977 to minister H8334 unto him, and to bless H1288 in the name H8034 of the LORD; H3068 and by their word H6310 shall every controversy H7379 and every stroke H5061 be tried:
6 And all the elders H2205 of that city, H5892 that are next H7138 unto the slain H2491 man, shall wash H7364 their hands H3027 over the heifer H5697 that is beheaded H6202 in the valley: H5158
7 And they shall answer H6030 and say, H559 Our hands H3027 have not shed H8210 this blood, H1818 neither have our eyes H5869 seen H7200 it.
8 Be merciful, H3722 O LORD, H3068 unto thy people H5971 Israel, H3478 whom thou hast redeemed, H6299 and lay H5414 not innocent H5355 blood H1818 unto thy people H5971 of Israel's H3478 charge. H7130 And the blood H1818 shall be forgiven H3722 them.
9 So shalt thou put away H1197 the guilt of innocent H5355 blood H1818 from among H7130 you, when thou shalt do H6213 that which is right H3477 in the sight H5869 of the LORD. H3068
10 When thou goest forth H3318 to war H4421 against thine enemies, H341 and the LORD H3068 thy God H430 hath delivered H5414 them into thine hands, H3027 and thou hast taken H7617 them captive, H7628
11 And seest H7200 among the captives H7633 a beautiful H8389 H3303 woman, H802 and hast a desire H2836 unto her, that thou wouldest have her H3947 to thy wife; H802
12 Then thou shalt bring H935 her home H8432 to thine house; H1004 and she shall shave H1548 her head, H7218 and pare H6213 her nails; H6856
13 And she shall put H5493 the raiment H8071 of her captivity H7628 from off her, and shall remain H3427 in thine house, H1004 and bewail H1058 her father H1 and her mother H517 a full H3117 month: H3391 and after H310 that thou shalt go H935 in unto her, and be her husband, H1166 and she shall be thy wife. H802
14 And it shall be, if thou have no delight H2654 in her, then thou shalt let her go H7971 whither she will; H5315 but thou shalt not sell H4376 her at all H4376 for money, H3701 thou shalt not make merchandise H6014 of her, because H834 thou hast humbled H6031 her.
15 If a man H376 have two H8147 wives, H802 one H259 beloved, H157 and another H259 hated, H8130 and they have born H3205 him children, H1121 both the beloved H157 and the hated; H8130 and if the firstborn H1060 son H1121 be hers that was hated: H8146
16 Then it shall be, when H3117 he maketh his sons H1121 to inherit H5157 that which he hath, that he may H3201 not make the son H1121 of the beloved H157 firstborn H1069 before H6440 the son H1121 of the hated, H8130 which is indeed the firstborn: H1060
17 But he shall acknowledge H5234 the son H1121 of the hated H8130 for the firstborn, H1060 by giving H5414 him a double H8147 portion H6310 of all that he hath: H4672 for he is the beginning H7225 of his strength; H202 the right H4941 of the firstborn H1062 is his.
18 If a man H376 have a stubborn H5637 and rebellious H4784 son, H1121 which will not obey H8085 the voice H6963 of his father, H1 or the voice H6963 of his mother, H517 and that, when they have chastened H3256 him, will not hearken H8085 unto them:
19 Then shall his father H1 and his mother H517 lay hold H8610 on him, and bring him out H3318 unto the elders H2205 of his city, H5892 and unto the gate H8179 of his place; H4725
20 And they shall say H559 unto the elders H2205 of his city, H5892 This our son H1121 is stubborn H5637 and rebellious, H4784 he will not obey H8085 our voice; H6963 he is a glutton, H2151 and a drunkard. H5433
21 And all the men H582 of his city H5892 shall stone H7275 him with stones, H68 that he die: H4191 so shalt thou put H1197 evil H7451 away H1197 from among H7130 you; and all Israel H3478 shall hear, H8085 and fear. H3372
22 And if a man H376 have committed a sin H2399 worthy of H4941 death, H4194 and he be to be put to death, H4191 and thou hang H8518 him on a tree: H6086
23 His body H5038 shall not remain all night H3885 upon the tree, H6086 but thou shalt in any wise H6912 bury H6912 him that day; H3117 (for he that is hanged H8518 is accursed H7045 of God;) H430 that thy land H127 be not defiled, H2930 which the LORD H3068 thy God H430 giveth H5414 thee for an inheritance. H5159
1 If one be found slain in the land which Jehovah thy God giveth thee to possess it, lying in the field, and it be not known who hath smitten him;
2 then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:
3 and it shall be, that the city which is nearest unto the slain man, even the elders of that city shall take a heifer of the herd, which hath not been wrought with, and which hath not drawn in the yoke;
4 and the elders of that city shall bring down the heifer unto a valley with running water, which is neither plowed nor sown, and shall break the heifer's neck there in the valley.
5 And the priests the sons of Levi shall come near; for them Jehovah thy God hath chosen to minister unto him, and to bless in the name of Jehovah; and according to their word shall every controversy and every stroke be.
6 And all the elders of that city, who are nearest unto the slain man, shall wash their hands over the heifer whose neck was broken in the valley;
7 and they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.
8 Forgive, O Jehovah, thy people Israel, whom thou hast redeemed, and suffer not innocent blood `to remain' in the midst of thy people Israel. And the blood shall be forgiven them.
9 So shalt thou put away the innocent blood from the midst of thee, when thou shalt do that which is right in the eyes of Jehovah.
10 When thou goest forth to battle against thine enemies, and Jehovah thy God delivereth them into thy hands, and thou carriest them away captive,
11 and seest among the captives a beautiful woman, and thou hast a desire unto her, and wouldest take her to thee to 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 raiment of her captivity from off her, and shall remain in thy house, and bewail her father and her mother a full month: and after that thou shalt 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 whither she will; but thou shalt not sell her at all for money, thou shalt not deal with her as a slave, because thou hast humbled her.
15 If a man have two wives, the one beloved, and the other hated, and they have borne him children, both the beloved and the hated; and if the first-born son be hers that was hated;
16 then it shall be, in the day that he causeth his sons to inherit that which he hath, that he may not make the son of the beloved the first-born before the son of the hated, who is the first-born:
17 but he shall acknowledge the first-born, the son of the hated, by giving him a double portion of all that he hath; for he is the beginning of his strength; the right of the first-born is his.
18 If a man have a stubborn and rebellious son, that will not obey the voice of his father, or the voice of his mother, and, though they chasten him, will not hearken 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 stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.
21 And all the men of his city shall stone him to death with stones: so shalt thou put away the evil from the midst of thee; 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 hang him on a tree;
23 his body shall not remain all night upon the tree, but thou shalt surely bury him the same day; for he that is hanged is accursed of God; that thou defile not thy land which Jehovah thy God giveth thee for an inheritance.
1 `When one is found slain on the ground which Jehovah thy God is giving to thee to possess it -- fallen in a field -- it is not known who hath smitten him,
2 then have thine elders and thy judges gone out and measured unto the cities which `are' round about the slain one,
3 and it hath been, the city which `is' near unto the slain one, even the elders of that city have taken a heifer of the herd, which hath not been wrought with, which hath not drawn in the yoke,
4 and the elders of that city have brought down the heifer unto a hard valley, which is not tilled nor sown, and have beheaded there the heifer in the valley.
5 `And the priests, sons of Levi, have come nigh -- for on them hath Jehovah thy God fixed to serve Him, and to bless in the name of Jehovah, and by their mouth is every strife, and every stroke --
6 and all the elders of that city, who are near unto the slain one, do wash their hands over the heifer which is beheaded in the valley,
7 and they have answered and said, Our hands have not shed this blood, and our eyes have not seen --
8 receive atonement for Thy people Israel, whom Thou hast ransomed, O Jehovah, and suffer not innocent blood in the midst of Thy people Israel; and the blood hath been pardoned to them,
9 and thou dost put away the innocent blood out of thy midst, for thou dost that which `is' right in the eyes of Jehovah.
10 `When thou goest out to battle against thine enemies, and Jehovah thy God hath given them into thy hand, and thou hast taken captive its captivity,
11 and hast seen in the captivity a woman of fair form, and hast delighted in her, and hast taken to thee for a wife,
12 then thou hast brought her in unto the midst of thy household, and she hath shaved her head, and prepared her nails,
13 and turned aside the raiment of her captivity from off her, and hath dwelt in thy house, and bewailed her father and her mother a month of days, and afterwards thou dost go in unto her and hast married her, and she hath been to thee for a wife:
14 `And it hath been -- if thou hast not delighted in her, that thou hast sent her away at her desire, and thou dost not at all sell her for money; thou dost not tyrannize over her, because that thou hast humbled her.
15 `When a man hath two wives, the one loved and the other hated, and they have borne to him sons (the loved one and the hated one), and the first-born son hath been to the hated one;
16 then it hath been, in the day of his causing his sons to inherit that which he hath, he is not able to declare first-born the son of the loved one, in the face of the son of the hated one -- the first-born.
17 But the first-born, son of the hated one, he doth acknowledge, to give to him a double portion of all that is found with him, for he `is' the beginning of his strength; to him `is' the right of the first-born.
18 `When a man hath a son apostatizing and rebellious -- he is not hearkening to the voice of his father, and to the voice of his mother, and they have chastised him, and he doth not hearken unto them --
19 then laid hold on him have his father and his mother, and they have brought him out unto the elders of his city, and unto the gate of his place,
20 and have said unto the elders of his city, Our son -- this one -- is apostatizing and rebellious; he is not hearkening to our voice -- a glutton and drunkard;
21 and all the men of his city have stoned him with stones, and he hath died, and thou hast put away the evil out of thy midst, and all Israel do hear and fear.
22 `And when there is in a man a sin -- a cause of death, and he hath been put to death, and thou hast hanged him on a tree,
23 his corpse doth not remain on the tree, for thou dost certainly bury him in that day -- for a thing lightly esteemed of God `is' the hanged one -- and thou dost not defile thy ground which Jehovah thy God is giving to thee -- an inheritance.
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.
1 If one be found slain in the land which Yahweh your God gives you to possess it, lying in the field, and it isn't known who has struck him;
2 then your elders and your judges shall come forth, and they shall measure to the cities which are round about him who is slain:
3 and it shall be, that the city which is nearest to the slain man, even the elders of that city shall take a heifer of the herd, which hasn't been worked with, and which has not drawn in the yoke;
4 and the elders of that city shall bring down the heifer to a valley with running water, which is neither plowed nor sown, and shall break the heifer's neck there in the valley.
5 The priests the sons of Levi shall come near; for them Yahweh your God has chosen to minister to him, and to bless in the name of Yahweh; and according to their word shall every controversy and every stroke be.
6 All the elders of that city, who are nearest to the slain man, shall wash their hands over the heifer whose neck was broken in the valley;
7 and they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.
8 Forgive, Yahweh, your people Israel, whom you have redeemed, and don't allow innocent blood [to remain] in the midst of your people Israel. The blood shall be forgiven them.
9 So shall you put away the innocent blood from the midst of you, when you shall do that which is right in the eyes of Yahweh.
10 When you go forth to battle against your enemies, and Yahweh your God delivers them into your hands, and you carry them away captive,
11 and see among the captives a beautiful woman, and you have a desire to her, and would take her to you as wife;
12 then you shall bring her home to your house; and she shall shave her head, and pare her nails;
13 and she shall put the clothing of her captivity from off her, and shall remain in your house, and bewail her father and her mother a full month: and after that you shall go in to her, and be her husband, and she shall be your wife.
14 It shall be, if you have no delight in her, then you shall let her go where she will; but you shall not sell her at all for money, you shall not deal with her as a slave, because you have humbled her.
15 If a man have two wives, the one beloved, and the other hated, and they have borne him children, both the beloved and the hated; and if the firstborn son be hers who was hated;
16 then it shall be, in the day that he causes his sons to inherit that which he has, that he may not make the son of the beloved the firstborn before the son of the hated, who is the firstborn:
17 but he shall acknowledge the firstborn, the son of the hated, by giving him a double portion of all that he has; for he is the beginning of his strength; the right of the firstborn is his.
18 If a man have a stubborn and rebellious son, who will not obey the voice of his father, or the voice of his mother, and, though they chasten him, will not listen to them;
19 then shall his father and his mother lay hold on him, and bring him out to the elders of his city, and to the gate of his place;
20 and they shall tell the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.
21 All the men of his city shall stone him to death with stones: so shall you put away the evil from the midst of you; and all Israel shall hear, and fear.
22 If a man have committed a sin worthy of death, and he be put to death, and you hang him on a tree;
23 his body shall not remain all night on the tree, but you shall surely bury him the same day; for he who is hanged is accursed of God; that you don't defile your land which Yahweh your God gives you for an inheritance.
1 If, in the land which the Lord your God is giving you, you come across the dead body of a man in the open country, and you have no idea who has put him to death:
2 Then your responsible men and your judges are to come out, and give orders for the distance from the dead body to the towns round about it to be measured;
3 And whichever town is nearest to the body, the responsible men of that town are to take from the herd a young cow which has never been used for work or put under the yoke;
4 And they are to take the cow into a valley where there is flowing water, and which is not ploughed or planted, and there the neck of the cow is to be broken:
5 Then the priests, the sons of Levi, are to come near; for they have been marked out by the Lord your God to be his servants and to give blessings in the name of the Lord; and by their decision every argument and every blow is to be judged:
6 And all the responsible men of that town which is nearest to the dead man, washing their hands over the cow whose neck was broken in the valley,
7 Will say, This death is not the work of our hands and our eyes have not seen it.
8 Have mercy, O Lord, on your people Israel whom you have made free, and take away from your people the crime of a death without cause. Then they will no longer be responsible for the man's death.
9 So you will take away the crime of a death without cause from among you, when you do what is right in the eyes of the Lord.
10 When you go out to war against other nations, and the Lord your God gives them up into your hands and you take them as prisoners;
11 If among the prisoners you see a beautiful woman and it is your desire to make her your wife;
12 Then take her back to your house; and let her hair and her nails be cut;
13 And let her take off the dress in which she was made prisoner and go on living in your house and weeping for her father and mother for a full month: and after that you may go in to her and be her husband and she will be your wife.
14 But if you have no delight in her, you are to let her go wherever she will; you may not take a price for her as if she was your property, for you have made use of her for your pleasure.
15 If a man has two wives, one greatly loved and the other hated, and the two of them have had children by him; and if the first son is the child of the hated wife:
16 Then when he gives his property to his sons for their heritage, he is not to put the son of his loved one in the place of the first son, the son of the hated wife:
17 But he is to give his first son his birthright, and twice as great a part of his property: for he is the first-fruits of his strength and the right of the first son is his.
18 If a man has a son who is hard-hearted and uncontrolled, who gives no attention to the voice of his father and mother, and will not be ruled by them, though they give him punishment:
19 Then let his father and mother take him to the responsible men of the town, to the public place;
20 And say to them, This son of ours is hard-hearted and uncontrolled, he will not give attention to us; he gives himself up to pleasure and strong drink.
21 Then he is to be stoned to death by all the men of the town: so you are to put away the evil from among you; and all Israel, hearing of it, will be full of fear.
22 If a man does a crime for which the punishment is death, and he is put to death by hanging him on a tree;
23 Do not let his body be on the tree all night, but put it to rest in the earth the same day; for the man who undergoes hanging is cursed by God; so do not make unclean the land which the Lord your God is giving you for your heritage.
Worthy.Bible » Commentaries » Keil & Delitzsch Commentary » Commentary on Deuteronomy 21
Commentary on Deuteronomy 21 Keil & Delitzsch Commentary
The reason for grouping together these five laws, which are apparently so different from one another, as well as for attaching them to the previous regulations, is to be found in the desire to bring out distinctly the sacredness of life and of personal rights from every point of view, and impress it upon the covenant nation.
Deuteronomy 21:1-2
Expiation of a Murder Committed by an Unknown Hand. - Deuteronomy 21:1 and Deuteronomy 21:2. If any one was found lying in a field in the land of Israel ( נפל fallen, then lying, Judges 3:25; Judges 4:22), having been put to death without its being known who had killed him ( וגו נודע לא , a circumstantial clause, attached without a copula, see Ewald , §341, b . 3), the elders and judges, sc., of the neighbouring towns, - the former as representatives of the communities, the latter as administrators of right, - were to go out and measure to the towns which lay round about the slain man, i.e., measure the distance of the body from the towns that were lying round about, to ascertain first of all which was the nearest town.
Deuteronomy 21:3-4
This nearest town was then required to expiate the blood-guiltiness, not only because the suspicion of the crime or of participation in the crime fell soonest upon it, but because the guilt connected with the shedding of innocent blood rested as a burden upon it before all others. To this end the elders were to take a heifer (young cow), with which no work had ever been done, and which had not yet drawn in the yoke, i.e., whose vital force had not been diminished by labour (see at Numbers 19:2), and bring it down into a brook-valley with water constantly flowing, and there break its neck. The expression, “ it shall be that the city ,” is more fully defined by “ the elders of the city shall take .” The elders were to perform the act of expiation in the name of the city. As the murderer was not to be found, an animal was to be put to death in his stead, and suffer the punishment of the murderer. The slaying of the animal was not an expiatory sacrifice, and consequently there was no slaughtering and sprinkling of the blood; but, as the mode of death, viz., breaking the neck (vid., Exodus 13:13), clearly shows, it was a symbolical infliction of the punishment that should have been borne by the murderer, upon the animal which was substituted for him. To be able to take the guilt upon itself and bear it, the animal was to be in the full and undiminished possession of its vital powers. The slaying was to take place in a איתן נחל , a valley with water constantly flowing through it, which was not worked (cultivated) and sown. This regulation as to the locality in which the act of expiation was to be performed was probably founded upon the idea, that the water of the brook-valley would suck in the blood and clean it away, and that the blood sucked in by the earth would not be brought to light again by the ploughing and working of the soil.
Deuteronomy 21:5
The priests were to come near during this transaction; i.e., some priests from the nearest Levitical town were to be present at it, not to conduct the affair, but as those whom Jehovah had chosen to serve Him and to bless in His name (cf. Deuteronomy 13:5), and according to whose mouth (words) every dispute and every stroke happened (cf. Deuteronomy 17:8), i.e., simply as those who were authorized by the Lord, and as the representatives of the divine right, to receive the explanation and petition of the elders, and acknowledge the legal validity of the act.
Deuteronomy 21:6-8
The elders of the town were to wash their hands over the slain heifer, i.e., to cleanse themselves by this symbolical act from the suspicion of any guilt on the part of the inhabitants of the town in the murder that had been committed (cf. Psalms 26:6; Psalms 73:13; Matthew 27:24), and then answer (to the charge involved in what had taken place), and say, “ Our hands have not shed this blood (on the singular שׁפכה , see Ewald , §317, a .), and our eyes have not seen ” (sc., the shedding of blood), i.e., we have neither any part in the crime nor any knowledge of it: “ grant forgiveness (lit., 'cover up,' viz., the blood-guiltiness) to Thy people...and give not innocent blood in the midst of Thy people Israel ,” i.e., lay not upon us the innocent blood that has been shed by imputation and punishment. “ And the blood shall be forgiven them ,” i.e., the bloodshed or murder shall not be imputed to them. On נכּפּר , a mixed form from the Niphal and Hithpael, see Ges. §55, and Ewald , §132, c .
Deuteronomy 21:9
In this way Israel was to wipe away the innocent blood (the bloodshed) from its midst (cf. Numbers 35:33). If the murderer were discovered afterwards, of course the punishment of death which had been inflicted vicariously upon the animal, simply because the criminal himself could not be found, would still fall upon him.
Treatment of a Wife who had been a Prisoner of War. - If an Israelite saw among the captives, who had been brought away in a war against foreign nations, a woman of beautiful figure, and loved her, and took her as his wife, he was to allow her a month's time in his house, to bewail her separation from her home and kindred, and accustom herself to her new condition of life, before he married her. What is said here does not apply to the wars with the Canaanites, who were to be cut off (vid., Deuteronomy 7:3), but, as a comparison of the introductory words in Deuteronomy 21:1 with Deuteronomy 20:1 clearly shows, to the wars which Israel would carry on with surrounding nations after the conquest of Canaan. שׁבי and שׁביה , the captivity, for the captives.
When the woman was taken home to the house of the man who had loved her, she was to shave her head, and make, i.e., cut, her nails (cf. 2 Samuel 19:25), - both customary signs of purification (on this signification of the cutting of the hair, see Leviticus 14:8 and Numbers 8:7), - as symbols of her passing out of the state of a slave, and of her reception into the fellowship of the covenant nation. This is perfectly obvious in her laying aside her prisoner's clothes. After putting off the signs of captivity, she was to sit (dwell) in the house, and bewail her father and mother for a month, i.e., console herself for her separation from her parents, whom she had lost, that she might be able to forget her people and her father's house (Psalms 45:11), and give herself up henceforth in love to her husband with an undivided heart. The intention of these laws was not to protect the woman against any outbreak of rude passion on the part of the man, but rather to give her time and leisure to loosen herself inwardly from the natural fellowship of her nation and kindred, and to acquire affection towards the fellowship of the people of God, into which she had entered against her will, that her heart might cherish love to the God of Israel, who had given her favour in the eyes of her master, and had taken from her the misery and reproach of slavery. But her master becoming her husband, she entered into the rights of a daughter of Israel, who had been sold by her father to a man to be his wife (Exodus 21:7.). If after this her husband should find no pleasure in her, he was to let her go לנפשׁהּ , i.e., at her free will, and not sell her for money (cf. Exodus 21:8). “ Thou shalt not put constraint upon her, because thou hast humbled her .” התעמּר , which only occurs again in Deuteronomy 24:7, probably signifies to throw oneself upon a person, to practise violence towards him (cf. Ges. thes. p. 1046).
The Right of the first-born. - Whilst the previous law was intended to protect the slave taken in war against the caprice of her Israelitish master, the law which follows is directed against the abuse of paternal authority in favour of a favourite wife. If a man had two wives, of whom one was beloved and the other hated, - as was the case, for example, with Jacob, - and had sons by both his wives, but the first-born by the wife he hated, he was not, when dividing his property as their inheritance, to make the son of the wife he loved the first-born, i.e., was not to give him the inheritance of the first-born, but was to treat the son of the hated wife, who was really the first-born son, as such, and to give him a double share of all his possession. בּכּר , to make or institute as first-born. וגו בּן על־פּני , over (by) the face of, i.e., opposite to the first-born son of the hated, when he was present; in other words, “during his lifetime” (cf. Genesis 11:28). יכּיר , to regard as that which he is, the rightful first-born. The inheritance of the first-born consisted in “ a mouth of two ” (i.e., a mouthful, portion, share of two) of all that was by him, all that he possessed. Consequently the first-born inherited twice as much as nay of the other sons. “ Beginning of his strength ” (as in Genesis 49:3). This right of primogeniture did not originate with Moses, but was simply secured by him against arbitrary invasion. It was founded, no doubt, upon hereditary tradition; just as we find in many other nations, that certain privileges are secured to the first-born sons above those born afterwards.
Punishment of a Refractory Son. - The laws upon this point aim not only at the defence, but also at the limitation, of parental authority. If any one's son was unmanageable and refractory, not hearkening to the voice of his parents, even when they chastised him, his father and mother were to take him and lead him out to the elders of the town into the gate of the place. The elders are not regarded here as judges in the strict sense of the word, but as magistrates, who had to uphold the parental authority, and administer the local police. The gate of the town was the forum, where the public affairs of the place were discussed (cf. Deuteronomy 22:15; Deuteronomy 25:7); as it is in the present day in Syria ( Seetzen , R. ii. p. 88), and among the Moors ( Hצst , Nachrichten v. Marokkos, p. 239).
Here they were to accuse the son as being unmanageable, refractory, disobedient, as “a glutton and a drunkard.” These last accusations show the reason for the unmanageableness and refractoriness.
In consequence of this accusation, all the men of the town were to stone him, so that he died. By this the right was taken away from the parents of putting an incorrigible son to death (cf. Proverbs 19:18), whilst at the same time the parental authority was fully preserved. Nothing is said about any evidence of the charge brought by the parents, or about any judicial inquiry generally. “In such a case the charge was a proof in itself. For if the heart of a father and mother could be brought to such a point as to give up their child to the judge before the community of the nation, everything would have been done that a judge would need to know” ( Schnell, d. isr. Recht, p. 11). - On Deuteronomy 21:21 , cf. Deuteronomy 13:6 and Deuteronomy 13:12.
Burial of those who had been Hanged. - If there was a sin upon a man, מות משׁפּט , lit., a right of death, i.e., a capital crime (cf. Deuteronomy 19:6 and Deuteronomy 22:26), and he was put to death, and they hanged him upon a tree (wood), his body was not to remain upon the wood over night, but they were to bury him on the same day upon which he as hanged; “ for the hanged man is a curse of God ,” and they were not to defile the land which Jehovah gave for an inheritance. The hanging, not of criminals who were to be put to death, but of those who had been executed with the sword, was an intensification of the punishment of death (see at Numbers 25:4), inasmuch as the body was thereby exposed to peculiar kinds of abominations. Moses commanded the burial of those who had been hanged upon the day of their execution, - that is to say, as we may see from the application of this law in Joshua 8:29; Joshua 10:26-27, before sunset, - because the hanged man, being a curse of God, defiled the land. The land was defiled not only by vices and crimes (cf. Leviticus 18:24, Leviticus 18:28; Numbers 35:34), but also by the exposure to view of criminals who had been punished with death, and thus had been smitten by the curse of God, inasmuch as their shameful deeds were thereby publicly exposed to view. We are not to think of any bodily defilement of the land through the decomposition consequent upon death, as J. D. Mich. and Sommer suppose; so that there is no ground for speaking of any discrepancy between this and the old law. - (On the application of this law to Christ, see Galatians 3:13.), - This regulation is appended very loosely to what precedes. The link of connection is contained in the thought, that with the punishment of the wicked the recollection of their crimes was also to be removed.