Deuteronomy 21
OGCSUMMARY OF CHAPTER TWENTY-ONE
If a man be found slain in a field, and the cause of his death be unknown, the murder shall be expiated by the sacrifice of a heifer in an uncultivated valley, 1-4. The rites to be used on the occasion, 5-9. The ordinance concerning marriage with a captive, 10-14. The law relative to the children of the hated and beloved wives: if the son of the hated wife should be the first-born he shall not be disinherited by the son of the beloved wife, but shall have a double portion of all his father’s goods, 15-18. The law concerning the stubborn and rebellious son, who, when convicted, is to be stoned to death, 19-21. Of the person who is to be hanged, 22. His body shall not be left on the tree all night; every one that is hanged on a tree is accursed of God, 23.
Deuteronomy 21:1-9
(b) Expiation for an Unknown Murderer’s Crime (Deuteronomy 21:1-9)
If one be found slain in the land which Jehovah thy God giveth thee to possess it, lying in the field, and it be not known who hath smitten him; 2 then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: 3 and it shall be, that the city which is nearest unto the slain man, even the elders of that city shall take a heifer of the herd, which hath not been wrought with, and which hath not drawn in the yoke; 4 and the elders of that city shall bring down the heifer unto a valley with running water, which is neither plowed nor sown, and shall break the heifer’s neck there in the valley. 5 And the priests the son of Levi shall come near; for them Jehovah thy God hath chosen to minister unto him, and to bless in the name of Jehovah; and according to their word shall every controversy and every stroke be. 6 And all the elders of that city, who are nearest 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, Our hands have not shed this blood, neither have our eyes seen it. 8 Forgive, O Jehovah, thy people Israel, whom thou hast redeemed, and suffer not innocent blood to remain in the midst of thy people Israel. And the blood shall be forgiven them. 9 So shalt thou put away the innocent blood from the midst of thee, when thou shalt do that which is right in the eyes of Jehovah.
THOUGHT QUESTIONS 21:1-9
Responsibility was such a vital part of the life of all Israel, all human life was of supreme importance. How are these two thoughts dramatized in this text?
Who was to pay for the heifer?
Why specify the particular type of heifer?
Why: the running water?; a field that has never been plowed nor sown?
The washing of hands to clear guilt is found elsewhere, name two.
How is the expression innocent blood used in Deuteronomy 21:8-9?
AMPLIFIED TRANSLATION 21:1-9
If one be found slain in the land which the Lord your God gives you to possess, lying in the field, and it is not known who has killed him. 2 Then your elders and judges shall come forth and measure the distance to the cities around him who is slain; 3 And the city which is nearest to the slain man, the elders of that city shall take a heifer, which has never been worked, never pulled in the yoke; 4 And the elders of that city shall bring the heifer down to a valley with running water, which is neither plowed nor sown, and shall break the heifer’s neck there in the valley. 5 And the priests the sons of Levi shall come near, for the Lord your God has chosen them to minister to Him and to bless in the name [and presence] of the Lord, and by their word shall every controversy and every assault be settled. 6 And all the elders of that city nearest to the slain man shall wash their hands over the heifer whose neck was broken in the valley; 7 And they shall testify, Our hands have not shed this blood, neither have our eyes seen it. 8 Forgive, O Lord, Your people Israel whom You have redeemed, and do not allow the shedding of innocent blood to be charged to Your people Israel, And the guilt of blood shall be forgiven them. 9 So shall you purge the guilt of innocent blood from among you, when you do what is right in the sight of the Lord.
COMMENT 21:1-9
Note that in Deuteronomy 21:3, the city’s leaders nearest the slain man were responsible for making expiation. The ritual outlined here was applicable to cases where murder was not (and perhaps could not be) expiated by the apprehension, conviction, and execution of the murderer. Until the mystery was unravelled, this formula would exonerate the city’s inhabitants.
THE ELDERS. SHALL TAKE A HEIFER (Deuteronomy 21:3)It is to be one in full vigor and health, which has not seen domestic work, and consequently expressed in the fullest form the life-producing power to which the violent death stood as a contrast.
THE ELDERS. SHALL WASH THEIR HANDS (Deuteronomy 21:6)An assertion of their innocence and repudiation of their guilt. Cf. Ph. 26:6, 73:13; Matthew 27:24.
SO SHALT THOU PUT AWAY INNOCENT BLOOD (Deuteronomy 21:9)Or, (as in Deuteronomy 19:13) the guilt of shedding innocent blood. By the formula prescribed, they would not be held guilty for the blood already shed, nor of taking another man’s blood before he was proved guilty. When the process of justice was properly carried out, no innocent person’s blood would be shed.
Deuteronomy 21:10-14
(6) MARRYING WOMEN CAPTIVES (Deuteronomy 21:10-14)
10 When thou goest forth to battle against thine enemies, and Jehovah thy God delivereth them into thy hands, and thou carriest them away captive, 11 and seest among the captives a beautiful woman, and thou hast a desire unto her, and wouldest take her to thee to 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 raiment of her captivity from off her, and shall remain in thy house, and bewail her father and her mother a full month: and after that thou shalt 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 whither she will; but thou shalt not sell her at all for money, thou shalt not deal with her as a slave, because thou hast humbled her.
THOUGHT QUESTIONS 21:10-14
How sad to be defeated when God planned victory. The lack of conquest was not because God had not already assured triumph. Why then was Israel not victorious?
Why would a pagan woman from a distance city be any more qualified for a wife than one from Canaan?
Why the shaving of the hair, paring nails, putting off raiment of captivity?
Show the protection and honor accorded these women. Why so?
Careful provision was made for the proper attitude in marriage. Discuss this as of today.
AMPLIFIED TRANSLATION 21:10-14
10 When you go forth to battle against your enemies, and the Lord your God has given them into your hands, and you carry them away captive, 11 And you see among the captives a beautiful woman, and desire her, that you may have her as your wife, 12 Then you shall bring her home to your house; and she shall shave her head and pare her nails [in purification from heathenism], 13 And put off her prisoner’s garb and shall remain in your house, and bewail her father and mother a full month. After that you may go in to her and be her husband, and she shall be your wife. 14 And if you have no delight in her, then you shall let her go absolutely free; you shall not sell her at all for money, you shall not deal with her as a slave or a servant, because you have humbled her.
COMMENT 21:10-14
As in the case of the coming appointment of kings (Deuteronomy 17:14-17), this law is made as a provision, because of the foreknowledge of God. It is made in condescension to (not endorsement of) the weakness of menand, incidentally, for the protection and honor of women.
This passage does not concern Canaanite cities, where thou shalt save alive nothing that breatheth (Deuteronomy 20:16), but distant cities where the males were either killed or taken as slaves, and the women and little ones taken as prey (Deuteronomy 20:10-15). No alliances or marriages were to be made with Canaanite women.
A BEAUTIFUL WOMAN (Deuteronomy 21:11)The word beautiful is a translation of two Hebrew words yephath, beautiful, bright, fair, and toar, dilineation, form, body. Thus, literally, beautiful of form. It is used of Rachel in Genesis 29:17, where Clarke says of the word, beautiful in her shape, person, mien, and gait. In this trait, as well as being well favored (yephath mareh) she stood in contrast to Leah.
We would, of course, seriously question a man’s wisdom who would choose his life’s partner on such a superficial basis, with little or no chance to consider whether she was beautiful in character. We would wonder whether this love at first sight was not ninety per cent infatuation! We are tempted to warn him (as Solomon warned the young man of the seductress), Lust not after her beauty in thy heart; Neither let her take thee with her eyelids (Proverbs 6:25). We would appeal to him on the basis of the overwhelming marital difficulties of taking a non-Israelite to wifeone who probably knew little or nothing of serving Jehovah God. Grace is deceitful, and beauty is vain; But a woman that feareth Jehovah, she shall be praised (Proverbs 31:30).
But regardless of all this, God provides what shall be done when such a one is taken. The question here is not what he should have done, but what he should now do.
SHE SHALL SHAVE HER HEAD, AND PARE HER NAILS (Deuteronomy 21:12)Both of these ceremonies, as well as the putting off of the garments worn when she was taken captive (Deuteronomy 21:13), were signs of purification, separating her from her former heathenism, and preparing her for becoming a part of the people of God. Compare the law of the leper, Leviticus 14:8, and the cleansing of the Levites, Numbers 8:6-7. Shaving the head was also a sign of mourning, Job 1:20, etc.
PUT THE RAIMENT OF HER CAPTIVITY FROM OFF HER (Deuteronomy 21:13)the putting off her gorgeous dress in which ladies, on the eve of being captured arrayed themselves to be the more attractive to their captors. (J.F.B.) She then dons the garments of mourning and bewails her father and mother (who were now to her the same as dead) for thirty days. This period would also give her a chance to pull herself together, adjust to her new condition, and otherwise prepare herself for her new life-role.
More and more now, her husband is to see her as she really is. It is well to observe the protection afforded womanhood here. By general consent in ancient times, the women were considered part of the spoils of war, and even in modern times this has often been true. Any one acquainted with the fearful license practiced among many nations towards female captives taken in war, can surely appreciate the humanizing influence these verses were intended to exert. A woman captive was not to be a plaything of passion or lust, but was to be dealt with honorably and with dignity. The requirements of this passage stand in sharp contrast to the conduct common among soldiers who have devastated a foreign power, and whose women are at their mercy.
IF THOU HAVE NO DELIGHT IN HER (Deuteronomy 21:14)This is after the marriage (Deuteronomy 21:13). In the Hebrew home, the husband was unconditionally and unreservedly the head of his wife and family in all domestic relations. Nowhere is this headship more obvious than in his right to divorce. He might, under certain circumstances, divorce his wifebut it was much more difficult for her to reverse the procedure. And in view of her position here as captive, she would have even less ability to claim her rights in marriage. See Numbers 5:12-31, Duet. Deuteronomy 22:13-21, and particularly in connection with this passage, Deuteronomy 24:1-4.
If he was displeased with her, however, he could not retain her in some subordinate or inferior capacity.
THOU SHALT NOT DEAL WITH HER AS A SLAVE (Deuteronomy 21:14)The Hebrew word amar, tendered here by five English words, signifies To show self a tyrant (Young), deal violently, tyranically with (Baumgartner). It occurs again in Deuteronomy 24:7, where it is again rendered as a slave. She had, in fact, become his wife, and she was not now to be dealt with as if she had only been a captive servant (Deuteronomy 20:14), She was to be free to go where her inclinations led.
Deuteronomy 21:15-17
LESSON SEVENTEEN Deuteronomy 21:15 to Deuteronomy 23:14
h. FAMILY REGULATIONS (Deuteronomy 21:15-21)
(1) THE RIGHT OF THE FIRST-BORN (Deuteronomy 21:15-17)
15 If a man have two wives, the one beloved, and the other hated, and they have borne him children, both the beloved and the hated; and if the first-born son be hers that was hated; 16 then it shall be, in the day that he causeth his sons to inherit that which he hath, that he may not make the son of the beloved the first-born before the son of the hated, who is the first-born; 17 but he shall acknowledge the first-born, the son of the hated, by giving him a double portion of all that he hath; for he is the beginning of his strength; the right of the first-born is his.
THOUGHT QUESTIONS 21:15-17
Why no word of censure for having two wives?
How could a son be made the first-born, if he was not?
Is it an inevitable conclusion that of two wives, one will be hated and one loved?
Why give the first-born twice as much?
AMPLIFIED TRANSLATION 21:15-17
15 If a man has two wives, one loved and the other disliked, and they both have borne him children, and if the first-born son is hers who is disliked, 16 Then on the day when he wills his possessions to his sons, he shall not put the first-born of his loved wife in place of the first-born of the disliked, who is older. 17 But he shall acknowledge the son of the disliked as the first-born, by giving him a double portion of all that he has, for he was the first issue of his strength; the right of the first-born is his.
COMMENT 21:15-17
The wisdom of having two wives is not even discussed by the lawgiver. As in so many other cases in this book, the evil is anticipated and the problem faced as is, not as hoped.
From an emotional and sentimental standpoint, the father would be tempted to give the son of the beloved wife the greater portion of his inheritance. But law and order crumbles before such sentimentality: the firstborn was to receive his double portion regardless of the position his mother held in his father’s esteem. Remembering the favoritism Jacob showed to Joseph, though both of these were godly men, it is not difficult to see the need of this exhortation. Whatever the portion given the other sons, the portion allotted to the eldest son was to be twice as much. His right were to be honored.
Deuteronomy 21:18-21
(2) THE TREATMENT OF STUBBORN SONS (Deuteronomy 21:18-21)
18 If a man have a stubborn and rebellious son, that will not obey the voice of his father, or the voice of his mother, and though they chasten him, will not hearken unto them; 19 then shall his father and 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 stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. 21 And all the men of his city shall stone him to death with stones: so shalt thou put away the evil from the midst of thee; and all Israel shall hear, and fear.
THOUGHT QUESTIONS 21:18-21
Here is parental discipline with a vengeance! Why was this necessary? Do you imagine it was practiced?
Notice the preventative measures taken before the corrective discipline was administered.
AMPLIFIED TRANSLATION 21:18-21
18 If a man has a stubborn and rebellious son, who will not obey the voice of his father or his mother, and though they chasten him, will not listen to them; 19 Then his father and his mother shall take hold of him, and bring him out to the elders of his city at the gate of the place where he lives,
20 And they shall say to the elders of his city, This our son is rebellious, he will not obey our voice; he is a glutton and a drunkard. [Proverbs 23:20-22.]
21 Then all the men of his city shall stone him to death; so you shall cleanse out the evil from your midst, and all Israel shall hear, and (reverently) fear.
COMMENT 21:18-21
See also Deuteronomy 5:16, Deuteronomy 27:16 (and notes on both these passages), Exodus 21:15; Exodus 21:17; Leviticus 20:9, Proverbs 30:17.
This case appears to deal especially with a son who had gained a reputation of gluttony and drunkeness (Deuteronomy 21:20), and who would not be deterred from such a life in spite of his parent’s exhortations. Their advice and chastisements were only met with stubbornness and rebellion. This son has not simply slipped, or made a mistakehe has been defiant, unruly, and recalcitrant. The severe punishment given to him is illustrative of God’s hatred for such sin.
AND ALL ISREAL SHALL HEAR, AND FEAR (Deuteronomy 21:21)One cannot imagine other young people witnessing such an event without being deeply sobered. When Ananias and Sapphira were struck down by God, great fear came upon the whole church, and upon all that heard these things (Acts 5:11). Some object lessons are too vivid and real to forget. This was to be a lesson for all Israel as well as punishment for one individual.
Deuteronomy 21:22-23
i. THE SANCTITY OF THE LAND: MAN HANGED ON A TREE (Deuteronomy 21:22-23)
22 And if a man have committed a sin worthy of death, and he be put to death, and thou hang him on a tree; 23 his body shall not remain all night upon the tree, but thou shalt surely bury him the same day; for he that is hanged is accursed of God; that thou defile not thy land which Jehovah thy God giveth thee for an inheritance.
THOUGHT QUESTIONS 21:22, 23
Read Joshua 10:22-27 and Numbers 25:4 to help understand this section
Was the hanging the cause of the death? What purpose was there in hanging on a tree?
AMPLIFIED TRANSLATION 21:22, 23
22 And if a man has committed a son worthy of death, and he is put to death, and [afterward] you hang him on a tree, [Joshua 10:26-27.]
23 His body shall not remain all night upon the tree, but you shall surely bury him the same day, for a hanged man is accursed by God; thus you shall not defile your land which the Lord your God gives you for an inheritance. [Galatians 3:13.]
COMMENT 21:22, 23
Note how Joshua carried out this command in Joshua 10:22-27. See also Numbers 25:4. This seems to be not a mode of execution per se, but rather a law concerning exposure after death. Ancient Syrian sculptures show naked men impaled at the top of long poles, and by the time of Esther the gallows (Esther 5:14apparently a similar device) was employed for the same purposepublic exposure of a criminal as an object of warning to the people.
Crucifixion was a terrible method of punishment adopted later by the Romans from the Orient, and used by them only on slaves and the vilest of criminals. The victim was left to die of exhaustion, whereas here the victim was slain first. But it, too, involved hanging on a tree, and Cursed is every one that hangeth on a tree (Cf. Galatians 3:13). Thus the death of our Savior by this means was doubly humiliating, simply from a standpoint of the opinion society had of such a criminal.
And Paul’s application is that in becoming such a curse for us, we may claim the promise of life.