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.
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.