Deuteronomy 21

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.

Deuteronomy 21 Commentary

Chapter 21

The expiation of uncertain murder. (1-9) Respecting a captive taken to wife. (10-14) The first-born not to be disinherited for private affection. (15-17) A stubborn son to be stoned. (18-21) Malefactors not to be left hanging all night. (22,23)

Verses 1-9 If a murderer could not be found out, great solemnity is provided for putting away the guilt from the land, as an expression of dread and detesting of that sin. The providence of God has often wonderfully brought to light these hidden works of darkness, and the sin of the guilty has often strangely found them out. The dread of murder should be deeply impressed upon every heart, and all should join in detecting and punishing those who are guilty. The elders were to profess that they had not been any way aiding or abetting the sin. The priests were to pray to God for the country and nation, that God would be merciful. We must empty that measure by our prayers, which others are filling by their sins. All would be taught by this solemnity, to use the utmost care and diligence to prevent, discover, and punish murder. We may all learn from hence to take heed of partaking in other men's sins. And we have fellowship with the unfruitful works of darkness, if we do not reprove them.

Verses 10-14 By this law a soldier was allowed to marry his captive, if he pleased. This might take place upon some occasions; but the law does not show any approval of it. It also intimates how binding the laws of justice and honour are in marriage; which is a sacred engagement.

Verses 15-17 This law restrains men from disinheriting their eldest sons without just cause. The principle in this case as to children, is still binding to parents; they must give children their right without partiality.

Verses 18-21 Observe how the criminal is here described. He is a stubborn and rebellious son. No child was to fare the worse for weakness of capacity, slowness, or dulness, but for wilfulness and obstinacy. Nothing draws men into all manner of wickedness, and hardens them in it more certainly and fatally, than drunkenness. When men take to drinking, they forget the law of honouring parents. His own father and mother must complain of him to the elders of the city. Children who forget their duty, must thank themselves, and not blame their parents, if they are regarded with less and less affection. He must be publicly stoned to death by the men of his city. Disobedience to a parent's authority must be very evil, when such a punishment was ordered; nor is it less provoking to God now, though it escapes punishment in this world. But when young people early become slaves to sensual appetites, the heart soon grows hard, and the conscience callous; and we can expect nothing but rebellion and destruction.

Verses 22-23 By the law of Moses, the touch of a dead body was defiling, therefore dead bodies must not be left hanging, as that would defile the land. There is one reason here which has reference to Christ; "He that is hanged is accursed of God;" that is, it is the highest degree of disgrace and reproach. Those who see a man thus hanging between heaven and earth, will conclude him abandoned of both, and unworthy of either. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most disgracefully, that it might afterward be applied to the death of Christ, and might show that in it he underwent the curse of the law for us; which proves his love, and encourages to faith in him.

Chapter Summary

INTRODUCTION TO DEUTERONOMY 21

This chapter treats of the beheading of the heifer, for the expiation of unknown murder, and the rules to be observed in it, De 21:1-9 of a beautiful captive woman an Israelite is desirous of having for his wife, and what methods he must take to accomplish it, De 21:10-14, of giving the double portion to the firstborn, which he must not be deprived of in favour of the son of a beloved wife, De 21:15-17 and of the stubborn and rebellious son, who remaining so must be put to death, De 21:18-21 and of burying a person hanged on a tree the same day he is executed, De 21:22,23.

Deuteronomy 21 Commentaries

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