Deuteronomy 21

1 This is what you must do if you find a murder victim lying in a field in the land that the LORD your God is giving you. If no one knows who committed the murder,

2 your leaders and judges must go and measure the distance from the body to each of the neighboring cities.

3 When it has been determined which city is nearest the body, the leaders from that city must choose a heifer that has never been put to work and never worn a yoke.

4 The leaders of that city will bring the heifer down to a river, to a location where the land hasn't been plowed or planted. At the river they must break the heifer's neck.

5 The priests, the descendants of Levi, must come forward. The LORD your God has chosen them to serve him as priests and to bless people in the LORD's name. Their decision is final in all cases involving a disagreement or an assault.

6 All the leaders from the city which was nearest the murder victim must wash their hands over the dead heifer.

7 Then they must make this formal statement: "We didn't commit this murder, and we didn't witness it.

8 LORD, make peace with your people Israel, whom you freed. Don't let the guilt of this unsolved murder remain among your people Israel." Then there will be peace with the LORD despite the murder.

9 This is how you will get rid of the guilt of an unsolved murder by doing what the LORD considers right.

10 When you go to war with your enemies and the LORD your God hands them over to you, you may take them captive.

11 If you see a beautiful woman among the captives and have your heart set on her, you may marry her.

12 Bring her into your home. She must shave her head, cut her nails,

13 and no longer wear the clothes she was wearing when you captured her. Then she may live in your house and mourn [the loss of] her father and mother for one month. After that, you may sleep with her. Then you will become husband and wife.

14 But if it happens that you are no longer pleased with her, let her go wherever she wants. You must never sell her or mistreat her as if she were a slave, since you've already had sex with her.

15 A man might have two wives and love one but not the other. Both wives might have children, and the firstborn son might belong to the wife that the man doesn't love.

16 When the day comes for the father to give his sons their inheritance, he can't treat the son of the wife he loves as if that son were the firstborn. This would show a total disregard for the real firstborn (the son of the wife he doesn't love).

17 Instead, he must recognize the son of the wife he doesn't love as the firstborn. He must give that son a double portion of whatever he owns. That son is the very first son he had. The rights of the firstborn son are his.

18 Parents might have a stubborn and rebellious son who doesn't obey them. Even though they punish him, he still won't listen to them.

19 His father and mother must take him to the leaders of the city at the city gate.

20 They will say to the leaders of the city, "This son of ours is stubborn and rebellious. He won't obey us. He eats too much and is a drunk."

21 All the men of the city should stone him to death. You must get rid of this evil. When all Israel hears about it, they will be afraid.

22 When a convicted person is put to death,

23 never leave his dead body hung on a pole overnight. Be sure to bury him that same day, because anyone whose body is hung on a pole is cursed by God. The land that the LORD your God is giving you must never become unclean.

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.