Deuteronomy 21

1 "If, in the land ADONAI your God is giving you to possess, a murder victim is found lying in the countryside; and the perpetrator of the murder is not known;

2 then your leaders and judges are to go out and measure the distance between it and the surrounding towns.

3 After it has been determined which town is the closest, the leaders of that town are to take a young female cow that has never been put to work or yoked for use as a draft animal.

4 The leaders of that town are to bring the heifer down to a vadi with a stream in it that never dries up, to a place that is neither plowed nor sown; and they are to break the cow's neck there in the vadi.

5 Then the cohanim, who are L'vi'im, are to approach; for ADONAI your God has chosen them to serve him and to pronounce blessings in the name of ADONAI; they will decide the outcome of every dispute and matter involving violence.

6 All the leaders of the town nearest the murder victim are to wash their hands over the cow whose neck was broken in the vadi.

7 Then they are to speak up and say, 'This blood was not shed by our hands, nor have we seen who did it.

8 ADONAI, forgive your people Isra'el, whom you redeemed; do not allow innocent blood to be shed among your people Isra'el.' And they will be forgiven this bloodshed.

9 Thus you will banish the shedding of innocent blood from among you, by doing what ADONAI sees as right.

10 "When you go out to war against your enemies, and ADONAI your God hands them over to you, and you take prisoners,

11 and you see among the prisoners a woman who looks good to you, and you feel attracted to her and want her as your wife;

12 you are to bring her home to your house, where she will shave her head, cut her fingernails

13 and remove her prison clothing. She will stay there in your house, mourning her father and mother for a full month; after which you may go in to have sexual relations with her and be her husband, and she will be your wife.

14 In the event that you lose interest in her, you are to let her go wherever she wishes; but you may not sell her for money or treat her like a slave, because you humiliated her.

15 "If a man has two wives, the one loved and the other unloved, and both the loved and unloved wives have borne him children, and if the firstborn son is the child of the unloved wife;

16 then, when it comes time for him to pass his inheritance on to his sons, he may not give the inheritance due the firstborn to the son of the loved wife in place of the son of the unloved one, who is in fact the firstborn.

17 No, he must acknowledge as firstborn the son of the unloved wife by giving him a double portion of everything he owns, for he is the firstfruits of his manhood, and the right of the firstborn is his.

18 "If a man has a stubborn, rebellious son who will not obey what his father or mother says, and even after they discipline him he still refuses to pay attention to them;

19 then his father and mother are to take hold of him and bring him out to the leaders of his town, at the gate of that place,

20 and say to the leaders of his town, 'This son of ours is stubborn and rebellious, he doesn't pay attention to us, lives wildly, gets drunk.'

21 Then all the men of his town are to stone him to death; in this way you will put an end to such wickedness among you, and all Isra'el will hear about it and be afraid.

22 "If someone has committed a capital crime and is put to death, then hung on a tree,

23 his body is not to remain all night on the tree, but you must bury him the same day, because a person who has been hanged has been cursed by God -so that you will not defile your land, which ADONAI your God is giving you to inherit.

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.