Deuteronomy 21

1 If a dead body is found on the ground, this ground that God, your God, has given you, lying out in the open, and no one knows who killed him,

2 your leaders and judges are to go out and measure the distance from the body to the nearest cities.

3 The leaders and judges of the city that is nearest the corpse will then take a heifer that has never been used for work, never had a yoke on it.

4 The leaders will take the heifer to a valley with a stream, a valley that has never been plowed or planted, and there break the neck of the heifer.

5 The Levitical priests will then step up. God has chosen them to serve him in these matters by settling legal disputes and violent crimes and by pronouncing blessings in God's name.

6 Finally, all the leaders of that town that is nearest the body will wash their hands over the heifer that had its neck broken at the stream

7 and say, "We didn't kill this man and we didn't see who did it.

8 Purify your people Israel whom you redeemed, O God. Clear your people Israel from any guilt in this murder."

9 By following these procedures you will have absolved yourselves of any part in the murder because you will have done what is right in God's sight.

10 When you go to war against your enemies and God, your God, gives you victory and you take prisoners,

11 and then you notice among the prisoners of war a good-looking woman whom you find attractive and would like to marry,

12 this is what you do: Take her home; have her trim her hair, cut her nails,

13 and discard the clothes she was wearing when captured. She is then to stay in your home for a full month, mourning her father and mother. Then you may go to bed with her as husband and wife.

14 If it turns out you don't like her, you must let her go and live wherever she wishes. But you can't sell her or use her as a slave since you've humiliated her.

15 When a man has two wives, one loved and the other hated, and they both give him sons, but the firstborn is from the hated wife,

16 at the time he divides the inheritance with his sons he must not treat the son of the loved wife as the firstborn, cutting out the son of the hated wife, who is the actual firstborn.

17 No, he must acknowledge the inheritance rights of the real firstborn, the son of the hated wife, by giving him a double share of the inheritance: that son is the first proof of his virility; the rights of the firstborn belong to him.

18 When a man has a stubborn son, a real rebel who won't do a thing his mother and father tell him, and even though they discipline him he still won't obey,

19 his father and mother shall forcibly bring him before the leaders at the city gate

20 and say to the city fathers, "This son of ours is a stubborn rebel; he won't listen to a thing we say. He's a glutton and a drunk."

21 Then all the men of the town are to throw rocks at him until he's dead. You will have purged the evil pollution from among you. All Israel will hear what's happened and be in awe.

22 When a man has committed a capital crime, been given the death sentence, executed and hung from a tree,

23 don't leave his dead body hanging overnight from the tree. Give him a decent burial that same day so that you don't desecrate your God-given land - a hanged man is an insult to God.

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.