Deuteronomy 21

Unsolved homicides

1 If a corpse is found on the ground the LORD your God is giving you to possess, lying in a field, and the identity of the killer is unknown,

2 your elders and judges must come out and measure the distances to the cities nearest the body.

3 Once it is determined which city is closest to the dead body, its elders must take a young cow that hasn't been used or yet pulled a plow,

4 and those elders will take the cow down to a ravine with a flowing stream—one that has not been plowed or planted—and they will break the cow's neck right there in the river valley.

5 Then the priests, the descendants of Levi, will step forward because the LORD your God selected them to minister for him and to bless in the LORD's name, and because every legal dispute and case of assault is decided by them.

6 All the elders of the city closest to the corpse will wash their hands over the cow whose neck was broken in the river valley.

7 They will then solemnly state: "Our hands did not shed this blood. Our eyes did not see it happen.

8 LORD, please forgive your people Israel, whom you saved. Don't put the guilt of innocent bloodshed on your people Israel." Then the bloodguilt will be forgiven them.

9 But you must remove innocent bloodshed from your community; do only what is right in the LORD's eyes.

Foreign wives

10 When you wage war against your enemies and the LORD hands them over to you and you take prisoners,

11 if you see among the captives a beautiful woman, and you fall in love with her and take her as your wife,

12 bringing her into your home, she must shave her head, cut her nails,

13 remove her prisoner's clothing, and live in your house, mourning her father and her mother for one month. After that, you may consummate the marriage. You will be her husband, and she will be your wife.

14 But if you aren't pleased with her, you must send her away as she wishes. You are not allowed to sell her for money or treat her as a slave because you have humiliated her.

Right of the oldest son

15 Now suppose a man has two wives—one of them loved and the other unloved. Both wives bear children, but the oldest male is the unloved wife's child.

16 On the day when the man decides what will go to each of his children as an inheritance, he isn't allowed to treat his loved wife's son as the oldest male rather than his unloved wife's son, who is the real oldest male.

17 Instead, he must acknowledge the unloved wife's son as the oldest male, giving to him two-thirds of everything that he owns, because that son is the earliest produce of his physical power. The oldest male's rights belong to that son.

Rebellious children

18 Now if someone has a consistently stubborn and rebellious child, who refuses to listen to their father and mother—even when the parents discipline him, he won't listen to them—

19 the father and mother will take the son before the elders of that city at its gates.

20 Then they will inform the city's elders: "This son of ours is consistently stubborn and rebellious, refusing to listen to us. What's more, he's wild and a drunkard."

21 Then all the people of that town will stone him until he dies. Remove such evil from your community! All Israel will hear about this and be afraid.

Hanging

22 Now if someone is guilty of a capital crime, and they are executed, and you then hang them on a tree,

23 you must not leave the body hanging on the tree but must bury it the same day because God's curse is on those who are hanged. Furthermore, you must not pollute the ground that the LORD your God is giving to you as an inheritance.

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.

Footnotes

• [a]. Or burn
• [b]. Or burn
• [c]. LXX, Vulg, Tg Neofiti God’s curse is on those who are hanged; Syr, Tg Onqelos those who curse God are to be hanged; Heb uncertain

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.