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Text -- Deuteronomy 21:16 (NET)

Strongs On/Off
Context
21:16 In the day he divides his inheritance he must not appoint as firstborn the son of the favorite wife in place of the other wife’s son who is actually the firstborn.
Parallel   Cross Reference (TSK)   ITL  

Names, People and Places, Dictionary Themes and Topics

Dictionary Themes and Topics: Polygamy | PRIMOGENITURE | PATRIMONY | Moses | LAW OF MOSES | LAW IN THE OLD TESTAMENT | Inheritance | Heir | Firstborn | Favoritism | FIRSTBORN; FIRSTLING | Crucifixion | Children | Birthright | BELOVED | more
Table of Contents

Word/Phrase Notes
JFB , TSK

Word/Phrase Notes
Barnes , Poole , Haydock , Gill

Verse Notes / Footnotes
NET Notes

Verse Range Notes
TSK Synopsis , MHCC , Matthew Henry , Keil-Delitzsch , Constable , Guzik

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Commentary -- Word/Phrase Notes (per phrase)

JFB: Deu 21:15-17 - -- In the original and all other translations, the words are rendered "have had," referring to events that have already taken place; and that the "had" h...

In the original and all other translations, the words are rendered "have had," referring to events that have already taken place; and that the "had" has, by some mistake, been omitted in our version, seems highly probable from the other verbs being in the past tense--"hers that was hated," not "hers that is hated"; evidently intimating that she (the first wife) was dead at the time referred to. Moses, therefore, does not here legislate upon the case of a man who has two wives at the same time, but on that of a man who has married twice in succession, the second wife after the decease of the first; and there was an obvious necessity for legislation in these circumstances; for the first wife, who was hated, was dead, and the second wife, the favorite, was alive; and with the feelings of a stepmother, she would urge her husband to make her own son the heir. This case has no bearing upon polygamy, which there is no evidence that the Mosaic code legalized.

TSK: Deu 21:16 - -- 1Ch 5:2, 1Ch 26:10; 2Ch 11:19-22, 2Ch 21:3; Rom 8:29; Phi 4:8; Heb 12:16, Heb 12:17

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Commentary -- Word/Phrase Notes (per Verse)

Barnes: Deu 21:15-17 - -- Moses did not originate the rights of primogeniture (compare Gen 25:31), but recognized them, since he found them pre-existing in the general social...

Moses did not originate the rights of primogeniture (compare Gen 25:31), but recognized them, since he found them pre-existing in the general social system of the East. Paternal authority could set aside these rights on just grounds Gen 27:33, but it is forbidden here to do so from mere partiality.

Poole: Deu 21:16 - -- He may not it is not lawful, because contrary to the rights and law of nature. Before the son or, before the face of the son , i.e. in his lifetim...

He may not it is not lawful, because contrary to the rights and law of nature.

Before the son or, before the face of the son , i.e. in his lifetime, as this phrase is understood, Gen 11:28 16:12 25:18 . And when this phrase is rendered before another, it signifies only in the presence of another, but never notes the preference of one person to another, which the Hebrews express in another manner. And this may be added to intimate, that if the eldest son were dead, and had left a child, the father was free to give the right of his first-born unto his second son, rather than to the child of the eldest. Or this phrase may be an aggravation of the fact, whereby his father did in a manner spit in his face, and fasten a reproach upon him in his very sight and presence.

Haydock: Deu 21:16 - -- Hated, or less loved. (Haydock) --- The inheritance goes to the first-born independently of the father's disposition, in order to prevent the distu...

Hated, or less loved. (Haydock) ---

The inheritance goes to the first-born independently of the father's disposition, in order to prevent the disturbances which would otherwise have taken place in families, where the different wives would have been continually endeavouring to get their respective children preferred before the rest. David, indeed, assigned the throne to Solomon, to the exclusion of Adonias; but this was done by the command of God, 3 Kings i. 17. The regulation of Jacob, in favour of Joseph, was made prior to this law. The Jewish doctors inform us that a father cannot disinherit any of his lawful heirs, except the judges ratify his sentence, while he is in health. But if he be dangerously ill, his verbal declaration will suffice, provided he appoint some one whom the law does not reject. For if he were to make a Gentile his heir, the will would be null. The testament must be made in the day time, for which they cite Ecclesiasticus xxxiii. 24. They say likewise that a father may, while living, give his effects to whom he pleases, and by this means disinherit his children; or he may give the succession to one of them, who is then considered as a tutor of the rest, and is bound to maintain them with necessaries till the year of jubilee, when each may claim his respective share. (Selden, Succes. c. xxiv.) But all these regulations seem to contradict the law. (Calmet)

Gill: Deu 21:16 - -- Then it shall be, when he maketh his sons to inherit that which he hath,.... By a will in writing, or byword of mouth, or by a deed of gift, actually ...

Then it shall be, when he maketh his sons to inherit that which he hath,.... By a will in writing, or byword of mouth, or by a deed of gift, actually bestowing his goods upon them, and dividing among them what he is for the present possessed of; see Luk 15:12,

that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn; that is, when such is the case, that the son of his wife he has the least value for is really his firstborn, he may not, through favour and affection to the wife he loves better, prefer her son, and declare him to be the firstborn, by devising to him or bestowing on him the double portion of his goods; for so to do would not be right, or agreeably to the will and law of God; for though previous to this law the birthright was given to Joseph, the eldest son of Rachel, the most beloved wife of Jacob, before Reuben who was the son of Leah, less beloved by him, and was in fact his firstborn; yet this was owing to the sin of Reuben, and by the appointment of God; see Gen 49:3.

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Commentary -- Verse Notes / Footnotes

NET Notes: Deu 21:16 Heb “the hated.”

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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...

MHCC: Deu 21:15-17 - --This law restrains men from disinheriting their eldest sons without just cause. The principle in this case as to children, is still binding to parents...

Matthew Henry: Deu 21:15-17 - -- This law restrains men from disinheriting their eldest sons out of mere caprice, and without just provocation. I. The case here put (Deu 21:15) is v...

Keil-Delitzsch: Deu 21:15-17 - -- The Right of the first-born. - Whilst the previous law was intended to protect the slave taken in war against the caprice of her Israelitish master,...

Constable: Deu 5:1--26:19 - --IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26 ". . . Deuteronomy contains the most compre...

Constable: Deu 12:1--25:19 - --B. An exposition of selected covenant laws 12-25 Moses' homiletical exposition of the law of Israel that...

Constable: Deu 19:1--22:9 - --6. Laws arising from the sixth commandment 19:1-22:8 The sixth commandment is, "You shall not mu...

Constable: Deu 21:10-21 - --Wives and children 21:10-21 Everything in this section has some connection with the sixt...

Constable: Deu 21:15-17 - --Limits on a father's authority 21:15-17 The first-born son was to receive the tr...

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...

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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 for...

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 E...

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 th...

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 d...

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 ...

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...

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, ...

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 disinheri...

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 ...

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...

Constable: Deuteronomy (Book Introduction) Introduction Title The title of this book in the Hebrew Bible was its first two words,...

Constable: Deuteronomy (Outline) Outline I. Introduction: the covenant setting 1:1-5 II. Moses' first major address: a review...

Constable: Deuteronomy Deuteronomy Bibliography Adams, Jay. Marriage, Divorce and Remarriage in the Bible. Phillipsburg, N.J.: Presbyt...

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 ...

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 "Mishne...

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 observe...

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