Chapter 21

1 The expiation of an uncertain murder. 10 The usage of a captive taken to wife. 15 The firstborn is not to be disinherited upon private affection. 18 A stubborn son is to be stoned to death. 22 The malefactor must not hang all night on a tree.

1. Found slain. For a similar expression in respect to other circumstances, see chs. 17:2; 24:7. God has always emphasized the sacredness of human life and of personal rights (see on Gen. 9:5, 6).

2. Elders. Presumably the elders and judges of the villages in the vicinity of the place where the body was found chs. 16:18; 19:12).

3. Next unto. The elders of the city nearest to the body would be held responsible for the performance of the necessary last rites. It may have been presumed that the slayer was a person from the immediate vicinity.

Heifer. The age is not given, though Jewish commentators give two years as the age required. In other circumstances a heifer of three years is specified (Gen. 15:9).

Wrought with. That is, not been worked as a draft animal (see Num. 19:2).

4. Rough valley. Literally, “a valley of never-failing water.” The emphasis in the verse here is on the constant flowing water, and not the size or the condition of the surface.

Eared. Better, “plowed,” referring to an uncultivated spot (see on Gen. 45:6).

Strike off. Literally, “break.” Commentators have seen in the heifer a substitute for the murderer. There is a certain ritualistic element, in that the animal is young and has not been used in common labor.

5. Priests. See chs. 17:9; 18:1. The priests of the nearest Levitical city would be present to see that the requirements were carried out in harmony with what had been commanded, for “by their word,” literally, “upon their mouth,” all such cases were to be settled. The authority of the Levites was far reaching. They had a voice in every important decision. In this case their presence gave validity to the placing of the burden of the murder on the district in which the body was found.

6. Wash their hands. Taking water from the brook of the valley, they thus protested their innocence and that of the city they represented. Compare the words of the psalmist (Ps. 26:6; 73:13), and the action of Pilate at the trial of Christ (Matt. 27:24).

Over the heifer. If the heifer represented the unknown slayer, as seems to have been the case, then this act was symbolic of the placing of the guilt upon him.

Beheaded. Literally, “whose neck was broken” (see on v. 4).

7. Shall answer. In a ceremonial sense (ch. 27:14). They made a solemn declaration, in keeping with the authority of their holy office.

8. Be merciful. The word thus translated probably means “to cover.” The RSV has “forgive.” The same root in Arabic means “to cover,” “to hide.” The usual translation is “make an atonement” (Ex. 30:10; Lev. 4:20, 26, 31, 35; 5:6, 10, 13, 18; etc.). The noun from the same root is translated “mercy seat” (Ex. 25:17–22). The idea is that a covering, for protection.

Redeemed. Literally, “purchased,” “paid the price for.” It is sometimes translated “deliver” (Job 33:28; Ps. 55:18; 69:18; 78:42; 119:134), and “rescue” (1 Sam. 14:45).

Lay not.Literally, “do not permit to remain.” It may possibly be implied that the people of the vicinity were held guilty, in part, perhaps because they had not made the roads leading to their city as safe as they should have been.

So shalt thou put away. The Hebrew is emphatic: “and thou, shalt burn out,” meaning to “utterly root out,” or “consume.”

10. Taken them captive. Inasmuch as the Canaanites were to be wiped out, it is possible that the reference here is a general one referring to future conflicts with the surrounding nations (see on ch. 20:13, 14, 16).

11. A beautiful woman. Nothing is said as to whether she was married, but if all the males were slain ( ch. 20:13), she would be either unmarried or a widow.

12. To thine house. Literally, “to the midst of thy household,” certainly a more honorable procedure than to keep her secretly elsewhere.

Shave her head. Probably in mourning; or for purification, as some commentators think. Some widows in the East are said to perform a similar type of ritual at the end of a year of mourning for their deceased husbands.

13. In thine house. She was to be withdrawn from public gaze, and remain in retirement for one month (see Gen. 38:11).

A full month. Compare with the period of mourning for Aaron and Moses (Num. 20:29; Deut. 34:8). This would give her time to adjust herself to her new environment.

Wife. It is apparent that God intended to discourage illicit relations, and to encourage lawful marriage. Even a captive woman was not to be made the plaything of a man’s passions, but if willing to live in harmony with God’s people, she was to be given an honorable status.

14. Whither she will. Literally, “according to her soul,” that is, wherever she desired. She was to be free to determine her own future, as mistress of her own person.

Not sell her. Compare the status of the married Hebrew slave whom the husband wished to divorce (Ex. 21:8).

Not make merchandise. Literally, “not deal tyrannically,” that is, to force her to become a slave.

15. The hated. The word “hated” in such cases implies sexual aversion toward (2 Sam. 13:15). This was the case with Jacob and Leah (see Gen. 29:16, 30, 31). It is not unlikely that in such case the husband’s affection for the children of the favored wife would be very much more marked.

16. Sons to inherit. Note that only sons are spoken of, not daughters, for the latter were not entitled to a double portion. Jewish tradition is that only sons born before the death of the father were so privileged. A posthumous son was not entitled to a double portion.

He may not make. This is equivalent to the modern execution of a will (see Gen. 24:36; 25:5).

17. Acknowledge. Despite his personal feelings and predilections.

Double portion. Literally, “the mouth of two,” that is, two portions. If a man had five sons the inheritance would be divided into six portions, the eldest son receiving two (see Gen. 48:22; 2 Kings 2:9).

The beginning. That is, the first fruits of his strength (see Gen. 49:1–3; also (Ps. 78:51; 105:36).

18. Stubborn and rebellious. “Stubborn” is from a verb meaning “to be rebellious,” “resentful,” “sullen.” Jewish commentators generally refer this to sons who manifested sullen resentment toward God’s requirements and refused to carry them out. “Rebellious” the Jews applied to one who did the things he was forbidden to do, particularly in relation to parents (see Ps. 78:8; Jer. 5:23).

Or … of his mother. Both parents were to be equally honored; both were to be dutifully obeyed.

Chastened. That is, “disciplined,” “corrected,” “admonished,” often referring to corporal punishment (see Deut. 8:5; Prov. 19:18; 29:17).

19. Lay hold. Literally, “to hold with firmness,” as a sword (Eze. 30:21).

Elders. See on chs. 16:18; 19:12.

The gate. See on Gen. 19:1.

20. Stubborn. See on v. 18.

Glutton. See the same expression in Prov. 23:20–22. “Glutton” is better translated, “wastrel,” “riotous eater.” This word implies the idea of being unreasonably lavish, of squandering one’s health and wealth.

21. Men of his city. The young man was incorrigible, yet the carrying out of so severe a penalty was not left to the father’s judgment; it was the solemn responsibility of the men of the city (see chs. 13:10; 17:5; 22:24). To discipline with severity was within the province of the parent (Prov. 19:18), but not the carrying out of the death penalty. For other crimes that merited the death penalty, see Ex. 21:15, 17; Lev. 20:2, 27; cf. Joshua 7:25.

Put evil away. See on ch. 19:20.

22. Hang him. Hanging is not infrequently recorded in the Bible (Gen. 40:22; 2 Sam. 21:12; Esther 7:10; 9:14). Jewish commentators maintain that the accused was put to death, and then the dead body hanged on a tree.

23. Not remain all night. See Joshua 8:29; 10:27.

Accursed. The root translated “accursed” means also to be “despicable,” “contemptible,” “dishonored.” Compare the argument of the apostle Paul in Gal. 3:10–14.

Land be not defiled. The land was conceived of as being defiled by the exposure of the bodies of criminals who had suffered the extreme penalty. The criminal who was hanged was thought of as being under God’s ban, and his body was not to remain in the public gaze. Jesus was condemned by His own people as one of the worst of criminals, and as under Jehovah’s curse (Matt. 27:43; cf. Isa. 53:4).