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
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.