Text -- Deuteronomy 21:22 (NET)

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,

Commentary -- Word/Phrase Notes (per phrase)

Wesley: Deu 21:22

Which was done after the malefactor was put to death some other way, this publick shame being added to his former punishment.

JFB: Deu 21:22-23

Hanging was not a Hebrew form of execution (gibbeting is meant), but the body was not to be left to rot or be a prey to ravenous birds; it was to be buried "that day," either because the stench in a hot climate would corrupt the air, or the spectacle of an exposed corpse bring ceremonial defilement on the land.

Calvin: Deu 21:22

The object of this precept was to banish inhumanity and barbarism from the chosen people, and also to impress upon them horror even of a just execution. And surely the body of a man suspended on a cross is a sad and hideous spectacle; for the rights of sepulture are ordained for man, both as a pledge and symbol of the resurrection, and also to spare the eyes of the living, lest they should be defiled by the sight of so horrible a thing. Moses does not here speak generally, but only of those malefactors who are unworthy of the honor of burial; yet the public good is regarded in the burial even of such as these, lest men should grow accustomed to cruelty, and thus become more ready to commit murder. Moreover, that they may take more careful heed in this matter, he declares that the land would be defiled, if the corpse should be left hanging on the cross, since such inhumanity pollutes and disgraces the land. And this was more intolerable in Judea, which God had given as an inheritance to his elect people, that he might be there worshipped reverentially, and purely, every profanation being excluded. The man so hanged is called ⁴² “the curse of God,” because this kind of punishment is detestable in itself. God, indeed, does not forbid criminals to be crucified, or hanged on a gallows, but rather gives His sanction to this mode of punishment; He only, by His own example, exhorts the Israelites to abhor all atrocity. Although, therefore, He does not disapprove of the punishment, He still says that lie abominates those that are hanged on a tree, that the scandal may be immediately removed; nor does He call them accursed, as if their salvation was to be despaired of, but because the hanging was a mark of His curse. This passage Paul applies to Christ, to teach us that He was made κατάρα ( a curse) for us, that He might deliver us from the curse of the Law. ( Gal 3:13.) For, since all are guilty of transgression, and thus the whole race of mankind is implicated in the curse, there was no other mode of deliverance, except that Christ should substitute Himself in our place. Nor was God unmindful of His sentence, when He suffered His only-begot, tea Son to be crucified. Hence it follows that He submitted Himself to our condition, in order; that we might receive God’s blessing; since He was

“ made sin for us, that we might be made the righteousness
of God in Him.” (2Co 5:21.)

TSK: Deu 21:22

Jos 8:29, Jos 10:26; So in Num 25:4, we read, ""And the Lord said unto Moses, Take all the heads (chief men) of the people, and hang them up before the Lord against the sun, that the fierce anger of the Lord may be turned away from Israel.""Among the Romans, in after ages, they hanged, or rather fastened to the tree ALIVE; and such was the cruel death of our blessed Lord and Saviour Jesus Christ. Deu 19:6, Deu 22:26; 1Sa 26:16; Mat 26:66; Act 23:29, Act 25:11, Act 25:25, Act 26:31

worthy of death : Heb. of the judgment of death, The Hebrews understand this not of putting to death by hanging, but of hanging a man up after he was stoned to death; which was done more ignominiously of some heinous malefactors. We have the examples of Rechab and Baanah, who, for murdering Ish-bosheth, were slain by David’ s commandment, their hand and feet cut off, and then hanged up. 2Sa 4:12

thou hang : 2Sa 21:6, 2Sa 21:9; Luk 23:33; Joh 19:31-38

Commentary -- Word/Phrase Notes (per Verse)

Barnes: Deu 21:22

There were four methods of execution in use among the ancient Jews; stoning (Exo 17:4; Deu 13:10, etc.), burning Lev 20:14; Lev 21:9, the sword Exo 32:27, and strangulation. The latter, though not named in Scripture, is regarded by the rabbis as the most common, and the proper one to be adopted when no other is expressly enjoined by the Law. Suspension, whether from cross, stake, or gallows, was not used as a mode of taking life, but was sometimes added after death as an enhancement of punishment. Pharaoh’ s chief baker Gen 40:19 was hanged after being put to death by the sword; and similarly Joshua appears Jos 10:26 to have dealt with the five kings who made war against Gibeon. Compare also Num 25:4.

Poole: Deu 21:22

Which was done after the malefactor was put to death some other way, this public shame being added to his former punishment. See Jos 7:25 8:29 10:26 2Sa 4:12 .

Haydock: Deu 21:22

Gibbet. Whether the person was first killed, as the Jews assert, or he was left to die upon the gibbet, see Calmet's Diss. It is also a matter of doubt, whether he was nailed to the gibbet, or hung on it by a rope. (Bonfrere)

Gill: Deu 21:22

And if a man have committed a sin worthy of death,.... This before mentioned, or any other that deserves death, any kind of death, as strangling, killing with the sword, burning and stoning, to which the Jews restrain it here:

and he be to be put to death, and thou hang him, on a tree; is condemned to stoning, and after that they hang him, as the Targum of Jonathan; and according to the Jewish Rabbins, as Jarchi observes, all that were stoned were to be hanged, and only men, not women ^g; for it is remarked that it is said "him" and not "her" ^h: about this there is a dispute in the Misnah ⁱ;"all that are stoned are hanged, they are the words of R. Eliezer; but the wise men say none are to be hanged but the blasphemer and idolater; a man is to be hanged with his face to the people, a woman with her face to the tree, they are the words of R. Eliezer; but the wise men say, a man is to be hanged, but no woman, to whom R. Eliezer replied, did not Simeon Ben Shetach hang women in Ashkelon? they answered him, he hung eighty women (at once), but they do not judge or condemn two in one day;''so that this was a particular case at a particular time, and not be drawn into an example: in the same place it is asked,

"how they hang one? they fix a beam in the earth, and a piece of wood goes out of it (near the top of it, as one of the commentator ^k remarks), and join his two hands together and hang him;''that is, by his hand, not by his neck, as with us, but rather in the crucifixion; only in that the hands are spread, and one hand is fastened to one part of the cross beam, and the other to the other end.

Commentary -- Verse Notes / Footnotes

NET Notes: Deu 21:22

¹ tn Heb “him.”

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 21:22-23

By the law of Moses, the touch of a dead body was defiling, therefore dead bodies must not be left hanging, as that would defile the land. There is one reason here which has reference to Christ; " He that is hanged is accursed of God;" that is, it is the highest degree of disgrace and reproach. Those who see a man thus hanging between heaven and earth, will conclude him abandoned of both, and unworthy of either. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most disgracefully, that it might afterward be applied to the death of Christ, and might show that in it he underwent the curse of the law for us; which proves his love, and encourages to faith in him.

Matthew Henry: Deu 21:18-23

Here is, I. A law for the punishing of a rebellious son. Having in the former law provided that parents should not deprive their children of their right, it was fit that it should next be provided that children withdraw not the honour and duty which are owing to their parents, for there is no partiality in the divine law. Observe,

1. How the criminal is here described. He is a stubborn and rebellious son, Deu 21:18. No child was to fare the worse for the weakness of his capacity, the slowness or dulness of his understanding, but for his wilfulness and obstinacy. If he carry himself proudly and insolently towards his parents, contemn their authority, slight their reproofs and admonitions, disobey the express commands they give him for his own good, hate to be reformed by the correction they give him, shame their family, grieve their hearts, waste their substance, and threaten to ruin their estate by riotous living - this is a stubborn and rebellious son. He is particularly supposed (Deu 21:20) to be a glutton or a drunkard. This intimates either, (1.) That these were sins which his parents did in a particular manner warn him against, and therefore that in these instances there was a plain evidence that he did not obey their voice. Lemuel had this charge from his mother, Pro 31:4. Note, In the education of children, great care should be taken to suppress all inclinations to drunkenness, and to keep them out of the way of temptations to it; in order hereunto they should be possessed betimes with a dread and detestation of that beastly sin, and taught betimes to deny themselves. Or, (2.) That his being a glutton and a drunkard was the cause of his insolence and obstinacy towards his parents. Note, There is nothing that draws men into all manner of wickedness, and hardens them in it, more certainly and fatally than drunkenness does. When men take to drink they forget the law, they forget all law (Pro 31:5), even that fundamental law of honouring parents.

2. How this criminal is to be proceeded against. His own father and mother are to be his prosecutors, Deu 21:19, Deu 21:20. They might not put him to death themselves, but they must complain of him to the elders of the city, and the complaint must needs be made with a sad heart: This our son is stubborn and rebellious. Note, Those that give up themselves to vice and wickedness, and will not be reclaimed, forfeit their interest in the natural affections of the nearest relations; the instruments of their being justly become the instruments of their destruction. The children that forget their duty must thank themselves and not blame their parents if they are regarded with less and less affection. And, how difficult soever tender parents now find it to reconcile themselves to the just punishment of their rebellious children, in the day of the revelation of the righteous judgment of God all natural affection will be so entirely swallowed up in divine love that they will acquiesce even in the condemnation of those children, because God will be therein for ever glorified.

3. What judgment is to be executed upon him: he must publicly stoned to death by the men of his city, Deu 21:21. And thus, (1.) The paternal authority was supported, and God, our common Father, showed himself jealous for it, it being one of the first and most ancient streams derived from him that is the fountain of all power. (2.) This law, if duly executed, would early destroy the wicked of the land. (Psa 101:8), and prevent the spreading of the gangrene, by cutting off the corrupt part betimes; for those that were bad members of families would never make good members of the commonwealth. (3.) It would strike an awe upon children, and frighten them into obedience to their parents, if they would not otherwise be brought to their duty and kept in it: All Israel shall hear. The Jews say, "The elders that condemned him were to send notice of it in writing all the nation over, In such a court, such a day, we stoned such a one, because he was a stubborn and rebellious son. "And I have sometimes wished that as in all our courts there is an exact record kept of the condemnation of criminals, in perpetuam rei memoriam - that the memorial may never be lost, so there might be public and authentic notice given in print to the kingdom of such condemnations, and the executions upon them, by the elders themselves, in terrorem - that all may hear and fear.

II. A law for the burying of the bodies of malefactors that were hanged, Deu 21:22. The hanging of them by the neck till the body was dead was not used at all among the Jews, as with us; but of such as were stoned to death, if it were for blasphemy, or some other very execrable crime, it was usual, by order of the judges, to hang up the dead bodies upon a post for some time, as a spectacle to the world, to express the ignominy of the crime, and to strike the greater terror upon others, that they might not only hear and fear, but see and fear. Now it is here provided that, whatever time of the day they were thus hanged up, at sun-set they should be taken down and buried, and not left to hang out all night; sufficient (says the law) to such a man is this punishment; hitherto let it go, but no further. Let the malefactor and his crime be hidden in the grave. Now, 1. God would thus preserve the honour of human bodies and tenderness towards the worst of criminals. The time of exposing dead bodies thus is limited for the same reason that the number of stripes was limited by another law: Lest thy brother seem vile unto thee. Punishing beyond death God reserves to himself; as for man, there is no more that he can do. Whether therefore the hanging of malefactors in chains, and setting up their heads and quarters, be decent among Christians that look for the resurrection of the body, may perhaps be worth considering. 2. Yet it is plain there was something ceremonial in it; by the law of Moses the touch of a dead body was defiling, and therefore dead bodies must not be left hanging up in the country, because, by the same rule, this would defile the land. But, 3. There is one reason here given which has reference to Christ. He that is hanged is accursed of God, that is, it is the highest degree of disgrace and reproach that can be done to a man, and proclaims him under the curse of God as much as any external punishment can. Those that see him thus hang between heaven and earth will conclude him abandoned of both and unworthy of either; and therefore let him not hang all night, for that would carry it too far. Now the apostle, showing how Christ has redeemed us from the curse of the law by being himself made a curse for us, illustrates it by comparing the brand here put on him that was hanged on a tree with the death of Christ, Gal 3:13. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most ignominiously, that it might afterwards be applied to the death of Christ, and might show that in it he underwent the curse of the law for us, which is a great enhancement of his love and a great encouragement to our faith in him. And (as the excellent bishop Patrick well observes) this passage is applied to the death of Christ, not only because he bore our sins and was exposed to shame, as these malefactors were that were accursed of God, but because he was in the evening taken down from the cursed tree and buried (and that by the particular care of the Jews, with an eye to this law, Joh 19:31), in token that now, the guilt being removed, the law was satisfied, as it was when the malefactor had hanged till sun-set; it demanded no more. Then he ceased to be a curse, and those that were his. And, as the land of Israel was pure and clean when the dead body was buried, so the church is washed and cleansed by the complete satisfaction which thus Christ made.

Keil-Delitzsch: Deu 21:22-23

Burial of those who had been Hanged. - If there was a sin upon a man, מות משׁפּט , lit., a right of death, i.e., a capital crime (cf. Deu 19:6 and Deu 22:26), and he was put to death, and they hanged him upon a tree (wood), his body was not to remain upon the wood over night, but they were to bury him on the same day upon which he as hanged; "for the hanged man is a curse of God," and they were not to defile the land which Jehovah gave for an inheritance. The hanging, not of criminals who were to be put to death, but of those who had been executed with the sword, was an intensification of the punishment of death (see at Num 25:4), inasmuch as the body was thereby exposed to peculiar kinds of abominations. Moses commanded the burial of those who had been hanged upon the day of their execution, - that is to say, as we may see from the application of this law in Jos 8:29; Jos 10:26-27, before sunset, - because the hanged man, being a curse of God, defiled the land. The land was defiled not only by vices and crimes (cf. Lev 18:24, Lev 18:28; Num 35:34), but also by the exposure to view of criminals who had been punished with death, and thus had been smitten by the curse of God, inasmuch as their shameful deeds were thereby publicly exposed to view. We are not to think of any bodily defilement of the land through the decomposition consequent upon death, as J. D. Mich. and Sommer suppose; so that there is no ground for speaking of any discrepancy between this and the old law. - (On the application of this law to Christ, see Gal 3:13.), - This regulation is appended very loosely to what precedes. The link of connection is contained in the thought, that with the punishment of the wicked the recollection of their crimes was also to be removed.

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 21:22--22:9

Respect for life 21:22-22:8

This section opens and closes with references to death (21:22; 22:8) placing it within the legislation dealing with the sixth commandment.²³⁸

Constable: Deu 21:22-23

The burial of a hanged person 21:22-23

"The preceding law had proceeded from parental to official judicial authority and had prescribed the death penalty. The present case takes the judicial process a step beyond the execution, to the exposure of the corpse as a monitory, public proclamation of the satisfaction of justice."²³⁹

The method of public execution prescribed in Israel was normally stoning. After criminals had died, sometimes their executioners hung their bodies up for all to see as a deterrent to similar crimes.²⁴⁰ This law required that in such cases those responsible had to bury the body the same day as the execution to avoid defiling the land further because of death (cf. Num. 35:33-34; Lev. 18:24-27). Hanging was the result of God's curse, not its cause.

The fact that Jesus Christ's enemies crucified Him on a tree for all to see demonstrated that God had cursed Him because He bore our sins as our substitute. His hanging on a tree did not result in God cursing Him (John 19:31; Gal. 3:13).

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.