Deuteronomy 21:5

And the priests the sons of Levi shall come near,.... Who were clearly of the tribe of Levi, as Aben Ezra notes; about whom there could be no dispute; for it seems there sometimes were persons in

Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: No JFB commentary on these verses.

The priests shall come near, both to direct them in all the circumstances of action and to see that the law was observed, and to bless them in God’ s name, by praying for them, and absolving or pronouncing them guiltless in this matter. Every controversy; not absolutely all manner of controversies that could possibly arise, as if their word were to determine whether there were a God or providence or no, whether God should be worshipped, and his commands observed, or no, whether Moses was a true prophet or an impostor, whether apostate and idolatrous Israelites should be punished or no, which is apparently absurd and ridiculous; but every such controversy as might arise about the matter here spoken of; nothing being more usual than to understand universal expressions in a limited sense; and indeed this is limited and explained by the following words, and every stroke, the particle and being put expositively, of which instances have been formerly given, i.e. every controversy which shall arise about any stroke, whether such a mortal stroke as is here spoken of, a murder, which may well be called a stroke, as to smite is oft used for to kill, as , &c., or any other stroke or wound given by one man to another.

Deuteronomy 21:5 And the priests the sons of Levi shall come near; for them the LORD thy God hath chosen to minister unto him, and to bless in the name of the LORD; and by their word shall every controversy and every stroke be [tried]:Ver. 5. And by their word,] i.e., According to that exposition that they shall give of God’ s Word, and not by any absolute or arbitrary power of their own.

XXI. Deuteronomy 21:1-9. .(1) If one be found slain—It is remarkable that in our own time the most effectual remedy against outrages of which the perpetrators cannot be discovered is a fine upon the district in which they occur. (2) Thy elders and thy judges shall come forth.—Rashi says these were to be special commissioners, members of the great Sanhedrin. (3-4) An heifer, which hath not been wrought with . . . a rough valley which is neither eared nor sown.—Rashi’s note on this is curious: “The Holy One, blessed be He! said, ‘A yearling heifer which hath borne no fruit shall come and be beheaded in a place which yieldeth no fruit, to atone for the murder of the man whom they did not suffer to bear fruit.’ Some have thought that the valley was neither to be eared (ploughed) nor sown from that time forward.” The verbs are not past in the Hebrew, and the words may bear this meaning. If so, the district in which the murder occurred would be mulcted in that portion of land for ever. (5) And the priests.—See on Deuteronomy 21:8. (7) Our hands have not shed this blood, neither have our eyes seen it.—“Not that the chief magistrates of the city are supposed to have shed this blood; but that they have not contrived or procured the murder by any maintenance or partnership in the deed” (Rashi). We cannot but feel how impossible such solemn public declarations would be if the murderer had been harboured by the inhabitants of the place. (8) Be merciful, O Lord.—In the sense of the publican’s prayer in St. Luke 18 “be propitiated,” literally, cover. The mercy seat is the “covering” of the Law, which protects Israel from it. The sacrifices are a “covering” for the sinner from a punishment of sin. According to Rashi, the prayer in the eighth verse is spoken by the priests; and it seems probable enough. No part in the transaction is assigned to them, unless it be this. And their presence was certainly necessary. And the blood shall be forgiven them.—Literally, shall be covered for them. Not the same expression as Leviticus 4:20; Leviticus 4:26; Leviticus 4:31; Leviticus 4:35. But we can hardly follow the Jewish commentators into the question whether, if the perpetrator of the murder were afterwards discovered, the blood of the heifer which had been shed already could be allowed to atone for it, so that the murderer need not be punished.

5. the priests the sons of Levi shall come near] The same vb as of the priest in Deuteronomy 20:2, R.V. approach. The appearance of the priests is remarkable, for they have nothing else to do in the ceremony. They have been introduced, then, either by D or, since they are not designated by D’s usual title for them (the priests the Levites), by an editor who, under the later priestly conceptions, cannot imagine such a ceremony without them. The rest of the v. reads as though the insertor gave it as his reason for bringing them in. For the formulas of which it consists see on Deuteronomy 10:8, Deuteronomy 17:8; Deuteronomy 17:12, Deuteronomy 18:5.

5. And the priests… shall come near — The priests were not to take part in the matter, but were present to see that all things were done in accordance with law.