Text -- Deuteronomy 21:17-23 (NET)

21:17 Rather, he must acknowledge the son of the less loved wife as firstborn and give him the double portion of all he has, for that son is the beginning of his father’s procreative power– to him should go the right of the firstborn. 21:18 If a person has a stubborn, rebellious son who pays no attention to his father or mother, and they discipline him to no avail, 21:19 his father and mother must seize him and bring him to the elders at the gate of his city. 21:20 They must declare to the elders of his city, “Our son is stubborn and rebellious and pays no attention to what we say– he is a glutton and drunkard.” 21:21 Then all the men of his city must stone him to death. In this way you will purge out wickedness from among you, and all Israel will hear about it and be afraid.

Disposition of a Criminal’s Remains

21:22 If a person commits a sin punishable by death and is executed, and you hang the corpse on a tree, 21:23 his body must not remain all night on the tree; instead you must make certain you bury him that same day, for the one who is left exposed on a tree is cursed by God. You must not defile your land which the Lord your God is giving you as an inheritance.

Commentary -- Verse Notes / Footnotes

NET Notes: Deu 21:17

¹ tn See note on the word “other” in v. 15.

² tn Heb “measure of two.” The Hebrew expression פִּי שְׁנַיִם (piy shÿnayim) suggests a two-thirds split; that is, the elder gets two parts and the younger one part. Cf. 2 Kgs 2:9; Zech 13:8. The practice is implicit in Isaac’s blessing of Jacob (Gen 25:31-34) and Jacob’s blessing of Ephraim (Gen 48:8-22).

³ tn Heb “his generative power” (אוֹן, ’on; cf. HALOT 22 s.v.). Cf. NAB “the first fruits of his manhood”; NRSV “the first issue of his virility.”

NET Notes: Deu 21:18

¹ tn Heb “and he does not listen to them.”

NET Notes: Deu 21:20

¹ tc The LXX and Smr read “to the men,” probably to conform to this phrase in v. 21. However, since judicial cases were the responsibility of the elders in such instances (cf. Deut 19:12; 21:3, 6; 25:7-8) the reading of the MT is likely original and correct here.

NET Notes: Deu 21:21

¹ tn The Hebrew term בִּעַרְתָּה (bi’artah), here and elsewhere in such contexts (cf. Deut 13:5; 17:7, 12; 19:19; 21:9), suggests God’s anger which consumes like fire (thus בָעַר, ba’ar, “to burn”). See H. Ringgren, TDOT 2:203-4.

² tc Some LXX traditions read הַנִּשְׁאָרִים (hannish’arim, “those who remain”) for the MT’s יִשְׂרָאֵל (yisra’el, “Israel”), understandable in light of Deut 19:20. However, the more difficult reading found in the MT is more likely original.

NET Notes: Deu 21:22

¹ tn Heb “him.”

NET Notes: Deu 21:23

¹ tn The Hebrew text uses the infinitive absolute for emphasis, which the translation indicates by “make certain.”

² tn Heb “hung,” but this could convey the wrong image in English (hanging with a rope as a means of execution). Cf. NCV “anyone whose body is displayed on a tree.”

³ sn The idea behind the phrase cursed by God seems to be not that the person was impaled because he was cursed but that to leave him exposed there was to invite the curse of God upon the whole land. Why this would be so is not clear, though the rabbinic idea that even a criminal is created in the image of God may give some clue (thus J. H. Tigay, Deuteronomy [JPSTC], 198). Paul cites this text (see Gal 3:13) to make the point that Christ, suspended from a cross, thereby took upon himself the curse associated with such a display of divine wrath and judgment (T. George, Galatians [NAC], 238-39).