Devarim 21

1 1 If one be found slain in ha’adamah which Hashem Eloheicha giveth thee to possess it, lying in the sadeh, and it be not known who hath slain him;

2 Then thy zekenim and thy shofetim shall come forth, and they shall measure unto the towns which are round about him that is slain;

3 And it shall be, that the town which is next unto the slain man, even the zekenim of that town shall take a heifer, which hath not been worked with, and which hath not pulled the ol (yoke);

4 And the zekenim of that town shall bring down the heifer unto a wadi with running water, which is neither plowed nor sown, and shall break the heifer’s neck there in the wadi;

5 And the kohanim the Bnei Levi shall come near; for them Hashem Eloheicha hath chosen to minister unto Him, and to bless in the Shem of Hashem; and by their word shall every controversy and every assault be tried;

6 And all the zekenim of that town, that are next unto the slain man, shall wash their hands over the heifer whose neck was broken in the valley;

7 And they shall answer and say, Yadeinu (our hands) are not guilty of shefach dahm (shedding blood), neither have our eyes seen it.

8 Kapper (atone), O Hashem, for Thy people Yisroel, whom Thou hast redeemed, and lay not dahm naki (innocent blood) unto the charge of Thy people Yisroel. And the shefach dahm shall be atoned for.

9 So shalt thou put away the guilt of dahm naki from among you, when thou shalt do that which is right in the sight of Hashem.

10 When thou goest forth to milchamah against thine enemies, and Hashem Eloheicha hath delivered them into thine hands, and thou hast taken them captive,

11 And seest among the captives an eshet yefat to’ar (a woman who is beautiful of form), and hast a desire unto her, that thou wouldest have her to be thy wife;

12 Then thou shalt bring her home to thine bais, and she shall shave her rosh, and trim her nails;

13 And she shall put the raiment of her captivity from off her, and shall remain in thine bais, and mourn her av and her em a full month; and after that thou shalt go in unto her, and be her ba’al, and she shall be thy isha.

14 And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for kesef, thou shalt not make merchandise of her, because thou hast humbled her.

15 If an ish have two nashim, one beloved, and another hated, and they have born him banim, both the beloved and the hated; and if the bechor be hers that was hated;

16 Then it shall be, on the yom when he wills his possessions to his banim, that he may not make the ben of the beloved bechor before the ben of the hated, which is indeed the bechor;

17 But he shall acknowledge the ben of the hated for the bechor, by giving him a double portion of all that he hath; for he is the beginning of his strength; the mishpat habechorah (right of the firstborn) is his.

18 If an ish have a stubborn and rebellious ben, which will not obey the voice of his av, or the voice of his em, and that, when they have chastened him, will not give heed unto them;

19 Then shall his av and his em lay hold on him, and bring him out unto the zekenim of his town, and unto the sha’ar (gate) of his place;

20 And they shall say unto the zekenim of his town, This our ben is stubborn and rebellious, he will not obey our voice; he is a zolel (glutton) and a soveh (drunkard).

21 And all the men of his town shall stone him with avanim (stones), that he die; so shalt thou put harah away from among you; and all Yisroel shall hear and fear.

22 And if an ish have committed a chet (sin) mishpat mavet (worthy of death), and he is put to death, and thou hang him on an etz;

23 His nevelah shall not remain all night upon the etz, but thou shalt in any wise bury him that day; for he that is talui (hanged) is under Kilelat Elohim (curse of G-d); that thy adamah be not defiled, which Hashem Eloheicha giveth thee for a nachalah [see 2Sm 18:14; Yn 19:31; Ga 3:13].

Devarim 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.