Text -- Deuteronomy 21:1-14 (NET)

Laws Concerning Unsolved Murder

21:1 If a homicide victim should be found lying in a field in the land the Lord your God is giving you, and no one knows who killed him, 21:2 your elders and judges must go out and measure how far it is to the cities in the vicinity of the corpse. 21:3 Then the elders of the city nearest to the corpse must take from the herd a heifer that has not been worked– that has never pulled with the yoke– 21:4 and bring the heifer down to a wadi with flowing water, to a valley that is neither plowed nor sown. There at the wadi they are to break the heifer’s neck. 21:5 Then the Levitical priests will approach (for the Lord your God has chosen them to serve him and to pronounce blessings in his name, and to decide every judicial verdict) verdict) 21:6 and all the elders of that city nearest the corpse must wash their hands over the heifer whose neck was broken in the valley. 21:7 Then they must proclaim, “Our hands have not spilled this blood, nor have we witnessed the crime. 21:8 Do not blame your people Israel whom you redeemed, O Lord, and do not hold them accountable for the bloodshed of an innocent person.” Then atonement will be made for the bloodshed. 21:9 In this manner you will purge out the guilt of innocent blood from among you, for you must do what is right before the Lord.

Laws Concerning Wives

21:10 When you go out to do battle with your enemies and the Lord your God allows you to prevail and you take prisoners, 21:11 if you should see among them an attractive woman whom you wish to take as a wife, 21:12 you may bring her back to your house. She must shave her head, trim her nails, 21:13 discard the clothing she was wearing when captured, and stay in your house, lamenting for her father and mother for a full month. After that you may have sexual relations with her and become her husband and she your wife. 21:14 If you are not pleased with her, then you must let her go where she pleases. You cannot in any case sell her; you must not take advantage of her, since you have already humiliated her.

Commentary -- Word/Phrase Notes (per phrase)

Wesley: Deu 21:1

Or, in the city, or any place: only the field is named, as the place where such murders are most commonly committed.

Wesley: Deu 21:2

Those of thy elders who are judges: the judges or rulers of all the neighbouring cities.

Wesley: Deu 21:2

Unless it be evident which city is nearest; for then measuring was superfluous.

Wesley: Deu 21:3

A fit representative of the murderer, in whose stead it was killed, who would not bear the yoke of God's laws. A type also of Christ, who was under the yoke, but what he had voluntarily taken upon himself.

Wesley: Deu 21:4

That such a desert and horrid place might beget an horror of murder and of the murderer.

Wesley: Deu 21:4

To shew what they would and should have done to the murderer if they had found him.

Wesley: Deu 21:5

Of this kind: every controversy which shall rise about any stroke, whether such a mortal stroke as is here spoken of, or any other stroke or wound given by one man to another.

Wesley: Deu 21:7

To the priests who shall examine them.

Wesley: Deu 21:7

This about which the present enquiry is made: or this which is here present: for it is thought the corps of the slain man was brought into the same place where the heifer was slain. Nor have we seen or understood how or by whom this was done.

Wesley: Deu 21:8

Though there was no mortal guilt in this people, yet there was a ceremonial uncleanness in the land, which was to be expiated and forgiven.

Wesley: Deu 21:10

Of other nations, but not of the Canaanites.

Wesley: Deu 21:11

Or, hast taken delight in her: which may be a modest expression for lying with her, and seems probable, because it is said, Deu 21:14, that he had humbled her. And here seem to be two cases supposed, and direction given what to do in both of them, that he did desire to marry her, of which he speaks, Deu 21:11-13. that he did not desire this, of which he speaks, Deu 21:14.

Wesley: Deu 21:12

In token of her renouncing her heathenish idolatry and superstition, and of her becoming a new woman, and embracing the true religion.

Wesley: Deu 21:13

Those sordid raiments which were put upon her when she was taken captive.

Wesley: Deu 21:13

Either their death, or which was in effect the same, her final separation from them.

Wesley: Deu 21:14

If thou dost not chuse to marry her.

Wesley: Deu 21:14

Make gain of her, either by using her to thy own servile works, or by prostituting her to the lusts or to the service of others.

JFB: Deu 21:1-6

The ceremonies here ordained to be observed on the discovery of a slaughtered corpse show the ideas of sanctity which the Mosaic law sought to associate with human blood, the horror which murder inspired, as well as the fears that were felt lest God should avenge it on the country at large, and the pollution which the land was supposed to contract from the effusion of innocent, unexpiated blood. According to Jewish writers, the Sanhedrin, taking charge of such a case, sent a deputation to examine the neighborhood. They reported to the nearest town to the spot where the body was found. An order was then issued by their supreme authority to the elders or magistrates of that town, to provide the heifer at the civic expense and go through the appointed ceremonial. The engagement of the public authorities in the work of expiation, the purchase of the victim heifer, the conducting it to a "rough valley" which might be at a considerable distance, and which, as the original implies, was a wady, a perennial stream, in the waters of which the polluting blood would be wiped away from the land, and a desert withal, incapable of cultivation; the washing of the hands, which was an ancient act symbolical of innocence--the whole of the ceremonial was calculated to make a deep impression on the Jewish, as well as on the Oriental, mind generally; to stimulate the activity of the magistrates in the discharge of their official duties; to lead to the discovery of the criminal, and the repression of crime.

JFB: Deu 21:10-14

According to the war customs of all ancient nations, a female captive became the slave of the victor, who had the sole and unchallengeable control of right to her person. Moses improved this existing usage by special regulations on the subject. He enacted that, in the event that her master was captivated by her beauty and contemplated a marriage with her, a month should be allowed to elapse, during which her perturbed feelings might be calmed, her mind reconciled to her altered condition, and she might bewail the loss of her parents, now to her the same as dead. A month was the usual period of mourning with the Jews, and the circumstances mentioned here were the signs of grief--the shaving of the head, the allowing the nails to grow uncut, 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. The delay was full of humanity and kindness to the female slave, as well as a prudential measure to try the strength of her master's affections. If his love should afterwards cool and he become indifferent to her person, he was not to lord it over her, neither to sell her in the slave market, nor retain her in a subordinate condition in his house; but she was to be free to go where her inclinations led her.

Clarke: Deu 21:4

Shall bring down the heifer unto a rough valley - נחל איתן nachal eythan might be translated a rapid stream, probably passing through a piece of uncultivated ground where the elders of the city were to strike off the head of the heifer, and to wash their hands over her in token of their innocence. The spot of ground on which this sacrifice was made must be uncultivated, because it was considered to be a sacrifice to make atonement for the murder, and consequently would pollute the land. This regulation was calculated to keep murder in abhorrence, and to make the magistrates alert in their office, that delinquents might be discovered and punished, and thus public expense saved.

Clarke: Deu 21:6

Shall wash their hands over the heifer - Washing the hands, in reference to such a subject as this, was a rite anciently used to signify that the persons thus washing were innocent of the crime in question. It was probably from the Jews that Pilate learned this symbolical method of expressing his innocence.

Clarke: Deu 21:11

And seest - a beautiful woman - No forcible possession was allowed even in this case, when the woman was taken in war, and was, by the general consent of ancient nations, adjudged as a part of the spoils. The person to whose lot or share such a woman as is here described fell, might, if he chose, have her for a wife on certain conditions; but he was not permitted to use her under any inferior character.

Clarke: Deu 21:12

She shall shave her head - This was in token of her renouncing her religion, and becoming a proselyte to that of the Jews. This is still a custom in the East; when a Christian turns Mohammedan his head is shaven, and he is carried through the city crying, la alahila allah we Mohammed resooli Allah ; "There is no God but God, and Mohammed is the prophet of God.

Clarke: Deu 21:12

Pare her nails - ועשתה את צפרניה veasethah eth tsipporneyha , "she shall make her nails."Now whether this signifies paring or letting them grow, is greatly doubted among learned men. Possibly it means neither, but colouring the nails, staining them red with the hennah, which is much practiced in India to the present day, and which was undoubtedly practiced among the ancient Egyptians, as is evident from the nails of mummies which are found thus stained. The hennah, according to Hasselquist, grows in India, and in Upper and Lower Egypt; it flowers from May to August. The manner of using it is this: the leaves are powdered, and made into a paste with water: they bind this paste on the nails of their fingers and toes, and let it stand on all night; in the morning they are found to be of a beautiful reddish yellow, and this lasts three weeks or a month, after which they renew the application. They often stain the palms of their hands and the soles of their feet in the same way, as appears from many paintings of eastern ladies done in India and Persia, which now lie before me. This staining the soles of the feet with the hennah is probably meant in 2Sa 19:24 : Mephibosheth had not dressed (literally made) his feet - they had not been thus coloured.

Calvin: Deu 21:1

1.=== If === one be found slain in the land. This Supplement: is of a mixed character, relating partly to the civil, and partly to the criminal law. We are informed by it how precious to God is the life of man; for, if a murder had been committed by some unknown person, He requires an expiation to be made, whereby the neighboring cities should purge themselves from the pollution of the crime. Whence it appears that the earth is so polluted by human blood, that those who encourage murder by impunity, implicate themselves in the guilt. The question here is as to a secret crime, the guilt of which attaches to the neighboring cities, until, by the institution of a diligent inquiry, they can testify that the author is not discovered; how much less excusable, then, will they be, if they allow a murderer to escape with impunity? The rite prescribed is, that the elders of the nearest city should take a heifer which had not drawn in a yoke, and bring it into a stony and barren valley, cut off its neck with the assistance of the priests, wash their hands, and bear witness that their hands as well as their eyes are pure, as not being cognizant of the criminal. God chose a heifer that had not born a yoke, in order that the satisfaction made by innocent blood might be represented in a more lively manner; whilst it was to be killed in a desert place, that the pollution might be removed from the cultivated lands. For, if the blood of the heifer had been shed in the middle of the market-place of the city, or in any inhabited spot, the familiarity with the sight of blood would have hardened their minds in inhumanity. For the purpose, therefore, of awakening horror, it was drawn out into a solitary and uncultivated spot, that they might be thus accustomed to detest cruelty. But although, properly speaking, this was not a sacrifice which could be offered nowhere except in the sanctuary, still it nearly approached to the nature of a sacrifice, because the Levites were in attendance, and a solemn deprecation was made; nevertheless, they were not only employed as ministers of the altar, but also as judges, for their office is expressed in the words, that they were “chosen to minister to God, to bless the people, and to pronounce sentence as to every stroke.”

Calvin: Deu 21:6

6.=== And === all the elders of that city. The washing of their hands had the effect of stirring them up the more, so that they should not inconsiderately protest in that solemn rite that they were pure and guiltless; for it was just as if they had presented the corpse of the dead mall before God, and had stood themselves opposite to it to purge away the crime. At the same time, also, they ask for pardon, because it might have been through their carelessness that the man was smitten; and again, since, by the sacrilege of Achan alone the whole people were contaminated, it was to be feared lest the vengeance of God should extend more widely on account of the offense committed. And thus they were again taught how greatly God abominates murders, when the people pray that they may be pardoned for the crime of another, as if, by the very looking upon it, they had contracted guilt. God at length declares that He will not impute it to them, when they have duly performed this rite of expiation; not because the heifer was the price of satisfaction to propitiate God, but because in this way they humbly reconciled themselves to Him, and shut the door against murders for the time to come. On this account it is said — “Thou shalt put away the blood from among you;” for if the murder be passed over without observation, there remains a blot upon the people, and the earth itself, in a manner, stinks before God.

Calvin: Deu 21:10

10.When thou goest forth to war The same thing is now commanded respecting wives as above respecting meats. As regarded the Canaanites, who were destined and devoted to destruction, we have seen that the Israelites were prohibited from taking their women to wife, lest this connection should be an enticement to sin; but Moses now goes further, viz., that the Israelites, having obtained a victory over other nations, should not marry any of the captive women, unless purified by a solemn rite. This, then, is the sum, that the Israelites should not defile themselves by profane marriages, but in this point also should keep themselves pure and uncorrupt, because they were separated from other people, to be the peculiar people of God. It was better, indeed, that they should altogether abstain from such marriages; yet it was difficult so to restrain their lust as that they should not decline from chastity in the least, degree; and hence we learn how much license conquerors allow themselves in war, so that there is no room for perfect purity in them. Wherefore God so tempers His indulgence as that the Israelites, remembering the adoption wherewith He had honored them, should not disgrace themselves, but in the very fervor of their lust should retain some religious affection. But the question here is not of unlawful ravishment, but Moses only speaks of women who have been made captives by the right of war, for we know that conquerors have abused them with impunity, because they had them under their power and dominion. But since many are led astray by the blandishments of their wives, God applies a remedy, viz., that the abjuration of their former life should precede their marriage; and that none should be allowed to marry a foreign wife until she shall have first renounced her own nation. To this refers the ceremony, that the woman should shave her head, and cut her nails, and change her garments, and lament her father and her family for an entire month, viz., that she may renounce her former life, and pass over to another people. Some of the rabbins twist the words to a different meaning, as if God would extinguish love in the minds of the husbands by disfiguring the women; for the shaving of the head greatly detracts from female beauty and elegance; and “to make the nails,” for so the words literally mean, they understand as to let them grow; and the prolongation of the nails has a disgusting appearance. But their gloss is refuted by the context, in which she is commanded to put off the raiment of her captivity.: But I have no doubt but that their month of mourning, their shaven head, and the other signs, are intended by God for their renewal, so that they may accustom themselves to different habits. And with the same object they are commanded to bewail their parents as if dead, that they may bid farewell to their own people. To this the Prophet seems to allude in Psa 45:10, when he says, “Hearken, O daughter, and consider, and incline thine ear; forget also thine own people, and thy father’s house;” for he intimates that otherwise the marriage of a foreign woman with Solomon would not be pure and legitimate, unless she should relinquish her superstitions, and devote herself to God’s service. Nor was it needless that God should require the Israelites diligently to beware lest they should take wives as yet aliens from the study of true religion, since experience most abundantly shows how fatal a snare it is. But although we are not now bound to this observance, yet the rule still holds good that men should not rashly ally themselves with women still devoted to wicked superstitions. ⁵¹

TSK: Deu 21:1

Psa 5:6, Psa 9:12; Pro 28:17; Isa 26:21; Act 28:4

TSK: Deu 21:2

Deu 16:18, Deu 16:19; Rom 13:3, Rom 13:4

TSK: Deu 21:3

an : Num 19:2; Jer 31:18; Mat 11:28-30; Phi 2:8

TSK: Deu 21:4

a rough valley : As the word nachal signifies both a torrent, and the valley or glen through which it flows, nachal aithan may be rendered a rapid torrent. Many torrents in Judea are dry during a great part of the year; when not only their banks but their beds may be ploughed, and yield a crop. Hence there is no impropriety in specifying that such a place should be one that ""is neither cared nor sown;""while the circumstance that the elders were to wash their hands over the heifer, whose head had been struck off into the stream, confirms this interpretation. The spot of ground where this sacrifice was made must be uncultivated, because it was considered as a sacrifice for the atonement of murder, and, consequently, would pollute the land.

shall strike : 1Pe 2:21-24, 1Pe 3:18

TSK: Deu 21:5

for them : Deu 10:8, Deu 18:5; Num 6:22-27; 1Ch 23:13

by their word : Deu 17:8-12; Mal 2:7

word : Heb. mouth

TSK: Deu 21:6

wash their hands : Washing the hands was anciently a symbolical action, denoting that the person was innocent of the crime in question. Job 9:30; Psa 19:12, Psa 26:6, Psa 51:2, Psa 51:7, Psa 51:14, Psa 73:13; Jer 2:22; Mat 27:24, Mat 27:25; Heb 9:10

TSK: Deu 21:7

Num 5:19-28; 2Sa 16:8; Job 21:21-23, Job 21:31-34; Psa 7:3, Psa 7:4

TSK: Deu 21:8

lay not : Num 35:33; 2Sa 3:28; 2Ki 24:4; Psa 19:12; Jer 26:15; Eze 23:3, Eze 23:24, Eze 23:25; Jon 1:14; Mat 23:35; 1Th 2:15, 1Th 2:16

unto thy people : Heb. in the midst

TSK: Deu 21:9

shalt thou : Deu 19:12, Deu 19:13

when thou shalt : Deu 13:18; 2Ki 10:30, 2Ki 10:31

TSK: Deu 21:10

thou goest : Deu 20:10-16

TSK: Deu 21:11

desire : Gen 6:2, Gen 12:14, Gen 12:15, Gen 29:18-20, Gen 34:3, Gen 34:8; Jdg 14:2, Jdg 14:3; Pro 6:25, Pro 31:10, Pro 31:30

that : Num 31:18

TSK: Deu 21:12

la eelah eela allah wemochammed resoolu 7)llahee , ""There is no God but the God, and Mohammed is the prophet of God.""1Co 11:6; Eph 4:22

pare her nails : or, suffer to grow, Heb. make, or dress, Weâsethah eth tzipparneyha , ""and she shall make her nails;""i.e., probably neither paring nor letting them grow, but dressing or beautifying them as the Eastern women still do by tinging them with the leaves of an odoriferous plant called alhenna , which Hasselquist (p. 246) informs us, ""grows in India and in upper and lower Egypt, flowering from May to August. The leaves are pulverized and made into a paste with watercaps1 . tcaps0 hey bind this paste on the nails of their hands and feet, and keep it on all night. This gives them a deep yellow, which is greatly admired by Eastern nations. The colour lasts for three or four weeks before there is occasion to renew it. The custom is so ancient in Egypt, that I have seen the nails of mummies dyed in this manner.""

TSK: Deu 21:13

and bewail : Psa 45:10, Psa 45:11; Luk 14:26, Luk 14:27

TSK: Deu 21:14

thou shalt : Exo 21:7-11

because thou : Deu 22:19, Deu 22:24, Deu 22:29; Gen 34:2; Jdg 19:24

Commentary -- Word/Phrase Notes (per Verse)

Barnes: Deu 21:2

The elders represented the citizens at large, the judges the magistracy: priests Deu 21:5 from the nearest priestly town, were likewise to be at hand. Thus, all classes would be represented at the purging away of that blood-guiltiness which until removed attached to the whole community.

Barnes: Deu 21:3

The requirements as regards place and victim are symbolic. The heifer represented the murderer, so far at least as to die in his stead, since he himself could not be found. As hearing his guilt the heifer must therefore be one which was of full growth and strength, and had not yet been ceremonially profaned by human use. The Christian commentators find here a type of Christ and of His sacrifice for man: but the heifer was not strictly a sacrifice or sin-offering. The transaction was rather figurative, and was so ordered as to impress the lesson of Gen 9:5.

Barnes: Deu 21:4

Eared - i. e., plowed; compare Gen 45:6 note and references. The word is derived from the Latin, and is in frequent use by English writers of the fifteenth and two following centuries.

Strike off the heifer’ s neck - Rather, "break its neck"(compare Exo 13:13). The mode of killing the victim distinguishes this lustration from the sin-offering, in which there would be of course shedding and sprinkling of the blood.

Barnes: Deu 21:10

The regulations which now follow in the rest of this and throughout the next chapter bring out the sanctity of various personal rights and relations fundamental to human life and society.

Deu 21:10-14. The war supposed here is one against the neighboring nations after Israel had utterly destroyed the Canaanites (compare Deu 7:3), and taken possession of their land.

Barnes: Deu 21:12

The shaving the head (a customary sign of purification, Lev 14:8; Num 8:7), and the putting away "the garment of her captivity,"were designed to signify the translation of the woman from the state of a pagan and a slave to that of a wife among the covenant-people. Consistency required that she should "pare"(dress, compare 2Sa 19:24), not "suffer to grow,"her nails; and thus, so far as possible, lay aside everything belonging to her condition as an alien.

Barnes: Deu 21:13

Bewail her father and her mother a full month - This is prescribed from motives of humanity, that the woman might have time and leisure to detach her affections from their natural ties, and prepare her mind for new ones.

Barnes: Deu 21:14

Thou shalt not make merchandise of her - Rather, thou shalt not constrain her: literally "treat her with constraint,"or "treat her as a slave."

Poole: Deu 21:1

In the field or, in the city, or any place, only the field is named, as the place where such murders are most commonly committed, and most easily concealed.

Poole: Deu 21:2

Thy elders and thy judges those of thy elders who are judges; for the latter word explains and restrains the former, the judges or rulers of all the neighbouring cities, who were all concerned in this inquiry.

They shall measure unless it be evident and confessed which city is nearest, for then measuring was superfluous.

Poole: Deu 21:3

A fit vicegerent and representative of the murderer, in whose stead it was killed, who by this act hath shown himself to be a son of Belial, who would not bear the yoke of God’ s law. A type also of Christ, who was obliged to no work, and under no yoke, but what he had voluntarily taken upon himself.

Poole: Deu 21:4

Neither eared nor sown partly to represent the hard and unprofitable and untutored heart of the murderer; and partly that such a desert and horrid place might beget a horror of murder and of the murderer.

Strike off the heifer’ s neck to show what they would and should have done to the murderer if they had found him.

Poole: Deu 21:5

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 Gen 4:15 Lev 24:17 , &c., or any other stroke or wound given by one man to another.

Poole: Deu 21:6

In testimony of their innocency. See Poole "Mat 27:24" .

Poole: Deu 21:7

They shall answer to wit, to the priests who shall examine them and determine this controversy.

This blood this about which the present inquiry is made; or this which is here present; for it is thought the corpse of the slain man was brought into the same place where the heifer was slain.

Neither have our eyes seen it nor have we seen or understood how or by whom this was done.

Poole: Deu 21:8

i.e. Not imputed to them, nor punished in them; for God is sometimes said to

forgive when he doth not punish, as Psa 78:38 . Besides, though there was no mortal guilt in this people, yet there was a ceremonial uncleanness in the land, which was to be expiated and forgiven.

Poole: Deu 21:10

Thine enemies of other nations, but not of the Canaanites, for they might not spare their women, and much less marry them, Exo 34:16 Deu 7:3 .

Poole: Deu 21:11

Hast a desire unto her or, hast cleaved to her , to wit, in love; or, hast taken delight in her ; which may be a modest expression for lying with her , and seems probable, because it is said, Deu 21:14 , that he had humbled her, to wit, by military insolence, when he took her captive, not after he had married her, for then he would have expressed it thus, because thou hast married her , which had been more emphatical than to say, because thou hast humbled her . And here seem to be two cases supposed, and direction given what to do in both of them:

1. That he did desire to marry her, of which he speaks Deu 21:11-13 .

2. That he did not desire this, or not delight in her, of which he speaks Deu 21:14 .

Poole: Deu 21:12

Either,

1. To take off his affections from her by rendering her uncomely and deformed; but then the last words must not be rendered shall

pare her nails but shall nourish them , or suffer them to grow , as the Chaldee, Arabic, and divers of the learned Jews and other interpreters render it. Or,

2. To express her sorrow for the loss of her father and mother, as it follows, Deu 21:13 , it being the ancient custom of mourners in most nations to shave themselves, and in some to pare their nails, in others to suffer them to grow. Or rather,

3. In token of her renouncing her heathenish idolatry and superstition, and of her becoming a new woman, and embracing the true religion; which her captive condition and subjection to his will would make her inclinable to do in profession.

Poole: Deu 21:13

The raiment of her captivity i.e. either,

1. Those goodly raiments in which she was when she was taken captive, instead of which she now must put on a servile habit, as this is generally understood; or rather,

2. Those servile and sordid raiments which were put upon her when she was taken captive, as the manner was to do with captives, as the phrase itself seems to intimate; as prison garments Jer 52:33are such garments as prisoners use to wear; and garments of praise are praiseworthy or glorious garments; and it seems harsh to call those garments of captivity , which are made for and generally worn by free persons only, and which are usually taken away from persons when they come into captivity. Add, that this doth not seem to be any part or token of her sorrow, but rather a mending of her condition, and exchanging her servile habit for a better and more decent one, which might be, though this were a mourning habit.

Her father and mother either their death, or, which was in effect the same, her final separation from them. Withal this signified her alienation from them or from their superstitious and idolatrous courses, and her translation of her love from all other persons to her husband and to the true religion. Compare Psa 45:11 .

She shall be thy wife supposing what might very rationally be supposed of one in her circumstances, and what she signified by the foregoing rites, that she should submit to her husband’ s religion, in which case the marriage might be tolerable. Or this was a permission and indulgence given to them for the hardness of their hearts, as in the case of divorce, Deu 24:1 Mat 19:8 .

Poole: Deu 21:14

If thou have no delight in her either,

1. After thou hast married her; and so this is a permission of a divorce, which being indulged towards an Israelitish woman, was not likely to be denied towards a stranger. Or rather,

2. Before thy marriage; for it is not probable, that God having given him competent time for the trial of his affections to her before he was permitted to marry her, would suffer him upon so slight an occasion, within a day or two after so solemn a contract, to send her away; nor is there a word spoken here of any divorce.

Thou shalt not make merchandise of her i.e. make gain of her, either by using her to thy own servile works, or by prostituting her to the lusts or to the service of others.

Humbled her i.e. lain with her, as this phrase is oft used, as Gen 34:2 Deu 22:24,29 Jud 19:24 Eze 23:10,11 .

Haydock: Deu 21:1

Land. The Jewish doctors hence infer, that if the corpse was found hanging or drowned &c., or nearer a town of the Gentiles than one of the Israelites, this law did not oblige. They are so exact as to dispute whether the distance must be measured from the nose or from the naval of the deceased. (Selden, Syned. iii. 7.) But the law shews us, that the author of the murder must be discovered, if possible, as the crime is so grievous as, in a manner, to defile the land, and draw down the vengeance of God, if it be carelessly left unpunished. (Calmet)

Haydock: Deu 21:2

Ancients and judges. After the strictest inquiry, if the murderer could not be discovered, the magistrates and senate of the neighbouring cities measured which city the corpse was nearest. (Josephus, [Antiquities?] iv. 8.) The Rabbins pretend that five of the Sanhedrim were commissioned to make this enquiry, along with the magistrates of the neighbourhood. Others think that the ancients were only the old men. The measuring took place only when the point was contested, and those cities are probably meant, which were of sufficient importance to have twenty-three judges fixed in them. (Calmet) ---

It was presumed that the nearest had been guilty of greater negligence. (Haydock)

Haydock: Deu 21:3

Heifer, not above three years old, say the Rabbins. The pagans esteemed those victims more agreeable to the gods, which had not been yoked. Chermon observes, that the Egyptians rejected such as had been once "consecrated to labour." (Grotius) ---

This circumstance might here indicate, that the murderer was a son of Belial, or "without yoke;" (chap xiii. 13.; Menochius) and the heifer was slain to shew what he deserved, and must expect if he be discovered. (Haydock)

Haydock: Deu 21:4

Valley. In such places murders are most frequently perpetrated. Hebrew may signify, "a desert," deep or inaccessible torrent, (Haydock) on the side of which the heifer was to be slain, and its body was then, it seems, thrown into the water. The ancients first washed their hands over her. Thus the victim of malediction against those who break a covenant, is buried in a ditch, or cast into the sea. (Homer, Iliad i.) ---

Was. Some translate the Hebrew "shall be," as if the place was to be hereafter considered as unclean and accursed. (Calmet) ---

The roughness and depth of the valley, denote the hardness of the murderer's heart, and the depth of his malice. (Menochius) ---

Strike off, or cœdent, "cut the neck," (Haydock) at the top, without perhaps separating it entirely from the body. Blood was given for blood, and this was the chief design of the bloody sacrifices. For this reason, the Egyptians impressed a seal upon the horns of the victim, representing a man kneeling, with his hands tied behind his back, as if ready to receive the stroke of death. (Plut.[Plutarch,?] Isis.)

Haydock: Deu 21:5

Judged. We see here again the great authority of the priests, chap. xvii. 9. Hebrew, "by their word shall every controversy and every stroke be tried," as the Protestants render it. (Haydock) ---

Some understand by stroke, the leprosy, of which they were undoubtedly the judges. But it is better to explain it of all wounds, and even of death, (Calmet) concerning which Moses is here speaking. (Haydock) ---

The Rabbins restrain the authority of priests as much as they can, to give greater power to their chimerical Sanhedrim. They pretend here that they had only to pronounce the blessing, ver. 8. Josephus ([Antiquities?] iv. 8) joins the magistrates with them in the whole ceremony. This awful meeting of so many people, tended to discover the authors of the murder, as all would naturally converse together on the subject, and each person declaring what he knew, some suspicions might at last be formed, which might by degrees lead to the detection. Josephus says rewards were proposed to any who might make a discovery. Draco decreed, that on the very day when a murder was announced, if the author was not known, the whole people (of Athens) should be purified. (Calmet) ---

Abulensis insinuates, that if the murderer was present in the crowd, he might be detected by blood gushing from to corpse of the deceased, &c., as God often brings murder to light in a wonderful manner. (Cic.[Cicero,?] Div. 1.) (Tirinus)

Haydock: Deu 21:6

Wash. This was intended to testify that they were not guilty of the blood which had been shed, and that they wished to remove the punishment of it from themselves upon the head of the heifer, (Calmet) the representative of the unknown murderer. So Pilate conformed to this custom, when he condemned Christ on the bare accusation of the Jews; (Matthew xxvii. 24) and the priest, at mass, washes his hands, as an emblem of that innocence, with which he ought to approach the holy of holies. (Haydock) ---

Asterius was stricken with lightning, for touching the altar of Jupiter without having washed his hands. (Natal. Myth. i. 10. 14.) The pagans generally purified themselves with fumigations, or by sprinkling sea water upon their bodies. Achilles ordered the things which had been used to purify the Greeks, at the siege of Troy, to be thrown into the sea, as being unclean. (Iliad i.)

Haydock: Deu 21:7

It. Magistrates are in some degree responsible, if by their neglect the high roads are unsafe. (Calmet) ---

They had testified that they had done their duty. (Worthington)

Haydock: Deu 21:9

And, &c. Hebrew, "Thou shalt put away," (Haydock) or "extinguish the voice of innocent blood," which otherwise would cry to heaven for vengeance, Genesis iv. 10. In this sacrifice, (Calmet) though it deserves not the name, (Menochius) we may consider Jesus Christ suffering for the sins of others. (Calmet)

Haydock: Deu 21:10

Captives. Some Rabbins say this was only lawful in what they call voluntary wars, which the Lord had not commanded, as in those which were waged against the devoted nations it was not permitted to reserve the women, even though they should embrace the true religion. Calmet seems to be of the same opinion in the proceeding chapter, to which he even refers. But here he thinks that, upon their complying with the condition specified, they might be married, as Rahab was, and consequently this law must be considered as an exception to those general laws, which prohibit matrimony with those nations of Chanaan, which were otherwise ordered to be entirely destroyed, chap. vi. 16. "We believe," says he, "that if these women changed their religion, they might be espoused, of whatever nation they may be." He seems still to exclude the Chanaanite women, (chap. xxiii. 3,) which variation of sentiment shews that the point is not to be easily decided. (Haydock)

Haydock: Deu 21:11

Lovest her. The Jewish doctors explain this of an action, which modesty disallows, and which they tolerate nevertheless in the first transports of victory; (Selden, Jur. v. 13,) though the pagans condemned it as unjust and contrary to reason. (Grotius, Jur. iii. 4.) ---

All know with what reserve Alexander treated women; and the Romans banished one Torquatus, for having violated a prisoner of war. (Plut.) ---

Yet the Jews blush not to assert, that such liberties might be taken even with married women, as their former marriage with a pagan was by some deemed null, and by others thought to be dissolved. (Josephus iv. 8.) (Calmet) ---

The law, however, seems only to allow the marrying of those who had no husbands before, as the women are only said to mourn for father and mother, v. 13. (Haydock) ---

On these occasions the Chinese, and probably the Egyptians also, and the Roman matrons, formerly clothed themselves in white, while almost all other nations assumed black. (Tirinus)

Haydock: Deu 21:12

Hair. In mourning, people did the reverse to what they were accustomed to do in the days of joy. The men let their hair grow, the women cut this ornament of their head, a thing which the prophets often threaten, Isaias xv. 23., and Jeremias xlvii. 5, &c. (Calmet) ---

Nails. Some would translate the Hebrew "she shall make her nails grow, " as a mark of sorrow, perhaps usual among the pagans faciet ungues. But the Septuagint, Philo, &c. agree with the Vulgate; (Menochius) and the Hebrew may very well have the same sense. We must not judge of the idea which others have of beauty, by our own sentiments. Some women in America have long nails, and esteem them as marks of beauty and nobility; and in China, they let those of the left hand grow, and cut them in mourning. (Hist. Sin. iii. 1.) The people of Mauritania take a pride in having long nails. (Strabo, xvi.) The Duke of Burgundy, not 300 years ago, was distinguished among the slain, before Nancy, in France, (Haydock) by the length of his nails; (Calmet) and, in ancient times, people never cut them in voyages at sea, unless to express their grief in extreme danger. Huic fluctus vivo radicitus abstulit ungues. (Propertius iii.; Petron.[Petronius?]) Why, therefore, might not these captives follow the same custom, as all depends on fashion? (Calmet) ---

The woman being deprived of her ornaments, the passion of the soldier might probably abate. St. Jerome (ep. 84,) applies this to worldly learning, which he endeavoured to make subservient to the truth, after he had cut away what was dead and pernicious in it. (Du Hamel)

Haydock: Deu 21:13

Raiment. In mourning, people wore different clothes from what they did at other times, 2 Kings xiv. 2. ---

One month. So long the mourning for Aaron and Moses continued, chap. xxxiv., and Numbers xx. (Menochius)

Haydock: Deu 21:14

Her. Nothing shews the weakness of the Hebrews more than this liberty, which the law was in a manner forced to allow, to prevent greater evils. The soldier who has married a captive, may abandon her, if he set her free, (Calmet) which was but a slight punishment for his inconstancy.

Gill: Deu 21:1

If one be found slain,.... After public war with an enemy, Moses proceeds to speak of a private quarrel and fight of one man with another, in which one is slain, as Aben Ezra observes:

in the land which the Lord thy God giveth thee to possess it; where murders might be committed more secretly, and remain undiscovered, when they came to live in separate cities, towns, and villages, with fields adjacent to them, than now encamped together:

lying in the field; where the quarrel begun, and where the fight was fought: or, however, where the murderer met with his enemy, and slew him, and left him; it being common for duels to be fought, and murders committed in a field; the first murder in the world was committed in such a place, Gen 4:8. The Targum of Jonathan is,"not hidden under an heap, not hanging on a tree, nor swimming on the face of the waters;''which same things are observed in the Misnah ⁱ, and gathered from some words in the text:

in the land, and so not under a heap:

lying, and so not hanging:

in the field, and so not swimming on the water:

and it be not known who hath slain him; the parties being alone, and no witnesses of the fact, at least that appear; for, if it was known, the heifer was not beheaded, later mentioned ^k; and one witness in this case was sufficient, and even one that was not otherwise admitted.

Gill: Deu 21:2

Then thy elders and thy judges shall come forth,.... From the city or cities near to which the murder was committed, to make inquiry about it, and expiation for it; so Aben Ezra interprets it of the elders of the cities near, but others understand it of the elders of the great sanhedrim at Jerusalem; so the Targum of Jonathan,"then shall go out from the great sanhedrim two of thy wise men, and three of thy judges;''and more expressly the Misnah ^l,"three go out from the great sanhedrim in Jerusalem;''R. Judah says five,"it is said "thy elders" two, and "thy judges" two,''and there is no sanhedrim or court of judicature equal (or even), therefore they add to them one more:

and they shall measure unto the cities which are round about him that is slain; that is, from the place where the slain lies, as Jarchi rightly interprets it; on all sides of it, from the four corner's, as the Targum of Jonathan, the cities round about the slain. Maimonides ^m says, they do not behead the heifer for, nor measure, but to a city in which there is a sanhedrim: if it is found between two cities (that is, at an equal distance), both bring two heifers (Maimonides ⁿ says they bring one between them, which is most reasonable); but the city of Jerusalem does not bring an heifer to be beheaded: the reason is, because it was not divided to the tribes ^o. This measuring, one would think, should be only necessary when it was not certain which was the nearest city; and yet Maimonides ^p says, even when it was found on the side of a city, which was certainly known to be nearest, they measured; the command, he observes, is to measure.

Gill: Deu 21:3

And it shall be, that the city which is next unto the slain man,.... And so suspected, as the Targum of Jonathan, of the murder; or the murderer is in it, or however belonged to it:

even the elders of the city shall take an heifer; of a year old, as the same Targum, and so Jarchi; and in this the Jewish writers agree, that it must be a year old, but not two; though heifers of three years old were sometimes used in sacrifice, Gen 15:9 a type of Christ, in his strength, laboriousness, and patience; see Num 19:2.

which hath not been wrought with; in ploughing land, or treading out corn:

and which hath not drawn in the yoke, which never had any yoke put upon it; or however, if attempted to be put upon it, it would not come under it, and draw with it: no mention is made, as usual, that it should be without blemish: because though in some sense expiatory, yet was not properly a sacrifice, it not being slain and offered where sacrifices were; hence it is said in the Misnah ^q, that a blemish in it did not make it rejected, or unlawful for use: nevertheless, this heifer may be a type of Christ, whose sufferings, bloodshed, and death, atone for secret and unknown sins, as well as for open and manifest ones, even for all sin; and its being free from labour, and without a yoke, may signify the freedom of Christ from the yoke of sin, and the service of it, and from human traditions; that he was not obliged to any toil and labour he had been concerned in, or to bear the yoke of the law, had he not voluntarily undertaken it of himself; and that he expiated the sins of such who were sons of Belial, children without a yoke; and for the same reason, this heifer not being required to be without blemish, might be because Christ, though he had no sin of his own, was made sin for his people, and reckoned as if he had been a sinner; though indeed, had this been the design of the type, all the sacrifices which typified Christ would not have required such a qualification, to be without blemish, as they did.

Gill: Deu 21:4

The elders of that city shall bring down the heifer unto a rough valley,.... Cities being generally built on hills, and so had adjacent valleys, to which there was a descent; but here a rough valley, or the rougher part of it, was selected for this purpose. As a valley is low, and this a rough one, it may be an emblem of Christ's being brought into this lower world, from heaven to earth, to do the will of his Father, which was to work out the salvation of his people; and of his coming into the lower parts of the earth, the womb of the virgin, at his incarnation, and to the grave at his death, Psa 139:15, and of the low estate he came into by the assumption of human nature; through appearing in the form of a servant, being in indigent circumstances, and ministered to by others, and needing the assistance of angels in the wilderness and garden, by which it appeared he was made lower than they; by his being despised of men, and forsaken by his Father; all which are proofs of the low estate he was brought into, fitly signified by a valley, and which was a rough valley to him; in which he was roughly treated, his life being sought after in his infancy by Herod, which obliged the flight of his parents with him into Egypt; and being not received, but rejected by his own, as the King Messiah, whom they would not have to reign over them, and loaded with opprobrious names by them; and who often sought and attempted by various ways to take away his life; and when apprehended and examined before the high priest, and in Pilate's hall, was used in the rudest manner, being spit upon, buffeted, and scourged; and when led out to be crucified, was treated in the most barbarous and scornful manner, and was put to death in the most painful and shameful way; and, above all, was severely handled by the justice of God, being numbered among the transgressors, when the sword of justice was awaked against him, and he was not in the least spared, but wrath came upon him to the uttermost for the sins of his people; so that this world he was brought into proved a rough valley indeed to him. This some take to be an emblem of the hard heart of the murderer who had committed such a barbarous and cruel action as to kill a man; or of the hard heart of a sinner, into which Christ is brought through the ministry of the word; or of the infamous place, Calvary, where Christ was brought to suffer death; but the former is best. Some interpret it, a "strong stream" ^q, or "rapid torrent"; so Maimonides ^r and others; and indeed in valleys there are generally streams or brooks of water, but this seems not so well to agree with what follows:

which is neither cared nor sown; that is, neither ploughed nor sown, but quite an uncultivated place; and this the Jews understand not of what it had been, or then was, but what it should be hereafter; that from henceforward it should never be manured, but lie barren and useless; so it is said in the Misnah ^s, the place is forbid sowing or tilling, but is free to dress flax in, or to dig stones out of it: so R. Joseph Kimchi ^t interprets this of a fat and fruitful valley, which was not to be tilled nor sown from thenceforward for time to come; the reason of which he thinks was, that they might be the more careful of their countries and borders, and how they encouraged bloody minded men to dwell among them; that no slain person might be found there, and so they lose a choice part of their possessions; and to the same purpose Maimonities ^u: and this became true of the fruitful land of Judea and Jerusalem, after the sufferings and death of Christ there, Luk 21:24.

and shall strike off the heifer's neck there in the valley; with an axe, on the back part of it, in the midst of the valley, as the Targum of Jonathan, and the same is said in the Misnah ^w: in this it was a type of Christ, who was put to death at the instigation of the elders of the Jewish nation, Mat 27:1 and without the gates of Jerusalem at Golgotha; see Heb 13:11.

Gill: Deu 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 that office, of whom there was some doubt at least whether they were of that tribe; these seem to be such that belonged to the court of judicature at Jerusalem; see Deu 17:9, who were to be present at this solemnity, to direct in the performance of it, and to judge and determine in any matter of difficulty that might arise:

for them the Lord thy God hath chosen to minister unto him; in the service of the sanctuary, by offering sacrifices, &c.

and to bless in the name of the Lord; the people; see Num 6:23.

and by their word shall every controversy and every stroke be tried; every controversy between man and man respecting civil things, and every stroke or blow which one man may give another; and whatsoever came before them was tried by them, according to the respective laws given concerning the things in question, and were not determined by them in an arbitrary way, according to their own will and pleasure; see Deu 17:8.

Gill: Deu 21:6

And all the elders of that city that are next unto the slain man,.... The whole court of judicature belonging to it, all the magistracy of it; even though there were an hundred of them, Maimonides ^x says:

shall wash their hands over the heifer that is beheaded in the valley: in token of their innocence, and this they did not only for themselves, but for the whole city, being the representatives of it; see Psa 26:6. Some think that this is a confirmation of the sense embraced by some, that it was a strong stream to which the heifer was brought; and there might be a stream of water here, and a valley also; though it would be no great difficulty to get from the city, which was near, a sufficient quantity of water to wash the hands of the elders with. This may denote the purification of sin by the blood of Christ, when it is confessed over him; and shows that priests and elders, ministers of the word, as well as others, stand in need of it; and that even those concerned in the death of Christ shared in the benefits of it.

Gill: Deu 21:7

And they shall answer and say,.... The elders of the city, at the time of the washing of their hands:

our hands have not shed this blood; have been no ways concerned in it, nor accessory to it: the Targum of Jonathan is,"it is manifest before the Lord that he did not come into our hands, nor did we dismiss him, that has shed this blood;''which is more fully explained in the Misnah ^y; for had they been aware of him, or had any suspicion of him or his design, they would have detained him, or at least would not have suffered him to have departed alone:

neither have our eyes seen; it, or him; so the Targum of Jerusalem,"our eyes have not seen him that hath shed this blood;''by which expression is meant, that they had no manner of knowledge of the murderer, nor of any circumstance that could lead them to suspect or conclude who he was.

Gill: Deu 21:8

Be merciful, O Lord, to thy people Israel, whom thou hast redeemed,.... Out of Egyptian bondage, and claimed as his own; and therefore it is requested he would be favourable to them, and show them mercy, and not punish them for a sin they were entirely ignorant of, though done by some one among them, whom as yet they could not discover. The words seem to be the words of the elders continued, who having made a declaration of their innocence, humbly request mercy of God, not only for themselves, but for all the people of Israel; yet, both the Targums of Onkelos and Jonathan take them to be the words of the priests, and so does Jarchi, and the same is affirmed in the Misnah ^z:

and lay not innocent blood unto thy people of Israel's charge; impute not the guilt of innocent blood to a people in general, when only a single person, and he unknown, is chargeable with it: or put it not "in the midst" of thy people; let it not be placed to the whole, because it cannot be found out whose it is, though it is certain it is one in the midst of them:

and the blood shall be forgiven them; that is, God will not impute it, and place it to their account, or lay it to their charge; but will graciously consider the beheading of the heifer as an expiation of it: it is said in the Misnah ^a,"if the murderer is found before the heifer is beheaded, it goes forth and feeds among the herd; but if after it is beheaded, it is buried in the same place; and again, if the heifer is beheaded, and after that the murderer is found, he shall be slain;''so the Targums, and Jarchi on the next verse.

Gill: Deu 21:9

So shalt thou put away the guilt of innocent blood from among you,.... Which otherwise, the person not being found out, and brought to just punishment for it, would devolve upon the whole. Aben Ezra interprets it the punishment of innocent blood, which, by the above method being taken, would not be inflicted on them:

when thou shalt do that which is right in the sight of the Lord; as it was to observe this law concerning the beheading of the heifer, with all the rites and ceremonies belonging to it here enjoined; as well as every other command, statute, and ordinance of the Lord, which are all right to be done, Psa 19:8.

Gill: Deu 21:10

When thou goest forth to war against thine enemies,.... This refers to an arbitrary war, as Jarchi remarks, which they entered into of themselves, of choice, or through being provoked to it by their enemies; and not a war commanded by the Lord, as that against the seven nations of Canaan, and against Amalek; since there were to be no captives in that war, but all were to be destroyed:

and the Lord thy God hath delivered them into thine hands; given them the victory over their enemies, so that they were obliged to surrender themselves to them prisoners of war:

and thou hast taken them captive, or "led his or their captivity ^b captive"; led them captive who used to lead others, denoting their conquest of victorious nations; see a like phrase in Psa 68:18.

Gill: Deu 21:11

And seest among the captives a beautiful woman,.... Whether a virgin, wife, or widow, according to the Jewish writers, even though another man's wife; so Jarchi ^c, and Maimonides ^d; the marriages of Gentiles being reckoned by the Jews no marriages:

and hast a desire unto her; being captivated with her beauty; some understand this of the strength and rage of lust, but it rather signifies a passionate desire of enjoying her in a lawful way, as follows:

that thou wouldest have her to thy wife; to be married to her in a legal manner; for though it was not allowed the Israelites to marry any of the seven nations of Canaan, nor indeed with any of other nations continuing in their idolatry; yet they might marry such as became their captives and servants, and were wholly in their own power; and especially if proselytes to their religion, and which this fair captive was to become before marriage, as is by some gathered from the following things to be done by her; though after all, this was only a permission, because of the hardness of their hearts, as is said of divorce; and that such marriages were not very grateful to God appears, as some have observed, from the ceremonies used before marriage, to render her contemptible; and the easy dismission of her afterwards, according to the sense of some interpreters.

Gill: Deu 21:12

Then thou shalt bring her home to thine house,.... In order to make her his wife, after some things were done here directed to; for this is not to be understood of his taking her home with a view to defile her, as Maimonides ^e interprets it; who observes, that when a man's lust so rages that he cannot subdue it, yet he ought not publicly to satisfy his lust, but to have the woman into a private and secret place, as it is said:

thou shalt bring her into the midst of thine house; nor was he permitted to lie with her in the camp, nor was it lawful for him to defile her a second time, until her mourning was at an end; though elsewhere ^f he gives a different sense of this passage, and supposes the man to have lain with the captive woman, before the introduction of her into his house; for it is a notion that prevails with the Jewish writers, that an Israelitish soldier might lie once with an Heathen woman taken captive, to gratify his lust, but might not repeat it; so it is said in the Talmud ^g; yet it must be observed, that there are some, though but few, who are of opinion that the first congress was unlawful, and that he might not touch her until certain conditions were fulfilled, and they were married, as R. Jochanan ^h; and which is embraced, supported, and defended by Abarbinel on the place, and in which he is undoubtedly right; and so it is understood by Josephus ⁱ and Philo ^k; for this law gives no liberty nor countenance to the violation of the beautiful captive. The plain meaning is, that when a Jewish soldier was passionately in love with a captive, and was desirous of making her his wife, he was to take her home to his house, where she was to remain, to see whether his passion of love would subside, or the woman become a proselyte, or however till certain rites were observed, and then he was permitted to marry her:

and she shall shave her head; either that she might be the less engaging, her flowing locks, or plaited hair, or modish headdress, being removed from her, which had served to excite a passion for her; or as a token of mourning for her present afflicted state and condition; and in afflicted circumstances it was usual to shave the head; see Job 1:20; and though it was forbidden the Israelites, yet not Gentiles; Deu 14:1.

and pare her nails; this and the former some think were ordered to make her fit to be his wife, and were a sort of purification of her, and an emblem of her having renounced Heathenism, and having departed from it, and laid aside all superfluity of former naughtiness; but this phrase is interpreted in the Targum of Onkelos, "let her nails grow"; and so the Arabic version: and this the Jewish writers say was ordered to be done, that she might appear ugly and disagreeable to him, and be abhorred by him; so Jarchi, Aben Ezra, and Ben Melech; the same is observed by Maimonides ^l, and is the sense of R. Akiba ^m. Another of their writers ⁿ think it refers to a custom in some nations to dye their nails."The daughters of the Heathens (he says) used to adorn the nails of their hands and feet, and dye them with various colours, according to the custom of the Ishmaelites (or Turks); that there might be a variety in their hands, and men might look at them, take them and handle them until the fire of hell, and an evil concupiscence, burned; wherefore this is ordered that they might let them grow, without any preparation or die.''But perhaps this neglect of their nails, and suffering them to grow, was in token of mourning as well as shaving the head, as also sometimes even paring the nails was done on the same account.

Gill: Deu 21:13

And she shall put the raiment of her captivity from off her,.... Her beautiful garments, and gay apparel, in which she was taken captive; and which tended to stir up the stronger affection for her, and greater desire after her; and therefore, as some think, were ordered to be removed, to abate the ardour of love to her. Jarchi observes, that the daughters of the Gentiles used to adorn themselves in war, that they might cause others to commit fornication with them; and another writer before referred to says ^o, the daughters of Heathens used to adorn themselves in raiment of silk, and purple, and fine linen, and needlework, to allure and entice men with them; and therefore the law obliges to put off her beautiful garments, and clothe her with old worn out ones, that she might be less agreeable to him; though the putting off her fine clothes, and being clad with sordid ones, might be only as a token of mourning; as it was customary at such times to lay aside richer clothing, and put on sackcloth, Jon 3:6.

and shall remain in thine house: shut up there, and never stir out, as the same writer interprets it. Maimonides ^p says, that she was to be with him in the house, that going in and out he might see her, and she become abominable to him; though perhaps it was only that he might have an opportunity of observing her manners, and of conversing with her, in order to make a proselyte of her; so the Targum of Jonathan interprets it of dipping herself, and becoming a proselytess in his house; or else, as the rest, her abiding in the house, and not going out, might be on account of mourning, as follows:

and bewail her father and her mother a full month; who were either dead in the battle, or however she had no hope of seeing them any more, being a captive, and likely to be settled in another man's house in a foreign country, and so take her farewell of her father's house in this mournful manner. The Jews are divided about the sense of these words; some take them simply to signify her parents, others her idols, according to Jer 2:17. The Targum of Jonathan is,"and weep for the idols of the house of her father and her mother;''meaning not for the loss of them, but for the idolatry of her father's house she was now convinced of, being become a proselytess, according to the paraphrast; but the last seems only to have respect to the loss of her father and mother, which she was to bewail a whole month, or "a moon of days" ^q; as many days as the moon is going its course, which it finishes in twenty seven days, seven hours, and forty three minutes, and this is called the periodical month; but is longer in passing from one conjunction of it with the sun to another, called the synodical month, and its quantity is twenty nine days, twelve hours, and forty four minutes. Maimonides ^r says, she was to stay in his house three months, one month of mourning, and two after that, and then he was to marry her. The reason of this the Targum of Jonathan explains, by paraphrasing the words thus,"and shall stay three months, that it may be known whether she is with child;''that is, by his lying with her before when taken with her beauty, that so he might distinguish this child begotten on her in Heathenism, from what he might have by her after marriage, which is supposed to be the case of Tamar and Absalom; but as there is no foundation in the text for a permission to lie with her before marriage, so neither for these additional months; only one month was required, which was the usual time for mourning for deceased relations; see Num 20:29.

and after that thou shalt go in unto her; and not before:

and be her husband, and she shall be thy wife he continuing to love her, and she having become a proselytess.

Gill: Deu 21:14

And it shall be, if thou have no delight in her;.... Either some time after marriage:

then thou shalt let her go whither she will; by a bill of divorce, as the Targum of Jonathan, who understands it in this sense, and as the connection of the words seems to require; or else before marriage, at the month's end, or any time before, that if his affections cooled towards her, and all the above methods tended to abate his love of her, then he was obliged to dismiss her, or to grant her her freedom, and let her go wherever she pleased; she was no longer his captive, nor his servant:

but thou shalt not sell her at all for money; as he might have done if he had not made such a proposal to her, and obliged her to the observance of such rites and ceremonies as he did, in order to make her his wife:

thou shalt not make merchandise of her; which seems to express the same thing, and therefore something else is rather intended; as that he should neither make any gain of her by selling her to another, nor retain her in his own service, nor make use of her as a slave; so Jarchi says, that in the Persian language they call service by this word, and which also he says he learnt from an eminent writer of theirs, R. Moses Hadarsan; with which Maimonides ^s agrees, who explains it, shall make no use of her service, or serve himself by her; he should have no profit by her, either by sale, or servitude:

because thou hast humbled her; which phrase it must be owned is often, used of unlawful commerce with a woman, of defiling her, or violating her chastity; and so may seem to confirm the notion of those who think that he lay with her before he took her to his house, and therefore, upon a refusal to marry her afterwards, was obliged to this loss; though the word signifies any kind of affliction, as this was a very great one, a great mortification to her, to be taken into his house, to have her head shaved, and her nails pared, or suffered to grow, and her fine clothes changed for sordid ones; and all this with a profession of a design to marry her, and yet after all is deceived and disappointed by him; wherefore for such a conduct toward her he was obliged to give her her freedom.

Commentary -- Verse Notes / Footnotes

NET Notes: Deu 21:1

¹ tn Heb “slain [one].” The term חָלָל (khalal) suggests something other than a natural death (cf. Num 19:16; 23:24; Jer 51:52; Ezek 26:15; 30:24; 31:17-18).

² tn The Hebrew text includes “to possess it,” but this has not been included in the translation for stylistic reasons.

³ tn Heb “struck,” but in context a fatal blow is meant; cf. NLT “who committed the murder.”

NET Notes: Deu 21:2

¹ tn Heb “surrounding the slain [one].”

NET Notes: Deu 21:3

¹ tn Heb “slain [one].”

NET Notes: Deu 21:4

¹ tn The combination “a wadi with flowing water” is necessary because a wadi (נַחַל, nakhal) was ordinarily a dry stream or riverbed. For this ritual, however, a perennial stream must be chosen so that there would be fresh, rushing water.

² sn The unworked heifer, fresh stream, and uncultivated valley speak of ritual purity – of freedom from human contamination.

NET Notes: Deu 21:5

¹ tn Heb “the priests, the sons of Levi.”

² tn Heb “in the name of the Lord.” See note on Deut 10:8. The pronoun has been used in the translation for stylistic reasons to avoid redundancy.

³ tn Heb “by their mouth.”

⁴ tn Heb “every controversy and every blow.”

NET Notes: Deu 21:6

¹ tn Heb “slain [one].”

² tn Heb “wadi,” a seasonal watercourse through a valley.

NET Notes: Deu 21:7

¹ tn Heb “our eyes.” This is a figure of speech known as synecdoche in which the part (the eyes) is put for the whole (the entire person).

² tn Heb “seen”; the implied object (the crime committed) has been specified in the translation for clarity.

NET Notes: Deu 21:8

¹ tn Heb “Atone for.”

² tn Heb “and do not place innocent blood in the midst of your people Israel.”

NET Notes: Deu 21:9

¹ tn Heb “in the eyes of” (so ASV, NASB, NIV).

NET Notes: Deu 21:10

¹ tn Heb “gives him into your hands.”

NET Notes: Deu 21:11

¹ tn Heb “the prisoners.” The pronoun has been used in the translation for stylistic reasons, to avoid redundancy.

NET Notes: Deu 21:12

¹ sn This requirement for the woman to shave her head may symbolize the putting away of the old life and customs in preparation for being numbered among the people of the Lord. The same is true for the two following requirements.

NET Notes: Deu 21:13

¹ tn Heb “she is to…remove the clothing of her captivity” (cf. NASB); NRSV “discard her captive’s garb.”

² tn Heb “sit”; KJV, NASB, NRSV “remain.”

³ tn Heb “go unto,” a common Hebrew euphemism for sexual relations.

NET Notes: Deu 21:14

¹ sn Heb “send her off.” The Hebrew term שִׁלַּחְתָּה (shillakhtah) is a somewhat euphemistic way of referring to divorce, the matter clearly in view here (cf. Deut 22:19, 29; 24:1, 3; Jer 3:1; Mal 2:16). This passage does not have the matter of divorce as its principal objective, so it should not be understood as endorsing divorce generally. It merely makes the point that if grounds for divorce exist (see Deut 24:1-4), and then divorce ensues, the husband could in no way gain profit from it.

² tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by the words “in any case.”

³ tn The Hebrew text includes “for money.” This phrase has not been included in the translation for stylistic reasons.

⁴ tn Or perhaps “must not enslave her” (cf. ASV, NAB, NIV, NRSV, NLT); Heb “[must not] be tyrannical over.”

⁵ sn You have humiliated her. Since divorce was considered rejection, the wife subjected to it would “lose face” in addition to the already humiliating event of having become a wife by force (21:11-13). Furthermore, the Hebrew verb translated “humiliated” here (עָנָה, ’anah), commonly used to speak of rape (cf. Gen 34:2; 2 Sam 13:12, 14, 22, 32; Judg 19:24), likely has sexual overtones as well. The woman may not be enslaved or abused after the divorce because it would be double humiliation (see also E. H. Merrill, Deuteronomy [NAC], 291).

Geneva Bible: Deu 21:1

If [one] be found ^{( a )} slain in the land which the LORD thy God giveth thee to possess it, lying in the field, [and] it be not known who hath slain him:

^{( a )} This law declares how horrible murder is, seeing that because of one man a whole country will be punished, unless remedy is found.

Geneva Bible: Deu 21:4

And the elders of that city shall bring down the heifer unto a rough ^{( b )} valley, which is neither eared nor sown, and shall strike off the heifer's neck there in the valley:

^{( b )} That the blood shed of the innocent beasts in a solitary place, might make them abhor the fact.

Geneva Bible: Deu 21:8

Be merciful, ^{( c )} O LORD, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them.

^{( c )} This was the prayer, which the priests made in the audience of the people.

Geneva Bible: Deu 21:12

Then thou shalt bring her home to thine house; ^{( d )} and she shall shave her head, and pare her nails;

^{( d )} Signifying that her former life must be changed before she could be joined to the people of God.

Geneva Bible: Deu 21:13

And she shall put the raiment of her captivity from off her, and shall remain in thine house, ^{( e )} 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 ^{( f )} wife.

^{( e )} As having renounced parents and country.

^{( f )} This was only allowed in the wars, otherwise the Israelites could not marry strangers.

Commentary -- Verse Range Notes

TSK Synopsis: Deu 21:1-23

1 The expiation of an uncertain murder.

10 The usage of a captive taken to wife.

15 The first-born is not to be disinherited upon private affection.

18 A rebellious son is to be stoned to death.

22 The malefactor must not hang all night on a tree.

MHCC: Deu 21:1-9

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.

MHCC: Deu 21:10-14

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.

Matthew Henry: Deu 21:1-9

Care had been taken by some preceding laws for the vigorous and effectual persecution of a wilful murderer (Deu 19:11 etc.), the putting of whom to death was the putting away of the guilt of blood from the land; but if this could not be done, the murderer not being discovered, they must not think that the land was in no danger of contracting any pollution because it was not through any neglect of theirs that the murderer was unpunished; no, a great solemnity is here provided for the putting away of the guilt, as an expression of their dread and detestation of that sin.

I. The case supposed is that one is found slain, and it is not known who slew him, Deu 21:1. The providence of God has sometimes wonderfully brought to light these hidden works of darkness, and by strange occurrences the sin of the guilty has found them out, insomuch that it has become a proverb, Murder will out. But it is not always so; now and then the devil's promises of secresy and impunity in this world are made good; yet it is but for a while: there is a time coming when secret murders will be discovered; the earth shall disclose her blood (Isa 26:21), upon the inquisition which justice makes for it; and there is an eternity coming when those that escaped punishment from men will lie under the righteous judgment of God. And the impunity with which so many murders and other wickednesses are committed in this world makes it necessary that there should be a day of judgment, to require that which is past, Ecc 3:15.

II. Directions are given concerning what is to be done in this case. Observe,

1. It is taken for granted that a diligent search had been made for the murderer, witnesses examined, and circumstances strictly enquired into, that if possible they might find out the guilty person; but if, after all, they could not trace it out, not fasten the charge upon any, then, (1.) The elders of the next city (that had a court of three and twenty in it) were to concern themselves about this matter. If it were doubtful which city was next, the great sanhedrim were to send commissioners to determine that matter by an exact measure, Deu 21:2, Deu 21:3. Note, Public persons must be solicitous about the public good; and those that are in power and reputation in cities must lay out themselves to redress grievances, and reform what is amiss in the country and neighbourhood that lie about them. Those that are next to them should have the largest share of their good influence, as ministers of God for good. (2.) The priests and Levites must assist and preside in this solemnity (Deu 21:5), that they might direct the management of it in all points according to the law, and particularly might be the people's mouth to God in the prayer that was to be put up on this sad occasion, Deu 21:8. God being Israel's King, his ministers must be their magistrates, and by their word, as the mouth of the court and learned in the laws, every controversy must be tried. It was Israel's privilege that they had such guides, overseers, and rulers, and their duty to make use of them upon all occasions, especially in sacred things, as this was. (3.) They were to bring a heifer down into a rough and unoccupied valley, and to kill it there, Deu 21:3, Deu 21:4. This was not a sacrifice (for it was not brought to the altar), but a solemn protestation that thus they would put the murderer to death if they had him in their hands. The heifer must be one that had not drawn in the yoke, to signify (say some) that the murderer was a son of Belial; it must be brought into a rough valley, to signify the horror of the fact, and that the defilement which blood brings upon a land turns it into barrenness. And the Jews say that unless, after this, the murderer was found out, this valley where the heifer was killed was never to be tilled nor sown. (4.) The elders were to wash their hands in water over the heifer that was killed, and to profess, not only that they had not shed this innocent blood themselves, but that they knew not who had (Deu 21:6, Deu 21:7), nor had knowingly concealed the murderer, helped him to make his escape, or been any way aiding or abetting. To this custom David alludes, Psa 26:6, I will wash my hands in innocency; but if Pilate had any eye to it (Mat 27:24) he wretchedly misapplied it when he condemned Christ, knowing him to be innocent, and yet acquitted himself from the guilt of innocent blood. Protestatio non valet contra factum - Protestations are of no avail when contradicted by fact. (5.) The priests were to pray to God for the country and nation, that God would be merciful to them, and not bring upon them the judgments which the connivance at the sin of murder would deserve. It might be presumed that the murderer was either one of their city or was now harboured in their city; and therefore they must pray that they might not fare the worse for his being among them, Num 16:22. Be merciful, O Lord, to thy people Israel, Deu 21:8. Note, When we hear of the wickedness of the wicked we have need to cry earnestly to God for mercy for our land, which groans and trembles under it. We must empty the measure by our prayers which others are filling by their sins. Now,

2. This solemnity was appointed, (1.) That it might give occasion to common and public discourse concerning the murder, which perhaps might some way or other occasion the discovery of it. (2.) That it might possess people with a dread of the guilt of blood, which defiles not only the conscience of him that sheds it (this should engage us all to pray with David, Deliver me from blood-guiltiness ), but the land in which it is shed; it cries to the magistrate for justice on the criminal, and, if that cry be not heard, it cries to heaven for judgment on the land. If there must be so much care employed to save the land from guilt when the murderer was not known, it was certainly impossible to secure it from guilt if the murderer was known and yet protected. All would be taught, by this solemnity, to use their utmost care and diligence to prevent, discover, and punish murder. Even the heathen mariners dreaded the guilt of blood, Jon 1:14. (3.) That we might all learn to take heed of partaking in other men's sins, and making ourselves accessory to them ex post facto - after the fact, by countenancing the sin or sinner, and not witnessing against it in our places. We have fellowship with the unfruitful works of darkness if we do not reprove them rather, and bear our testimony against them. The repentance of the church of Corinth for the sin of one of their members produced such a carefulness, such a clearing of themselves, such a holy indignation, fear, and revenge (2Co 7:11), as were signified by the solemnity here appointed.

Matthew Henry: Deu 21:10-14

By this law a soldier is allowed to marry his captive if he pleased. For the hardness of their hearts Moses gave them this permission, lest, if they had not had liberty given them to marry such, they should have taken liberty to defile themselves with them, and by such wickedness the camp would have been troubled. The man is supposed to have a wife already, and to take this wife for a secondary wife, as the Jews called them. This indulgence of men's inordinate desires, in which their hearts walked after their eyes, is by no means agreeable to the law of Christ, which therefore in this respect, among others, far exceeds in glory the law of Moses. The gospel permits not him that has one wife to take another, for from the beginning it was not so. The gospel forbids looking upon a woman, though a beautiful one, to lust after her, and commands the mortifying and denying of all irregular desires, though it be as uneasy as the cutting off of a right hand; so much does our holy religion, more than that of the Jews, advance the honour and support the dominion of the soul over the body, the spirit over the flesh, consonant to the glorious discovery it makes of life and immortality, and the better hope.

But, though military men were allowed this liberty, yet care is here taken that they should not abuse it, that is,

I. That they should not abuse themselves by doing it too hastily, though the captive was ever so desirable: " If thou wouldest have her to thy wife (Deu 21:10, Deu 21:11), it is true thou needest not ask her parents' consent, for she is thy captive, and is at thy disposal. But, 1. Thou shalt have no familiar intercourse till thou hast married her."This allowance was designed to gratify, not a filthy brutish lust, in the heat and fury of its rebellion against reason and virtue, but an honourable and generous affection to a comely and amiable person, though in distress; therefore he may make her his wife if he will, but he must not deal with her as with a harlot. 2. "Thou shalt not marry her of a sudden, but keep her a full month in thy house,"Deu 21:12, Deu 21:13. This he must do either, (1.) That he may try to take his affection off from her; for he must know that, though in marrying her he does not do ill (so the law then stood), yet in letting her alone he does much better. Let her therefore shave her head, that he might not be enamoured with her locks, and let her nails grow (so the margin reads it), to spoil the beauty of her hand. Quisquid amas cupias non placuisse nimis - We should moderate our affection for those things which we are tempted to love inordinately. Or rather, (2.) This was done in token of her renouncing idolatry, and becoming a proselyte to the Jewish religion. The shaving of her head, the paring of her nails, and the changing of her apparel, signified her putting off her former conversation, which was corrupt in her ignorance, that she might become a new creature. She must remain in his house to be taught the good knowledge of the Lord and the worship of him: and the Jews say that if she refused, and continued obstinate in idolatry, he must not marry her. Note, The professors of religion must not be unequally yoked with unbelievers, 2Co 6:14.

II. That they should not abuse the poor captive. 1. She must have time to bewail her father and mother, from whom she was separated, and without whose consent and blessing she is now likely to be married, and perhaps to a common soldier of Israel, though in her country ever so nobly born and bred. To force a marriage till these sorrows were digested, and in some measure got over, and she was better reconciled to the land of her captivity by being better acquainted with it, would be very unkind. She must not bewail her idols, but be glad to part with them; to her near and dear relations only her affection must be thus indulged. 2. If, upon second thoughts, he that had brought her to his house with a purpose to marry her changed his mind and would not marry her, he might not make merchandise of her, as of his other prisoners, but must give her liberty to return, if she pleased, to her own country, because he had humbled her and afflicted her, by raising expectations and then disappointing them (Deu 21:14); having made a fool of her, he might not make a prey of her. This intimates how binding the laws of justice and honour are, particularly in the pretensions of love, the courting of affections, and the promises of marriage, which are to be looked upon as solemn things, that have something sacred in them, and therefore are not to be jested with.

Keil-Delitzsch: Deu 21:1-9

The reason for grouping together these five laws, which are apparently so different from one another, as well as for attaching them to the previous regulations, is to be found in the desire to bring out distinctly the sacredness of life and of personal rights from every point of view, and impress it upon the covenant nation.

Deu 21:1-2

Expiation of a Murder Committed by an Unknown Hand. - Deu 21:1 and Deu 21:2. If any one was found lying in a field in the land of Israel ( נפל fallen, then lying, Jdg 3:25; Jdg 4:22), having been put to death without its being known who had killed him ( וגו נודע לא , a circumstantial clause, attached without a copula, see Ewald , §341, b . 3), the elders and judges, sc., of the neighbouring towns, - the former as representatives of the communities, the latter as administrators of right, - were to go out and measure to the towns which lay round about the slain man, i.e., measure the distance of the body from the towns that were lying round about, to ascertain first of all which was the nearest town.

Deu 21:3-4

This nearest town was then required to expiate the blood-guiltiness, not only because the suspicion of the crime or of participation in the crime fell soonest upon it, but because the guilt connected with the shedding of innocent blood rested as a burden upon it before all others. To this end the elders were to take a heifer (young cow), with which no work had ever been done, and which had not yet drawn in the yoke, i.e., whose vital force had not been diminished by labour (see at Num 19:2), and bring it down into a brook-valley with water constantly flowing, and there break its neck. The expression, "it shall be that the city," is more fully defined by "the elders of the city shall take." The elders were to perform the act of expiation in the name of the city. As the murderer was not to be found, an animal was to be put to death in his stead, and suffer the punishment of the murderer. The slaying of the animal was not an expiatory sacrifice, and consequently there was no slaughtering and sprinkling of the blood; but, as the mode of death, viz., breaking the neck (vid., Exo 13:13), clearly shows, it was a symbolical infliction of the punishment that should have been borne by the murderer, upon the animal which was substituted for him. To be able to take the guilt upon itself and bear it, the animal was to be in the full and undiminished possession of its vital powers. The slaying was to take place in a איתן נחל , a valley with water constantly flowing through it, which was not worked (cultivated) and sown. This regulation as to the locality in which the act of expiation was to be performed was probably founded upon the idea, that the water of the brook-valley would suck in the blood and clean it away, and that the blood sucked in by the earth would not be brought to light again by the ploughing and working of the soil.

Deu 21:5

The priests were to come near during this transaction; i.e., some priests from the nearest Levitical town were to be present at it, not to conduct the affair, but as those whom Jehovah had chosen to serve Him and to bless in His name (cf. Deu 13:5), and according to whose mouth (words) every dispute and every stroke happened (cf. Deu 17:8), i.e., simply as those who were authorized by the Lord, and as the representatives of the divine right, to receive the explanation and petition of the elders, and acknowledge the legal validity of the act.

Deu 21:6-8

The elders of the town were to wash their hands over the slain heifer, i.e., to cleanse themselves by this symbolical act from the suspicion of any guilt on the part of the inhabitants of the town in the murder that had been committed (cf. Psa 26:6; Psa 73:13; Mat 27:24), and then answer (to the charge involved in what had taken place), and say, " Our hands have not shed this blood (on the singular שׁפכה , see Ewald , §317, a .), and our eyes have not seen "(sc., the shedding of blood), i.e., we have neither any part in the crime nor any knowledge of it: " grant forgiveness (lit., 'cover up,' viz., the blood-guiltiness) to Thy people...and give not innocent blood in the midst of Thy people Israel ,"i.e., lay not upon us the innocent blood that has been shed by imputation and punishment. "And the blood shall be forgiven them," i.e., the bloodshed or murder shall not be imputed to them. On נכּפּר , a mixed form from the Niphal and Hithpael, see Ges. §55, and Ewald , §132, c .

Deu 21:9

In this way Israel was to wipe away the innocent blood (the bloodshed) from its midst (cf. Num 35:33). If the murderer were discovered afterwards, of course the punishment of death which had been inflicted vicariously upon the animal, simply because the criminal himself could not be found, would still fall upon him.

Keil-Delitzsch: Deu 21:10-11

Treatment of a Wife who had been a Prisoner of War. - If an Israelite saw among the captives, who had been brought away in a war against foreign nations, a woman of beautiful figure, and loved her, and took her as his wife, he was to allow her a month's time in his house, to bewail her separation from her home and kindred, and accustom herself to her new condition of life, before he married her. What is said here does not apply to the wars with the Canaanites, who were to be cut off (vid., Deu 7:3), but, as a comparison of the introductory words in Deu 21:1 with Deu 20:1 clearly shows, to the wars which Israel would carry on with surrounding nations after the conquest of Canaan. שׁבי and שׁביה , the captivity, for the captives.

Keil-Delitzsch: Deu 21:12-14

When the woman was taken home to the house of the man who had loved her, she was to shave her head, and make, i.e., cut, her nails (cf. 2Sa 19:25), - both customary signs of purification (on this signification of the cutting of the hair, see Lev 14:8 and Num 8:7), - as symbols of her passing out of the state of a slave, and of her reception into the fellowship of the covenant nation. This is perfectly obvious in her laying aside her prisoner's clothes. After putting off the signs of captivity, she was to sit (dwell) in the house, and bewail her father and mother for a month, i.e., console herself for her separation from her parents, whom she had lost, that she might be able to forget her people and her father's house (Psa 45:11), and give herself up henceforth in love to her husband with an undivided heart. The intention of these laws was not to protect the woman against any outbreak of rude passion on the part of the man, but rather to give her time and leisure to loosen herself inwardly from the natural fellowship of her nation and kindred, and to acquire affection towards the fellowship of the people of God, into which she had entered against her will, that her heart might cherish love to the God of Israel, who had given her favour in the eyes of her master, and had taken from her the misery and reproach of slavery. But her master becoming her husband, she entered into the rights of a daughter of Israel, who had been sold by her father to a man to be his wife (Exo 21:7.). If after this her husband should find no pleasure in her, he was to let her go לנפשׁהּ , i.e., at her free will, and not sell her for money (cf. Exo 21:8). "Thou shalt not put constraint upon her, because thou hast humbled her." התעמּר , which only occurs again in Deu 24:7, probably signifies to throw oneself upon a person, to practise violence towards him (cf. Ges. thes. p. 1046).

Constable: Deu 5:1--26:19

IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26

". . . Deuteronomy contains the most comprehensive body of laws in the Pentateuch. It is clearly intended to be consulted for guidance on many aspects of daily life, in sharp contrast with the laws of Leviticus, which are very restricted in scope and mainly concern the functions of the priesthood."⁶⁸

"Two of the major elements [in ancient Near Eastern covenant texts] . . . are lists of stipulations, the first of a general, principal nature and the second of a more specific and applicational kind. That is, the first spelled out in broad strokes the kinds of actions and reactions the Great King expected of his vassal, and the other offered examples of how these general expectations could and should be worked out in everyday life within the relationship.

"While a general correspondence exists between Deuteronomy and the secular treaty texts, especially in form, there are significant differences as well. Among these are the narrative sections and the extensive parenesis [exhortation], both of which are lacking in the extrabiblical models. It is important to note here, moreover, that Deuteronomy, in addition to being a covenant text, is also a law code, or, more precisely, contains a law code. The general stipulation section (5:1-11:32) and the specific stipulation section (12:1-26:15) function as such a law code and thus serve both in this capacity and in that of covenant stipulation. To put it more succinctly, the stipulations of the Deuteronomic covenant constitute the law code for the nation Israel that was about to enter the new conditions and expectations of life in the land of promise. This is why the following principles resemble both legal statutes and covenant stipulations at one and the same time."⁶⁹

Constable: Deu 12:1--25:19

B. An exposition of selected covenant laws 12-25

Moses' homiletical exposition of the law of Israel that follows explains reasons for the covenant laws that arose from the Ten Commandments. This address concludes with directions for celebrating and confirming the covenant (26:1-15). The section contains a mixture of laws previously revealed to the Israelites and other laws not previously revealed in the code given at Sinai (Exod. 20:1-23:19). This is instruction preached rather than codified as comprehensive legislation.

"The specific laws in this section were given to help the people subordinate every area of their lives to the LORD, and to help them eradicate whatever might threaten that pure devotion."¹⁴³

"Placement of the instruction about worship at the sanctuary in first position indicates clearly its priority for Deuteronomy, which assumes that the starting point for the proper, full, and exclusive love of the Lord (the primary demand of the first and second commandments and the Shema) is found in the way Israel carries out the activities of worship."¹⁴⁴

There is an obvious general movement from laws dealing with Israel's religious life (12:1-16:17) to those affecting her civil life (16:18-22:8) and finally to those touching personal life (22:9-26:15).

Two writers suggested the following outlines for these chapters.¹⁴⁵

Commandment	Merrill	Kaufman	Description
1	12:1-31	ch. 12	Fidelity
2	12:32-13:18	ch. 12	Worship
3	14:1-21	13:1-14:27	Name of God
4	14:22-16:17	14:28-16:17	Sabbath
5	16:18-18:22	16:18-18:22	Authority
6	19:1-22:8	19:1-22:8	Murder
7	22:9-23:18	22:9-23:19	Adultery
8	23:19-24:7	23:20-24:7	Theft
9	24:8-25:4	24:8-25:4	False witness
10	25:5-19	25:5-16	Coveting

". . . the entire second discourse of Moses (Deut. 5-26) is a single literary unit that convincingly demonstrates that the moral law informs the statutes, judgments . . . and commands of God."¹⁴⁶

In contrast with the Book of the Covenant (Exod. 20-23), the Deuteronomic Code, as some scholars prefer to call this section (chs. 12-26), is a popular exposition rather than a formal legal code. Its purpose was to explain to the generation entering the land all the laws that needed clarification, emphasis, and application, in view of Israel's imminent entrance into Canaan. These laws reflect a centralized, monarchical society.

The value of this section of Scripture to the Christian today lies primarily in its revelation of the heart, mind, and will of God. The modern student of these chapters should look for this kind of insight here.

Constable: Deu 19:1--22:9

6. Laws arising from the sixth commandment 19:1-22:8

The sixth commandment is, "You shall not murder" (5:17). The representative laws in this chapter all protected people who were vulnerable for one reason or another. Civil law is in view.

Constable: Deu 21:1-9

Unsolved murders 21:1-9

"The reason for grouping these five laws [in ch. 21], which are apparently so different from one another, as well as for attaching them to the previous regulations, is to be found in the desire to bring out distinctly the sacredness of life and of personal rights from every point of view, and impress it upon the covenant nation."²²⁶

Cities were responsible for murders committed within their jurisdictions. This indicates that there is corporate guilt in God's government. The ritual prescribed removed the pollution caused by bloodshed.

The heifer (young cow) represented the unknown murderer. It was his substitute. It was to be an animal that had not done hard labor; its vital force was undiminished (v. 3). The leaders were to take this heifer into an unplowed field in a valley where there was running water and break its neck. The breaking of the neck symbolized the punishment due the murderer but executed on his substitute. The blood of the heifer would fall on unplowed ground that would absorb it. It would disappear rather than turning up at some future date because of plowing. The water cleansed the hands of the elders who had become ritually defiled by the shedding of the sacrifice's blood. This ritual removed the impurity that would rest on the people of the city because someone they could not find had shed human blood near it. It atoned for this guilt in such a case.²²⁷

Constable: Deu 21:10-21

Wives and children 21:10-21

Everything in this section has some connection with the sixth commandment remote though it may be in some cases.

Constable: Deu 21:10-14

Limits on a husband's authority 21:10-14

Israelite men could marry women from distant conquered cities taken as prisoners of war provided they did not already have a wife. Such a woman had to shave her head and cut her nails. These were rituals of purification customary in the ancient Near East.²²⁸ She received one month to mourn her parents (v. 13). This may presuppose that they had died in the battle or, more likely, that she was to cut off all ties to her former life.²²⁹

"Such kindly consideration is in marked contrast with the cruel treatment meted out to women captured in war among the neighboring nations . . ."²³⁰

"This legislation could have two basic results: the men would be restrained from rape, and the women would have time to become adjusted to their new condition."²³¹

The provision for divorce (v. 14) receives further clarification later (24:1-4). We should not interpret the fact that God legislated the rights of sons born into polygamous families as tacit approval of that form of marriage. Monogamy was God's will (Gen. 2:24; cf. Matt. 19:4-6).²³² However, God also gave laws that regulated life when His people lived it in disobedience to His will. In other words, God did not approve of polygamy, but He tolerated it in Israel in the sense that He did not execute or punish polygamists through civil procedures. Similarly He did not approve of divorce, but He allowed it in this case (cf. Gen. 21:8-14; Ezra 9-10).²³³

God did not feel compelled to comment in Scripture whenever people disobeyed him. That is, He did not always lead the writers of Scripture to identify every sinful practice as such whenever it occurs in the text. This was especially true when the people's sins produced relatively limited consequences. He did comment more on the Israelites' sins that directly involved their relationship to Himself and their sins that affected many other people. This fact reflects God's gracious character (cf. Luke 15:12).

Guzik: Deu 21:1-23

Deuteronomy 21 - Various Laws

A. The law of an unsolved murders.

1. (1) The presence of an unsolved murder.

If anyone is found slain, lying in the field in the land which the LORD your God is giving you to possess, and it is not known who killed him,

a. If anyone is found slain: Presumably, death from natural causes had been ruled out and it was evident that the deceased had been murdered; yet, it was not known who killed him.

b. It is not know who killed him: This was important based on a principle stated in Numbers 35:33-34. This passage shows that the blood of unsolved, unavenged murder defiles and pollutes the land. Therefore, if there is a murder unavenged, some kind of cleansing is necessary, so the land will not be defiled.

2. (2-6) The procedure for atoning for murder-polluted land.

Then your elders and your judges shall go out and measure the distance from the slain man to the surrounding cities. And it shall be that the elders of the city nearest to the slain man will take a heifer which has not been worked and which has not pulled with a yoke. The elders of that city shall bring the heifer down to a valley with flowing water, which is neither plowed nor sown, and they shall break the heifer's neck there in the valley. Then 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 of the LORD; by their word every controversy and every assault shall be settled. 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.

a. The elders of the city nearest to the slain man: First, the matter of jurisdiction had to be settled. These elders were responsible to make the sacrifice to atone for and cleanse the murder-polluted land.

b. A heifer which has not been worked: Then, appropriate sacrifice had to be made. This heifer was sacrificed by the sons of Levi in the presence of the city elders, who washed their hands over the sacrificed animal.

i. This washing of the hands, done in the presence of the sons of Levi, who by their word every controversy and every assault shall be settled, was a powerful proclamation by the elders: "We have done all we could to settle this case, but cannot. We are clean from all guilt in the matter of this slain man."

ii. Of course, this ceremony of washing the hands over the sacrificed animal meant nothing if the elders had in fact not done what they could to avenge the murder; apart from that, this washing of the hands was just as much an empty gesture as Pilate's washing of his hands at the trial of Jesus (Matthew 27:24).

3. (7-9) The prayer said by the elders as they washed their hands.

Then they shall answer and say, "Our hands have not shed this blood, nor have our eyes seen it. Provide atonement, O LORD, for Your people Israel, whom You have redeemed, and do not lay innocent blood to the charge of Your people Israel." And atonement shall be provided on their behalf for the blood. So you shall put away the guilt of innocent blood from among you when you do what is right in the sight of the LORD.

a. Provide atonement, O LORD: Again, Numbers 35:33-34 makes the principle clear, that unavenged murders defile and pollute the land and atonement must be made for the land itself.

b. So you shall put away the guilt of innocent blood: When Israel followed God's instructions for atonement, He honored His word by taking away their guilt. But the removal of guilt was always based on blood sacrifice, on a substitutionary atonement - looking forward to the work of Jesus on the cross for the entire world.

B. Laws relevant to family and home situations.

1. (10-14) Laws regarding the taking of a wife from conquered peoples.

When you go out to war against your enemies, and the LORD your God delivers them into your hand, and you take them captive, and you see among the captives a beautiful woman, and desire her and would take her for your wife, then you shall bring her home to your house, and she shall shave her head and trim her nails. She shall put off the clothes of her captivity, remain in your house, and mourn her father and her mother a full month; after that you may go in to her and be her husband, and she shall be your wife. And it shall be, if you have no delight in her, then you shall set her free, but you certainly shall not sell her for money; you shall not treat her brutally, because you have humbled her.

a. And you see among the captives a beautiful woman, and desire her: In the ancient world, it was not uncommon for a man to take a wife from among the captives, especially if she was a beautiful woman. Yet obviously, this was open to great abuse, so God give specific guidelines to govern this practice in Israel.

b. Shave her head and trim her nails: First, the captive woman had to be purified and humbled. This denoted a complete break with her past, and the willingness to start anew, humbly as a child.

c. Put off the clothes of her captivity, remain in your house: Second, the captive woman had to show a change of allegiance. This showed that the captive woman no longer regarded her former nation and her former family; now she was a citizen of Israel.

d. Mourn her father and mother a full month: Third, the captive woman had to mourn her past associations. This would be time when she could resolve issues in her heart regarding her family, and when her husband-to-be could live with her a month without intimate relations - so he could see if he really wanted to take this woman as a wife, and to make sure he was not making a decision based only of physical appearance or attractiveness.

e. You certainly shall not sell her for money; you shall not treat her brutally: After the month of mourning, the potential husband was free to marry the captive woman - yet, he did not have to. But if he decided not to, he had to set her free with dignity. This was a remarkable protection of the rights of a captive woman.

2. (15-17) The protection of inheritance rights.

If a man has two wives, one loved and the other unloved, and they have borne him children, both the loved and the unloved, and if the firstborn son is of her who is unloved, then it shall be, on the day he bequeaths his possessions to his sons, that he must not bestow firstborn status on the son of the loved wife in preference to the son of the unloved, the true firstborn. But he shall acknowledge the son of the unloved wife as the firstborn by giving him a double portion of all that he has, for he is the beginning of his strength; the right of the firstborn is his.

a. If a man has two wives: Obviously, there are going to be problems in a home like this, especially if there is one loved and the other unloved. Yet, God commanded that the inheritance rights of the firstborn son be respected, even if he were the son of the unloved wife.

b. A double portion of all that he has: This was the right of the firstborn in ancient Israel; the firstborn son was to receive twice as much inheritance as any other son. For example, if there were three sons, the inheritance would be divided into four parts, with the firstborn receiving two parts, and the other three sons each receiving one part.

3. (18-21) The penalty for a rebellious son.

If a man has a stubborn and rebellious son who will not obey the voice of his father or the voice of his mother, and who, when they have chastened him, will not heed them, then his father and his mother shall take hold of him and bring him out to the elders of his city, to the gate of his city. And they shall say to the elders of his city, "This son of ours is stubborn and rebellious; he will not obey our voice; he is a glutton and a drunkard." Then all the men of his city shall stone him to death with stones; so you shall put away the evil from among you, and all Israel shall hear and fear.

a. A stubborn and rebellious son: This does not mean a small child, or even a young teen - but a son past the age of accountability, who sets himself in determined rebellion against his father and mother.

b. Who, when they have chastened him, will not heed them: The parents must have done a good job raising the son, calling him to obedience, and chastening him as appropriate before the LORD.

c. Bring him out to the elders of his city: Such a stubborn and rebellious son was to be put on trial before the elders of the city. If they determine him to be chronically rebellious, then the son was to be stoned to death.

i. It is important to note that the parents could not, by themselves, execute this penalty. They had to bring the son on trial before impartial judges. This is in contrast to ancient Greek and Roman law, which gave fathers the absolute right of life or death over their children. This was a control of parental authority more than it was an exercise of it.

ii. The parents had to take the boy to the elders of the community; not only because the decision of life or death should be taken out of their direct hands, but because the guilt of the stubborn and rebellious son was not only against his parents, but against the whole community. He sowed the seeds for cultural suicide in Israel.

d. And all Israel shall hear and fear: This law was clearly intended to protect the social order of ancient Israel. No society can endure when the young are allowed to make war against the old.

i. Perhaps just the presence of this law was deterrent enough; we never have a Scriptural example of a son being stoned to death because he was a stubborn and rebellious son.

ii. "Yet the Jews say this law was never put into practice, and therefore it might be made for terror and prevention, and to render the authority of parents more sacred and powerful." (Poole)

iii. "Stoning was the punishment appointed for blasphemers and idolaters; which if it seem severe, it is to be considered that parents are in God's stead, and intrusted in good measure with his authority over their children; and that families are the matter and foundation of the church and commonwealth, and they who are naughty members and rebellious children in them, do commonly prove the bane and plague of these, and therefore no wonder if they are nipped in the bud." (Poole)

iv. "If such a law were in force now, and duly executed, how many deaths of disobedient and prolifigate children would there be in all corners of the land!" (Clarke)

4. (22-23) The curse upon one who hangs on a tree.

If a man has committed a sin deserving of death, and he is put to death, and you hang him on a tree, his body shall not remain overnight on the tree, but you shall surely bury him that day, so that you do not defile the land which the LORD your God is giving you as an inheritance; for he who is hanged is accursed of God.

a. And you hang him on a tree: In the thinking of ancient Israel there was something worse than being put to death. Worse than that was to be put to death and to have your corpse left exposed to shame, humiliation, and scavenging animals and birds.

i. Hang him on a tree does not have the idea of being executed by strangulation; but of having the corpse mounted on a tree or other prominent place, to expose the executed one to disgrace and the elements.

b. His body shall not remain overnight on the tree, but you shall surely bury him that day: Therefore, if anyone was executed and deemed worthy of such disgrace (and you hang him on a tree), the humiliation to his memory and his family must not be excessive. This was a way of tempering even the most severe judgment with mercy.

i. "It is worthy of remark that in the infliction of punishment prescribed by the Mosaic law, we ever find that Mercy walks hand in hand with Judgment." (Clarke)

c. For he who is hanged is accursed of God: The punishment of being hanged on a tree, and left to open exposure, was thought to be so severe, that it was reserved only for those for which is was to be declared: "this one is accursed of God."

i. Paul expounds on Deuteronomy 21:23 in Galatians 3:13-14: Christ has redeemed us from the curse of the law, having become a curse for us (for it is written, "Cursed is everyone who hangs on a tree"), that the blessing of Abraham might come upon the Gentiles in Christ Jesus, that we might receive the promise of the Spirit through faith. Jesus not only died in our place; but He also took the place as the accursed of God, being hung on a "tree" in open shame and degradation. He received this curse, which we deserved and He did not, so that we could receive the blessing of Abraham, which He deserved and we did not.

ii. We are redeemed from the curse of the law by the work of Jesus on the cross for us. We no longer have to fear that God wants to curse us; He wants to bless us, not because of who we are, or what we have done, but because of what Jesus Christ has done on our behalf.

© 2006 David Guzik - No distribution beyond personal use without permission

Introduction / Outline

JFB: Deuteronomy (Book Introduction)

DEUTERONOMY, the second law, a title which plainly shows what is the object of this book, namely, a recapitulation of the law. It was given in the form of public addresses to the people; and as Moses spoke in the prospect of his speedy removal, he enforced obedience to it by many forcible appeals to the Israelites, concerning their long and varied experience both of the mercies and the judgments of God. The minute notices of the heathen people with whom they had come in contact, but who afterward disappeared from the pages of history, as well as the accounts of the fertility and products of Canaan, and the counsels respecting the conquest of that country, fix the date of this book and the time of its composition by the hand of Moses. The close, however, must have been added by another; and, indeed, it is supposed by some to have formed the original preface to the Book of Joshua.

JFB: Deuteronomy (Outline)

• MOSES' SPEECH AT THE END OF THE FORTIETH YEAR. (Deu. 1:1-46)
• THE STORY IS CONTINUED. (Deu. 2:1-37)
• CONQUEST OF OG, KING OF BASHAN. (Deu. 3:1-20)
• AN EXHORTATION TO OBEDIENCE. (Deu 4:1-13)
• A PARTICULAR DISSUASIVE AGAINST IDOLATRY. (Deu. 4:14-40)
• A COMMEMORATION OF THE COVENANT IN HOREB. (Deu. 5:1-29)
• MOSES EXHORTS ISRAEL TO HEAR GOD AND TO KEEP HIS COMMANDMENTS. (Deu. 6:1-25)
• ALL COMMUNION WITH THE NATIONS FORBIDDEN. (Deu. 7:1-26)
• AN EXHORTATION TO OBEDIENCE. (Deu. 8:1-20)
• MOSES DISSUADES THEM FROM THE OPINION OF THEIR OWN RIGHTEOUSNESS. (Deu. 9:1-25)
• GOD'S MERCY IN RESTORING THE TWO TABLES. (Deu. 10:1-22)
• AN EXHORTATION TO OBEDIENCE. (Deu. 11:1-32)
• MONUMENTS OF IDOLATRY TO BE DESTROYED. (Deu 12:1-15)
• BLOOD PROHIBITED. (Deu 12:16-25)
• HOLY THINGS TO BE EATEN IN THE HOLY PLACE. (Deu 12:26-32)
• ENTICERS TO IDOLATRY TO BE PUT TO DEATH. (Deu 13:1-5)
• WITHOUT REGARD TO NEARNESS OF RELATION. (Deu 13:6-18)
• GOD'S PEOPLE MUST NOT DISFIGURE THEMSELVES IN MOURNING. (Deu 14:1-2)
• WHAT MAY BE EATEN, AND WHAT NOT. (Deu. 14:3-21)
• OF BEASTS. (Deu 14:4-8)
• THE SEVENTH YEAR, A YEAR OF RELEASE FOR THE POOR. (Deu 15:1-11)
• HEBREW SERVANTS' FREEDOM. (Deu 15:12-19)
• THE FEAST OF THE PASSOVER. (Deu. 16:1-22)
• THINGS SACRIFICED MUST BE SOUND. (Deu 17:1)
• IDOLATERS MUST BE SLAIN. (Deu 17:2-7)
• THE PRIESTS AND JUDGES TO DETERMINE CONTROVERSIES. (Deu 17:8-13)
• THE ELECTION AND DUTY OF A KING. (Deu 17:14-20)
• THE LORD IS THE PRIESTS' AND THE LEVITES' INHERITANCE. (Deu 18:1-8)
• THE ABOMINATIONS OF THE NATIONS ARE TO BE AVOIDED. (Deu 18:9-14)
• CHRIST THE PROPHET IS TO BE HEARD. (Deu 18:15-19)
• OF THE CITIES OF REFUGE. (Deu 19:1-13)
• THE LANDMARK IS NOT TO BE REMOVED. (Deu 19:14)
• TWO WITNESSES REQUIRED. (Deu 19:15)
• PUNISHMENT OF A FALSE WITNESS. (Deu 19:16-21) But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Exo 21:23; see also Lev 24:20).
• THE PRIESTS' EXHORTATION TO ENCOURAGE THE PEOPLE TO BATTLE. (Deu. 20:1-20)
• EXPIATION OF UNCERTAIN MURDER. (Deu 21:1-9)
• THE TREATMENT OF A CAPTIVE TAKEN TO WIFE. (Deu 21:10-23)
• OF HUMANITY TOWARD BRETHREN. (Deu 22:1-4)
• THE SEX TO BE DISTINGUISHED BY APPAREL. (Deu 22:5-12)
• WHO MAY AND WHO MAY NOT ENTER INTO THE CONGREGATION. (Deu. 23:1-25)
• OF DIVORCES. (Deu. 24:1-22)
• STRIPES MUST NOT EXCEED FORTY. (Deu. 25:1-19)
• THE CONFESSION OF HIM THAT OFFERS THE BASKET OF FIRST FRUITS. (Deu 26:1-15)
• THE PEOPLE ARE TO WRITE THE LAW UPON STONES. (Deu 27:1-10)
• THE TRIBES DIVIDED ON GERIZIM AND EBAL. (Deu 27:11-13)
• THE BLESSINGS FOR OBEDIENCE. (Deu. 28:1-68)
• AN EXHORTATION TO OBEDIENCE. (Deu. 29:1-29)
• THE COMMANDMENT IS MANIFEST. (Deu 30:11-14)
• DEATH AND LIFE ARE SET BEFORE THE ISRAELITES. (Deu 30:15-20)
• MOSES ENCOURAGES THE PEOPLE AND JOSHUA. (Deu 31:1-8)
• HE DELIVERS THE LAW TO THE PRIESTS, TO READ IT EVERY SEVENTH YEAR TO THE PEOPLE. (Deu 31:9-13)
• MOSES' SONG, WHICH SETS FORTH THE PERFECTIONS OF GOD. (Deu. 32:1-43)
• THE MAJESTY OF GOD. (Deu. 33:1-28)
• MOSES FROM MOUNT NEBO VIEWS THE LAND. (Deu 34:1-12)

TSK: Deuteronomy (Book Introduction)

The book of Deuteronomy marks the end of the Pentateuch, commonly called the Law of Moses; a work every way worthy of God its author, and only less than the New Testament, the Law and Gospel of our Lord and Saviour Jesus Christ. Its antiquity places it at the head of all the writings in the world; and the various subjects it embraces render it of the utmost importance to every part of the civilized world. Its philosophy, history, geography, and chronology entitle it to the respect of the whole human race; while its system of theology and religion demonstrably proves it to be a revelation from God. The Law of Moses is more properly the Law of Jehovah, יהוה [Strong’s 03068] תורה [Strong’s 08451], torah yehowah , the grand title of the Pentateuch. Could we conceive Moses to have been the author of this system, we must consider him more than mortal - no wisdom of man has ever yet invented such a Code of Laws. His merit, however, has been disputed, and his laws severely criticised, by persons whose interest it was to prove religion a cheat, because they had none themselves. To some, whose mental taste and feeling are strangely perverted, everything in heathenism wears not only the most fascinating aspect, but appears to lay claim to and possess every excellence; and hence they have called up Confucius, Menu, Zoraster, and Mohammed himself, to dispute the palm with Moses! On this subject in general, it may be just necessary to add, that the utmost that can be said of all laws, merely human, is, that they restrain vices, through the terror of punishment. God’s law not only restrains vice, but it infuses virtue. It alone brings man to the footstool of his Maker; and keeps him dependent on the strong for strength, on the wise for wisdom, and on the merciful for grace. It abounds with promises of support, and salvation for the present life, which no false system dared ever to propose. every where, Moses, in the most confident manner, pledges his God for the fulfilment of all the exceeding great and precious promises, with which his laws are so plentifully interspersed; and while they were obedient they could say, " Not one word hath failed us, of all the good things which the Lord our God spake concerning us." Who that dispassionately reads the Pentateuch, that considers it in itself and in its reference to that glorious Gospel which it was intended to introduce, can for a moment deny it the palm of infinite superiority over all the systems ever framed or imagined by man? Well might the Israelitish people triumphantly exclaim, " There is none like the God of Jeshurun!" and with what striking propriety does the glorious legislator add, " Happy art thou, O Israel! who is like unto thee? O people, saved of the Lord!" Finally, the treasures of wisdom and knowledge, which are amassed in these five books, have enriched the whole civilized earth, and, indeed, greatly promoted that very civilization. They have been a kind of text-book to almost every writer on geology, geography, chronology, astronomy, natural history, ethics, jurisprudence, political economy, theology, poetry, and criticism, from the time of Moses to the present day - books to which the choicest writers and philosophers in Pagan antiquity, have been deeply indebted; and which were the text-books to all the prophets - books from which the flimsy writers against Divine Revelation have derived their natural religion, and all their moral excellence - books written in all the energy, and purity, of the incomparable language in which they are composed; and lastly, books, which for importance of matter, variety of information, dignity of sentiment, accuracy of facts, impartiality, simplicity, and sublimity of narration, tending to improve and ennoble the intellect and ameliorate the physical and moral condition of man, have never been equalled, and can only be paralleled by the Gospel of the Son of God! Fountain of endless mercy, justice, truth, and beneficence! How much are thy gifts and bounties neglected by those who do not read this law; and by those who having read it, are not morally improved by it, and made wise unto salvation!

TSK: Deuteronomy 21 (Chapter Introduction)

Overview

Deu 21:1, The expiation of an uncertain murder; Deu 21:10, The usage of a captive taken to wife; Deu 21:15, The first-born is not to be disinherited upon private affection; Deu 21:18, A rebellious son is to be stoned to death; Deu 21:22, The malefactor must not hang all night on a tree.

Poole: Deuteronomy (Book Introduction)

FIFTH BOOK of MOSES, CALLED DEUTERONOMY

THE ARGUMENT

Moses, in the two last months of his life, rehearseth what God had done for them, and their frequent murmurings, rebellions, and constant ingratitude. He begs to enter into the land, but is permitted only to see it. He forbiddeth any communion with the nations for several reasons, De 8 . He gives a short repetition of those sundry laws, moral, ceremonial, judicial, and military, which he had given them, from whence this book is called DEUTERONOMY. Then, after many exhortations, he prophesieth of Christ; afterwards he shows how matters of war are to be managed, and, giving many other particular directions with reference to duties, conditions, and persons of both sexes, he pronounceth blessings on the obedient, and curses on the disobedient: he then gives a charge for laying up and reading of the law at certain times, and every seven years to be solemnly read before all the people; he composeth a song for common use, comprising the wonderful things here mentioned: he prophesieth of Christ’ s coming, and the calling of the Gentiles, seeth the land, and dieth, leaving Joshua, after he had consecrated him, to succeed.

Poole: Deuteronomy 21 (Chapter Introduction)

CHAPTER 21

How to expiate an uncertain murder, Deu 21:1-19 . The usage of a captive taken to wife, Deu 21:10-14 . The first born, though the son of the hated, is not to be disinherited, Deu 21:15-17 . The punishment of a stubborn son, viz. death, Deu 21:18-21 . The cursed death of them that are hanged, Deu 21:22,23 .

MHCC: Deuteronomy (Book Introduction)

This book repeats much of the history and of the laws contained in the three foregoing books: Moses delivered it to Israel a little before his death, both by word of mouth, that it might affect, and by writing, that it might abide. The men of that generation to which the law was first given were all dead, and a new generation was sprung up, to whom God would have it repeated by Moses himself, now they were going to possess the land of Canaan. The wonderful love of God to his church is set forth in this book; how he ever preserved his church for his own mercies sake, and would still have his name called upon among them. Such are the general outlines of this book, the whole of which shows Moses' love for Israel, and marks him an eminent type of the Lord Jesus Christ. Let us apply the exhortations and persuasions to our own consciences, to excite our minds to a believing, grateful obedience to the commands of God.

MHCC: Deuteronomy 21 (Chapter Introduction)

(Deu 21:1-9) The expiation of uncertain murder.

(Deu 21:10-14) Respecting a captive taken to wife.

(Deu 21:15-17) The first-born not to be disinherited for private affection.

(Deu 21:18-21) A stubborn son to be stoned.

(Deu 21:22, Deu 21:23) Malefactors not to be left hanging all night.

Matthew Henry: Deuteronomy (Book Introduction)

An Exposition, with Practical Observations, of The Fifth Book of Moses, Called Deuteronomy

This book is a repetition of very much both of the history and of the laws contained in the three foregoing books, which repetition Moses delivered to Israel (both by word of mouth, that it might affect, and by writing, that it might abide) a little before his death. There is no new history in it but that of the death of Moses in the last chapter, nor any new revelation to Moses, for aught that appears, and therefore the style here is not, as before, The Lord spoke unto Moses, saying. But the former laws are repeated and commented upon, explained and enlarged, and some particular precepts added to them, with copius reasonings for the enforcing of them: in this Moses was divinely inspired and assisted, so that this is as truly the word of the Lord by Moses as that which was spoken to him with an audible voice out of the tabernacle of the congregation , Lev 1:1. The Greek interpreters call it Deuteronomy, which signifies the second law, or a second edition of the law, not with amendments, for there needed none, but with additions, for the further direction of the people in divers cases not mentioned before. Now, I. It was much for the honour of the divine law that it should be thus repeated; how great were the things of that law which was thus inculcated, and how inexcusable would those be by whom they were counted as a strange thing! Hos 8:12. II. There might be a particular reason for the repeating of it now; the men of that generation to which the law was first given were all dead, and a new generation had sprung up, to whom God would have it repeated by Moses himself, that, if possible, it might make a lasting impression upon them. Now that they were just going to take possession of the land of Canaan, Moses must read the articles of agreement to them, that they might know upon what terms and conditions they were to hold and enjoy that land, and might understand that they were upon their good behaviour in it. III. It would be of great use to the people to have those parts of the law thus gathered up and put together which did more immediately concern them and their practice; for the laws which concerned the priests and Levites, and the execution of their offices, are not repeated: it was enough for them that they were once delivered. But, in compassion to the infirmities of the people, the laws of more common concern are delivered a second time. Precept must be upon precept, and line upon line, Isa 28:10. The great and needful truths of the gospel should be often pressed upon people by the ministers of Christ. To write the same things (says Paul, Phi 3:1) to me indeed is not grievous, but for you it is safe. What God has spoken once we have need to hear twice, to hear many times, and it is well if, after all, it be duly perceived and regarded. In three ways this book of Deuteronomy was magnified and made honourable: - 1. The king was to write a copy of it with his own hand, and to read therein all the days of his life, ch. 17, 18, 19. 2. It was to be written upon great stones plastered, at their passing over Jordan, Deu 27:2, Deu 27:3. 3. It was to be read publicly every seventh year, at the feast of tabernacles, by the priests, in the audience of all Israel, Deu 31:9, etc. The gospel is a kind of Deuteronomy, a second law, a remedial law, a spiritual law, a law of faith; by it we are under the law of Christ, and it is a law that makes the comers thereunto perfect.

This book of Deuteronomy begins with a brief rehearsal of the most remarkable events that had befallen the Israelites since they came from Mount Sinai. In the fourth chapter we have a most pathetic exhortation to obedience. In the twelfth chapter, and so on to the twenty-seventh, are repeated many particular laws, which are enforced (ch. 27 and 28) with promises and threatenings, blessings and curses, formed into a covenant, ch. 29 and 30. Care is taken to perpetuate the remembrance of these things among them (ch. 31), particularly by a song (ch. 32), and so Moses concludes with a blessing, ch. 33. All this was delivered by Moses to Israel in the last month of his life. The whole book contains the history but of two months; compare Deu 1:3 with Jos 4:19, the latter of which was the thirty days of Israel's mourning for Moses; see how busy that great and good man was to do good when he knew that his time was short, how quick his motion when he drew near his rest. Thus we have more recorded of what our blessed Saviour said and did in the last week of his life than in any other. The last words of eminent persons make or should make deep impressions. Observe, for the honour of this book, that when our Saviour would answer the devil's temptations with, It is written, he fetched all his quotations out of this book, Mat 4:4, Mat 4:7, Mat 4:10.

Matthew Henry: Deuteronomy 21 (Chapter Introduction)

In this chapter provision is made, I. For the putting away of the guilt of blood from the land, when he that shed it had fled from justice (Deu 21:1-9). II. For the preserving of the honour of a captive maid (Deu 21:10-14). III. For the securing of the right of a first-born son, though he were not a favourite (Deu 21:15-17). IV. For the restraining and punishing of a rebellious son (Deu 21:18-21). V. For the maintaining of the honour of human bodies, which must not be hanged in chains, but decently buried, even the bodies of the worst malefactors (Deu 21:22, Deu 21:23).

Constable: Deuteronomy (Book Introduction)

Introduction

Title

The title of this book in the Hebrew Bible was its first two words, elleh haddebarim, which translate into English as "these are the words" (1:1). Ancient Near Eastern suzerainty treaties began with exactly the same words.¹ So the Jewish title gives a strong clue to the literary character of Deuteronomy.

The English title comes from the Septuagint (Greek) translation. "Deuteronomy" means "second law" in Greek. We might suppose that this title arose from the idea that Deuteronomy records the law as Moses repeated it to the new generation of Israelites who were preparing to enter the land. This is not the case. It came from a mistranslation of a phrase in 17:18. There God commanded Israel's kings to prepare "a copy of this law" for themselves. The Septuagint translators mistakenly rendered this phrase "this second [repeated] law." The Vulgate (Latin) translation, influenced by the Septuagint, translated the phrase "second law" as deuteronomium from which Deuteronomy is a transliteration. Deuteronomy is to some extent, however, a repetition to the new generation of the Law God gave at Mt. Sinai. Thus God overruled the translators' error and gave us a title for the book in English that is appropriate in view of the contents of the book.

Date and Writer

Moses evidently wrote this book on the plains of Moab shortly before his death, which occurred about 1406 B.C.

The Mosaic authorship of this book is quite easy to establish. The book claims to be the words of Moses (1:5, 9; 5:1; 27:1, 8; 29:2; 31:1, 30; 33:1, 29) and his writing (31:9, 22, 24). Other Old Testament books also assert the Mosaic authorship of Deuteronomy (1 Kings 2:3; 8:53; 2 Kings 14:6; 18:6, 12). Jesus Christ believed Moses wrote Deuteronomy (Matt. 19:7-8; Mark 10:3-5; 12:19; John 5:46-47) as did the Apostle Peter (Acts 3:22), Stephen (Acts 7:37-38), Paul (Rom. 10:19; 1 Cor. 9:9), and the author of the Epistle to the Hebrews (Heb. 10:28).

"The authorship of no other book in the Old Testament is so explicitly emphasized."²

The form in which Moses wrote Deuteronomy is very similar to that of ancient Near Eastern suzerainty-vassal treaties dating before and during the Mosaic era. This structural evidence confirms an early date of composition.³

Most conservative commentators prefer to regard the record of Moses' death and a few editorial comments as the work of a later writer or writers. Of course, Moses could have written these verses too.

In spite of such conclusive evidence some scholars prefer a later date for Deuteronomy. The critics favor a post-Mosaic but pre-seventh century date, a seventh century date in King Josiah's era, or a postexilic date.⁴

Scope

Deuteronomy is similar to Leviticus in that both books contain a record of instructions and speeches almost exclusively. Deuteronomy is not so much a book of history, as Genesis, Exodus, and Numbers are, as it is a book of law. In contrast to Leviticus, however, Moses addressed Deuteronomy to all the Israelites more than to the priests and Levites.

The scope of history covered in Deuteronomy is very brief. All the events recorded took place on the plains of Moab probably within a few weeks just before Israel's entrance into Canaan.

"According to the Index locorum of Nestle's Novum Testamentum Graece Deuteronomy is quoted or otherwise cited at least 95 times in the New Testament (compared to 103 for Genesis, 113 for Exodus, 35 for Leviticus, and 20 for Numbers), making it one of the favorite Old Testament books of Jesus and the apostles."⁵

Character

"The book of Deuteronomy is the document prepared by Moses as a witness to the dynastic covenant which the Lord gave to Israel in the plains of Moab (cf. 31:26)."⁶

Theology

"In line with the general correspondence of the form of a thing to its function, it is safe to say that one cannot understand the theology of Deuteronomy without reference to its covenant form and structure . . . It is no exaggeration to maintain that the concept of covenant lies at the very heart of the book and may be said to be the center of its theology.

"Covenant by its very definition demands at least three elements--the two contracting parties and the document that describes and outlines the purpose, nature, and requirements of the relationship. Thus the three major rubrics of the theology of Deuteronomy are (1) Yahweh, the Great King and covenant initiator; (2) Israel, the vassal and covenant recipient; and (3) the book itself, the covenant organ, complete with the essentials of standard treaty documents. This means, moreover, that all the revelation of the book must be seen through the prism of covenant and not abstractly removed from the peculiar historical and ideological context in which it originated."⁷

"The theological values of Deuteronomy can hardly be exaggerated. It stands as the wellspring of biblical historical revelation. It is a prime source for both OT and NT theology. Whether the covenant, the holiness of God, or the concept of the people of God is the unifying factor of OT theology, each finds emphasis and remarkable definition in Deuteronomy."⁸

Message⁹

Let me share with you a couple of quotations that point out the importance of this book.

"Deuteronomy is one of the greatest books of the Old Testament. Its significance on the domestic and personal religion of all ages has not been surpassed by any other book in the Bible. It is quoted over eighty times in the New Testament . . . in all but six books . . . and thus it belongs to a small group of four Old Testaments books (Genesis, Deuteronomy, Psalms, and Isaiah) to which the early Christians made frequent reference."¹⁰

"The book of Deuteronomy is the most important book in the Old Testament from the standpoint of God's revelation to man."¹¹

Deuteronomy is not just a recapitulation of things previously revealed in Exodus, Leviticus, and Numbers. It is a selective digest of matters most important to the average Israelite in his or her relationship with God. Moses spoke as an aged father to his children. These are the parting words of the man who communed with God face to face. His words in Deuteronomy spring from a personal and intimate knowledge of God that had matured over 120 years.

One of the striking features of this book is the frequent references to love that recur throughout it. God's love for the patriarchs and later the whole nation of Israel is obvious in the previous four books of the Pentateuch, but Moses never articulated it directly. In Deuteronomy for the first time Moses revealed that it was God's love for Israel that motivated Him to deal with the Israelites as He had.

One of the great revelations of this book is the motivation of God. God's love for people moved Him to bless. Moses referred to God's love for people as the motivation of His government in three of the book's major sections.

It constitutes the climax of Moses' first address to the people (1:6-4:40) in which he reviewed God's faithfulness to the Israelites. It was because God loved them that He had treated them as He had (4:32-40, esp. v. 37).

In the second address, which is an exposition of the Mosaic Law (chs. 5-26), Moses explained that God's love motivated His laws (7:7-11; 10:12-22, esp. v. 15; 15:16; 23:5; et al.).

In the conclusion of the book, which records Moses' blessing of the nation (ch. 33), he again reminded the people of God's love for them (33:2-5, esp. v. 3a).

Not only does Deuteronomy reveal that God's love is what motivates Him to govern His people as He does. It also emphasizes that man's love for God should be what motivates us to obey God (cf. 1 John 4:19). This theme too recurs throughout the book.

In Moses' review of the law (chs. 5-26) he called on the Israelites to love God (5:9-10; 6:4-5; 7:9; 10:12-13; 11:1, 13-14, 22-23; 13:1-13, esp. vv. 1-3; 19:8-9). The Israelites' obedience to God's laws expressed their love for God. Love is the most proper and adequate motivation for obedience and service.

We hear this theme again in Moses' third address (chs. 29-30) in which Moses exhorted the new generation of Israelites to obey their covenant, the Mosaic Covenant (30:6, 15-20).

The message of the book then is that God's love for man is the motivation of His government, and man's love for God should be the motivation of his obedience.

This emphasis on love appears even more striking in comparison with other ancient Near Eastern suzerain-vassal treaties. The ancient Near Eastern kings delineated clearly the rights of the ruler and the responsibilities of the subjects in these documents. However the motivation was self-interest, the opposite of love. Concern for others was present, but self-interest predominated.

Since Moses set Deuteronomy in the form of a suzerain-vassal treaty we can learn much about how he viewed Israel's relationship to God.

To quote Thompson again, "Both the literary shape of Deuteronomy and its underlying central concept provide an important clue to the basic theology of the book. Yahweh, the God of Israel, appears in a strong covenantal setting. He is the great King, the Lord of the covenant. From this central concept Israel's finest theological ideas derived."¹²

These "ideas" include the fact that Yahweh is the Lord of the covenant and the God of history.

Obedience to God and His covenant brings blessing whereas disobedience incurs curses. Israel was the people of the covenant.

The people were to worship their Lord by loving Him with their hearts and remembering Him and His acts with their minds.

There are perhaps four basic implications of this revelation and these correspond to four major sections of the book.

1. It is important to remember God's past faithfulness to appreciate His love (1:6-4:40). God commanded the Israelites to remember. Forgetfulness was a sin that would lead them to ingratitude and ultimately to apostasy. To forget was to rebel against God. Remembering the past would remind the people of God's love and rekindle their love for Him. Love as well as trust rests on confidence. We can love God only when we have confidence in Him.

2. God's laws are an expression of His love (chs. 5-26). Because man is a sinner he needs divine laws. God's provision of these laws is an expression of His love for mankind. The specific laws in the Mosaic Code expressed God's love because God intended them to result in Israel's blessing and welfare. Often we think laws are undesirable because they curb our freedom. However, God curbs our freedom to keep us from evil, not to keep us from good.

3. Only love for God will adequately motivate a person to be obedient to God's laws (chs. 27-28). These laws in Israel were so severe that the only motive strong enough to produce consistent obedience was love. Moses urged the Israelites to cultivate their love for God as they prepared to renew the covenant. Self-confidence had failed their fathers, and it would fail them too. Obedience to God can be a joyful or a bitter experience depending on one's motivation.

When we know God we love Him, and when we love God we will want to obey Him.

4. Obedience to God demonstrates love for Him (chs. 29-30). While it is possible to obey God with lesser motives, it is impossible to be consistently obedient without love for God. Consistent obedience is not the same as sinless perfection. The measure of one's love for God is the measure of his or her obedience to the revealed will of God (1 John 5:3). The degree of our commitment to do the will of God is the true measure of our love for God. The real test of our love for God is what we do more than how we feel.

Constable: Deuteronomy (Outline)

Outline

I. Introduction: the covenant setting 1:1-5

II. Moses' first major address: a review of God's faithfulness 1:6-4:40

A. God's past dealings with Israel 1:6-3:29

1. God's guidance from Sinai to Kadesh 1:6-46

2. The march from Kadesh to the Amorite frontier 2:1-23

3. The conquest of the kingdom of Sihon 2:24-37

4. The conquest of the kingdom of Og 3:1-11

5. A review of the distribution of the conquered land 3:12-20

6. Moses' anticipation of future blessing 3:21-29

B. An exhortation to observe the law faithfully 4:1-40

1. The appeal to hearken and obey 4:1-8

2. God's appearance at Mt. Horeb 4:9-14

3. The prohibition of idolatry 4:15-24

4. The consequences of idolatry 4:25-31

5. The uniqueness of Yahweh and Israel 4:32-40

III. Historical interlude: preparation for the covenant text 4:41-49

A. The appointment of cities of refuge in Transjordan 4:41-43

B. Introduction to the second address 4:44-49

IV. Moses' second major address: an exposition of the law chs. 5-26

A. The essence of the law and its fulfillment ch. 5-11

1. Exposition of the Decalogue and its promulgation ch. 5

2. Exhortation to love Yahweh ch. 6

3. Examples of the application of the principles chs. 7-11

B. An exposition of selected covenant laws 12-25

1. Laws arising from the first commandment 12:1-31

2. Laws arising from the second commandment 12:32-13:18

3. Laws arising from the third commandment 14:1-21

4. Laws arising from the fourth commandment 14:22-16:17

5. Laws arising from the fifth commandment 16:18-18:22

6. Laws arising from the sixth commandment 19:1-22:8

7. Laws arising from the seventh commandment 22:9-23:18

8. Laws arising from the eighth commandment 23:19-24:7

9. Laws arising from the ninth commandment 24:8-25:4

10. Laws arising from the tenth commandment 25:5-19

C. Covenant celebration, confirmation, and conclusion ch. 26

1. Laws of covenant celebration and confirmation 26:1-15

2. Summary exhortation 26:16-19

V. Preparations for renewing the covenant chs. 27:1-29:1

A. The ceremony at Shechem 27:1-13

B. The curses that follow disobedience to specific stipulations 27:14-26

C. The blessings that follow obedience 28:1-14

D. The curses that follow disobedience to general stipulations 28:15-68

E. Narrative interlude 29:1

VI. Moses' third major address: an exhortation to obedience chs. 29:2-30:20

A. An appeal for faithfulness 29:2-29

1. Historical review 29:2-8

2. The purpose of the assembly 29:9-15

3. The consequences of disobedience 29:16-29

B. A call to decision ch. 30

1. The possibility of restoration 30:1-10

2. The importance of obedience 30:11-20

VII. Moses' last acts chs. 31-34

A. The duties of Israel's future leaders 31:1-29

1. The presentation of Joshua 31:1-8

2. The seventh year covenant renewal ceremony 31:9-13

3. The commissioning of Joshua 31:14-23

4. The preservation of God's words 31:24-29

B. The Song of Moses 31:30-32:44

1. The introduction to the song 31:30

2. The song itself 32:1-43

3. The conclusion to the song 32:44

C. Narrative interlude 32:45-52

1. Moses' exhortation to obedience 32:45-47

2. The announcement of Moses' death 32:48-52

D. Moses' blessing of the tribes ch. 33

E. Moses' death and burial: narrative epilogue ch. 34

You will notice that there is a general alternation between narrative (sections I, III, V, and VII) and didactic (sections II, IV, and VI) material. However there is some mixture of narrative and didactic material in sections V and VII.

We can also divide the revelation in this book according to the general arrangement of the typical form of a suzerain-vassal treaty that was common in the ancient Near East.¹³

I. Preamble: Covenant mediator 1:1-5

II. Historical prologue: Covenant history 1:6-4:49

III. Stipulations: Covenant life chs. 5-26

A. The Great Commandment chs. 5-11

B. Ancillary commandments chs. 12-26

IV. Sanctions: Covenant ratification chs. 27-30

V. Dynastic disposition: Covenant continuity chs. 31-34

Constable: Deuteronomy

Deuteronomy

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Copyright 2003 by Thomas L. Constable

Haydock: Deuteronomy (Book Introduction)

INTRODUCTION.

THE BOOK OF DEUTERONOMY.

This Book is called Deuteronomy, which signifies a second law , because it repeats and inculcates the ordinances formerly given on Mount Sinai, with other precepts not expressed before. The Hebrews, from the first words in the Book, call it Elle Haddebarim . (Challoner) --- It may be divided into many discourses, which Moses made to the people during the last two months of his life. (Haydock) --- The first was delivered by him on the first day of the eleventh month of the fortieth year, since the deliverance of the Hebrews out of Egypt, and relates various particulars which had occurred to them. In chap. iv. 41, and following, and a supplement from the Book of Numbers is given to this discourse. Chap. v., a fresh exhortation to the people commences, which continues until chap. xxii., where the famous blessings and maledictions, from the mountains of Garizim and Hebal, are related. In the following chapters, Moses exhorts the people, in the most pathetic manner, to be faithful to the Lord, adding the strongest threats and promises to enforce their compliance; and having appointed Josue to succeed him, and repeated that beautiful canticle which God ordered them to write, (chap. xxxi. 19,) he gives the Book of Deuteronomy, to be kept with care, (ver. 9,) blesses the tribes like a good and tender father, and gives up his soul to God on Mount Nebo in the 120th year of his age. (Calmet) --- There can be no doubt but that Moses was the author of this book, as well as of the four preceding ones; though the last chapter may, perhaps, form a part of the Book of Josue, which formerly was written immediately after the works of Moses, without any such marks of distinction as we find at present. The whole Bible seemed to make but one verse. How easily, therefore, might the account of the death of Moses be taken in, as forming a part of the Pentateuch, when the different books came to be distinguished by separate titles! Such an insertion cannot hurt the general claim of Moses to be the author of the Pentateuch; or, if it should be thought to do so, no absolute proof can be brought to shew that he did not write this chapter also, by the spirit of prophecy. All the people spoke to Esdras, the scribe, to bring the book of the law of Moses, which the Lord had commanded, to Israel. The whole nation of the Jews has all along maintained, that Moses wrote these books: and he himself repeatedly asserts that he was ordered to leave on record many things of importance. Hence both internal and external evidence concur to establish his title to them; and if we be not disposed to cavil with all other authors, and to deny that Demosthenes, for example, Cæsar, and others, have written the works which bear their names, we must confess that the Pentateuch is to be attributed to the Jewish legislator. Yet if this were a matter of doubt, the things contained in these books could not, on that account, be controverted. How many anonymous works have been published which are of unquestionable authority! Many of the books of Scripture are of this nature. But as we have every reason to believe, that they have come down to us without any material corruption, and were written by people of veracity, by divine inspiration, they deserve to be regarded as authentic records. This is true, whether we speak of the originals or of the versions authorized by the Church; though it should suffice to stop the mouths of infidels, if we can procure an authentic history of the Bible by the collation of the different copies which are extant. Thus, where the Hebrew editions appear to be incorrect, they may receive great light from the Samaritan copy of the Pentateuch, and from the versions of the Septuagint, and of other respectable authors on the whole Bible. The variations, which we may discover, are not of such moment, but that, if the very worst copy were selected, we should find the same great outlines of Scripture history, the same precepts of faith and morality. The laws of Moses, which are scattered through his five books, may be seen all together in their natural order, collected by Cornelius a Lapide and Calmet. But the spirit of God was pleased to intersperse historical facts among them, which both shew the occasion on which they were given, and enable us to read them with greater pleasure and satisfaction. The four preceding books might be compared to the four Gospels; Deuteronomy represents the whole, (Ven. Bede) and may be styled a Diatessaron, as it recalls to our mind the great Creator of all things, who was about to fulfil the promises which he had made to the Patriarchs. Almost all those to whom Moses addresses himself, had been unborn or very young, when their parents received God's commands at Sinai, and wandered in the desert. He therefore gives them an account of what had happened during the last eventful period of forty years. He shews what had brought on so many disasters, and cautions his hearers, that if they imitate the perfidy of their fathers, as he foresees, with sorrow, that they will, (chap. xxxi.) they must expect to be treated with no less severity. This prediction we behold verified, at the present day, in the persons of the scattered remnants of Israel. How sublime! how terrifying are the truths which Moses enforces with so much earnestness! The same threats which he denounces against the perfidious Jews, regard us in some measure. If we feel not their effects at present, in being driven out from our country, we have more reason to fear lest we should be excluded from our heavenly inheritance, if we do not repent. (Haydock)

Gill: Deuteronomy (Book Introduction)

INTRODUCTION TO DEUTERONOMY

This book is sometimes called "Elleh hadebarim", from the words with which it begins; and sometimes by the Jews "Mishneh Torah", the repetition of the law; and so in the Syriac version, with which agrees the Arabic title of it; and when the Greeks, and we after them, call it "Deuteronomy", it is not to be understood of a second, a new, or another law, but of the law formerly delivered, but now repeated, and also more largely explained; to which are likewise added several particular laws, instructions, and directions; all which were necessary, on account of the people of Israel, who were now a new generation, that either were not born, or not at an age to hear and understand the law when given on Mount Sinai; the men that heard it there being all dead, excepting a very few; and these people were also now about to enter into the land of Canaan, which they were to enjoy as long as they kept the law of God, and no longer, and therefore it was proper they should be reminded of it; and besides, Moses was now about to leave them, and having an hearty desire after their welfare, spends the little time he had to be with them, by inculcating into them and impressing on them the laws of God, and in opening and explaining them to them, and enforcing them on them, which were to be the rule of their obedience, and on which their civil happiness depended. And sometimes the Jews call this book "the book of reproofs", because there are in it several sharp reproofs of the people of Israel for their rebellion and disobedience; and so the Targums of Jonathan and Jerusalem begin it by calling it the words of reproof which Moses spake, &c. That this book was written by Moses there can be no doubt, from Deu 1:1, only the eight last verses, which give an account of his death, and of his character, were wrote by another hand, equally inspired by God, as either Eleazar the priest, as some, or Samuel the prophet, as others; or, as it is the more commonly received opinion of the Jews, Ezra; though it is highly probable they were wrote by Joshua his successor. This book was written and delivered by Moses, at certain times in the last month of his life, and towards the close of the fortieth year of the children of Israel's coming out of Egypt. And that it is of divine authority need not be questioned, when the several quotations out of it are observed, as made by the apostles of Christ, in Act 3:22, Heb 10:30 out of Deu 18:15 and by our Lord himself, Mat 18:16 from Deu 19:15. Yea, it is remarkable, that all the passages of Scripture produced by Christ, to repel the temptations of Satan, are all taken out of this book, Mat 4:7 compared with Deu 8:3, and the voice from heaven, directing the apostles to hearken to him, refers to a prophecy of him in Deu 18:15.

Gill: Deuteronomy 21 (Chapter Introduction)

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, Deu 21:1 of a beautiful captive woman an Israelite is desirous of having for his wife, and what methods he must take to accomplish it, Deu 21:10, of giving the double portion to the firstborn, which he must not be deprived of in favour of the son of a beloved wife, Deu 21:15 and of the stubborn and rebellious son, who remaining so must be put to death, Deu 21:18 and of burying a person hanged on a tree the same day he is executed, Deu 21:22.