Deuteronomy 21

1 "Suppose someone is found murdered in a field in the land that the Lord your God is going to give you, and you do not know who killed him.

2 Your leaders and judges are to go out and measure the distance from the place where the body was found to each of the nearby towns.

3 Then the leaders of the town nearest to where the body was found are to select a young cow that has never been used for work.

4 They are to take it down to a spot near a stream that never runs dry and where the ground has never been plowed or planted, and there they are to break its neck.

5 The levitical priests are to go there also, because they are to decide every legal case involving violence. The Lord your God has chosen them to serve him and to pronounce blessings in his name.

6 Then all the leaders from the town nearest the place where the murdered person was found are to wash their hands over the cow

7 and say, "We did not murder this one, and we do not know who did it.

8 Lord, forgive your people Israel, whom you rescued from Egypt. Forgive us and do not hold us responsible for the murder of an innocent person.'

9 And so, by doing what the Lord requires, you will not be held responsible for the murder.

10 "When the Lord your God gives you victory in battle and you take prisoners,

11 you may see among them a beautiful woman that you like and want to marry.

12 Take her to your home, where she will shave her head, cut her fingernails,

13 and change her clothes. She is to stay in your home and mourn for her parents for a month; after that, you may marry her.

14 Later, if you no longer want her, you are to let her go free. Since you forced her to have intercourse with you, you cannot treat her as a slave and sell her.

15 "Suppose a man has two wives and they both bear him sons, but the first son is not the child of his favorite wife.

16 When the man decides how he is going to divide his property among his children, he is not to show partiality to the son of his favorite wife by giving him the share that belongs to the first-born son.

17 He is to give a double share of his possessions to his first son, even though he is not the son of his favorite wife. A man must acknowledge his first son and give him the share he is legally entitled to.

18 "Suppose someone has a son who is stubborn and rebellious, a son who will not obey his parents, even though they punish him.

19 His parents are to take him before the leaders of the town where he lives and make him stand trial.

20 They are to say to them, "Our son is stubborn and rebellious and refuses to obey us; he wastes money and is a drunkard.'

21 Then the men of the city are to stone him to death, and so you will get rid of this evil. Everyone in Israel will hear what has happened and be afraid.

22 "If someone has been put to death for a crime and the body is hung on a post,

23 it is not to remain there overnight. It must be buried the same day, because a dead body hanging on a post brings God's curse on the land. Bury the body, so that you will not defile the land that the Lord your God is giving you. ¹

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.

Cross References

• 1. 21.23Galatians 3.13.

Footnotes

• [a]. shave her head; [or] trim her hair.

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.