Deuteronomy 21

1 If one be found slain in the land which Jehovah thy God giveth thee to possess, lying in the field, [and] it be not known who hath smitten him,

2 then thine elders and thy judges shall go forth, and they shall measure unto the cities which are round about him that is slain;

3 and the city that is nearest unto him that is slain, even the elders of that city shall take a heifer that hath not been wrought with, that hath not drawn in the yoke;

4 and the elders of that city shall bring down the heifer unto an ever-flowing watercourse, which is not tilled, nor is it sown, and shall break the heifer's neck there in the watercourse;

5 and the priests the sons of Levi shall come near; for them Jehovah thy God hath chosen to do service unto him, and to bless in the name of Jehovah; and according to their word shall be every controversy and every stroke.

6 And all the elders of that city, that are nearest unto him that is slain, shall wash their hands over the heifer whose neck is broken in the watercourse,

7 and shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.

8 Forgive thy people Israel, whom thou, Jehovah, hast redeemed, and lay not innocent blood to the charge of thy people Israel; and the blood shall be expiated for them.

9 So shalt thou put away innocent blood from thy midst, when thou shalt do what is right in the eyes of Jehovah.

10 When thou goest forth to war against thine enemies, and Jehovah thy God delivereth them into thy hands, and thou hast taken captives of them,

11 and thou seest among the captives a woman of beautiful form, and hast a desire unto her, and takest her as thy wife;

12 then thou shalt bring her home to thy house; and she shall shave her head, and pare her nails;

13 and she shall put the clothes of her captivity from off her, and shall abide in thy house, and bewail her father and mother a full month, and afterwards thou mayest go in unto her, and be her husband, and she shall be thy wife.

14 And it shall be, if thou have no delight in her, then thou shalt let her go according to her desire; but thou shalt in no wise sell her for money; thou shalt not treat her as a slave, because thou hast humbled her.

15 If a man have two wives, one beloved, and one hated, and they have borne him children, both the beloved and the hated, and the firstborn son be hers that was hated;

16 then it shall be, in the day that he maketh his sons to inherit what he hath, that he may not make the son of the beloved firstborn before the son of the hated, who is the firstborn;

17 but he shall acknowledge as firstborn the son of the hated, by giving him a double portion of all that is found with him; for he is the firstfruits of his vigour: the right of the firstborn is his.

18 If a man have an unmanageable and rebellious son, who hearkeneth not unto the voice of his father, nor unto the voice of his mother, and they have chastened him, but he hearkeneth not unto them;

19 then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;

20 and they shall say unto the elders of his city, This our son is unmanageable and rebellious, he hearkeneth not unto our voice; he is a profligate and a drunkard.

21 And all the men of his city shall stone him with stones, that he die. And thou shalt put evil away from thy midst; and all Israel shall hear and fear.

22 And if a man have committed a sin worthy of death, and he be put to death, and thou have hanged him on a tree,

23 his body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is a curse of God); and thou shalt not defile thy land, which Jehovah thy God giveth thee for 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]. Lit. 'mouth.'
• [b]. Or 'valley,' ch. 2.13.
• [c]. Lit. 'in the midst.'
• [d]. Or 'shall be forgiven them.'
• [e]. Lit. 'thou hast led captive his captivity.'
• [f]. Lit. 'do.'
• [g]. Lit. 'soul:' so ch. 23.24.
• [h]. Or 'glutton,' as Prov. 23.20 ('riotous eaters'), and 21.
• [i]. Lit. 'of a judgment of death.'

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.