Domestic Relations

      10“When you go out to battle against your enemies, and the LORD your God delivers them into your hands and you take them away captive, 11and see among the captives a beautiful woman, and have a desire for her and would take her as a wife for yourself, 12then you shall bring her home to your house, and she shall shave her head and trim her nails. 13“She shall also remove the clothes of her captivity and shall remain in your house, and mourn her father and mother a full month; and after that you may go in to her and be her husband and she shall be your wife. 14“It shall be, if you are not pleased with her, then you shall let her go wherever she wishes; but you shall certainly not sell her for money, you shall not mistreat her, because you have humbled her.

      15“If a man has two wives, the one loved and the other unloved, and both the loved and the unloved have borne him sons, if the firstborn son belongs to the unloved, 16then it shall be in the day he wills what he has to his sons, he cannot make the son of the loved the firstborn before the son of the unloved, who is the firstborn. 17“But he shall acknowledge the firstborn, the son of the unloved, by giving him a double portion of all that he has, for he is the beginning of his strength; to him belongs the right of the firstborn.

      18“If any man has a stubborn and rebellious son who will not obey his father or his mother, and when they chastise him, he will not even listen to them, 19then his father and mother shall seize him, and bring him out to the elders of his city at the gateway of his hometown. 20“They shall say to the elders of his city, ‘This son of ours is stubborn and rebellious, he will not obey us, he is a glutton and a drunkard.’ 21“Then all the men of his city shall stone him to death; so you shall remove the evil from your midst, and all Israel will hear of it and fear.

      22“If a man has committed a sin worthy of death and he is put to death, and you hang him on a tree, 23his corpse shall not hang all night on the tree, but you shall surely bury him on the same day (for he who is hanged is accursed of God), so that you do not defile your land which the LORD your God gives you as an inheritance.

Parallel Verses

New American Standard Bible (©1995)
then your elders and your judges shall go out and measure the distance to the cities which are around the slain one.

GOD'S WORD® Translation (©1995)
your leaders and judges must go and measure the distance from the body to each of the neighboring cities.

King James Bible
Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:

Douay-Rheims Bible
Thy ancients and judges shall go out, and shall measure from the place where the body lieth the distance of every city round about:

Darby Bible Translation
then thine elders and thy judges shall go forth, and they shall measure unto the cities which are round about him that is slain;

English Revised Version
then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:

Webster's Bible Translation
Then thy elders and thy judges shall come forth, and they shall measure to the cities which are around him that is slain:

World English Bible
then your elders and your judges shall come forth, and they shall measure to the cities which are around him who is slain:

Young's Literal Translation
then have thine elders and thy judges gone out and measured unto the cities which are round about the slain one,

Cross References

Deuteronomy 21:1 "If a slain person is found lying in the open country in the land which the LORD your God gives you to possess, and it is not known who has struck him,

Deuteronomy 21:3 "It shall be that the city which is nearest to the slain man, that is, the elders of that city, shall take a heifer of the herd, which has not been worked and which has not pulled in a yoke;

Commentary

Matthew Henry's Whole Bible Commentary

Chapter 21

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 (v. 1-9). II. For the preserving of the honour of a captive maid (v. 10-14). III. For the securing of the right of a first-born son, though he were not a favourite (v. 15-17). IV. For the restraining and punishing of a rebellious son (v. 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 (v. 22, 23).

Verses 1-9

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

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

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

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

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

Calvin's Commentary

1. If one be found slain in the land which the Lord thy God giveth thee to possess it, lying in the field, and it be not known who hath slain him;

1. Quum inventum fuerit cadaver hominis occisi in terra quam Jehova Deus tuus dabit tibi ut possideas eam, prostratum in agro, nec cognitum fuerit quis percusserit eum:

2. Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain.

2. Tunc egredientur seniores tui, et judices tui, et metientur usque ad civitates quae sunt in circuitibus cadaveris hominis illius occisi.

3. And it shall be, that the city which is next unto the slain man, even the elders of that city shall take an heifer, which hath not been wrought with, and which hath not drawn in the yoke;

3. Et seniores urbis, propinquioris urbis illi cadaveri occiso, capient vitulam de armento qua nemo usus fuerit, et quae non traxerit jugum.

4. And the elders of that city shall bring down the heifer unto a rough valley, which is neither card nor sown, and shall strike off the heifer's neck there in the valley:

4. Et adducent seniores ejus urbis vitulam ad vallem asperare, quae nunquam fuerit arata, neque seminata, et praecident cervicem vitulae illic in valle.

5. And the priests, the sons of Levi, shall come near; (for them the Lord thy God hath chosen to minister unto him, and to bless in the name of the Lord;) and by their word shall every controversy and every stroke be tried

5. Et accedent sacerdotes filii Levi (eos enim elegit Jehova Deus tuus ut ministrent ipsi, et ad benedicendum in nomine Jehovae: et juxta quorum sermonem erit omnis lis atque omnis plaga.)

6. And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley:

6. Et omnes seniores ejus urbis ubi accesserint ad cadaver hominis occisi, lavabunt manus suas super vitulam percussam in valle.

7. And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.

7. Et testificabuntur, ac dicent, Manus nostrae non effuderunt sanguinem istum, neque oculi nostri viderunt.

8. Be merciful, O Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them.

8. Expia populum tuum Israel quem redemisti Jehova, et ne imputes sanguinem innocentem in medio populi tui Israel: et expiabitur ab eis sanguis.

9. So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the Lord.

9. Tu autem auferes sanguinem innocentem e medio tui, quum feceris quod rectum est in oculis Jehovae.

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

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

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A Condensed Guide for Life
'My son, if thine heart be wise, my heart shall rejoice, even mine. 16. Yea, my reins shall rejoice, when thy lips speak right things. 17. Let not thine heart envy sinners: but be thou in the fear of the Lord all the day long. 18. For surely there is an end; and thine expectation shall not be cut off. 19. Hear thou, my son, and be wise, and guide thine heart in the way. 20. Be not among winebibbers; among riotous eaters of flesh: 21. For the drunkard and the glutton shall come to poverty: and drowsiness …
Alexander Maclaren—Expositions of Holy Scripture

Second Great Group of Parables.
(Probably in Peræa.) Subdivision D. Parable of the Lost Son. ^C Luke XV. 11-32. ^c 11 And he said, A certain man had two sons [These two sons represent the professedly religious (the elder) and the openly irreligious (the younger). They have special reference to the two parties found in the first two verses of this chapter --the Pharisees, the publicans and sinners]: 12 and the younger of them [the more childish and easily deceived] said to his father, Father, give me the portion of thy substance …
J. W. McGarvey—The Four-Fold Gospel

Jesus' Triumphal Entry into Jerusalem.
(from Bethany to Jerusalem and Back, Sunday, April 2, a.d. 30.) ^A Matt. XXI. 1-12, 14-17; ^B Mark XI. 1-11; ^C Luke XIX. 29-44; ^D John XII. 12-19. ^c 29 And ^d 12 On the morrow [after the feast in the house of Simon the leper] ^c it came to pass, when he he drew nigh unto Bethphage and Bethany, at the mount that is called Olivet, ^a 1 And when they came nigh unto Jerusalem, and came unto Bethphage unto { ^b at} ^a the mount of Olives [The name, Bethphage, is said to mean house of figs, but the …
J. W. McGarvey—The Four-Fold Gospel

Messiah Suffering and Wounded for Us
Surely He hath borne our griefs, and carried our sorrows: ..... He was wounded for our transgressions, He was bruised for our iniquities: the chastisement of our peace was upon Him; and with His stripes we are healed. W hen our Lord was transfigured, Moses and Elijah appeared in glory and conversed with Him. Had we been informed of the interview only, we should probably have desired to know the subject of their conversation, as we might reasonably suppose it turned upon very interesting and important …
John Newton—Messiah Vol. 1

Mothers, Daughters, and Wives in Israel
In order accurately to understand the position of woman in Israel, it is only necessary carefully to peruse the New Testament. The picture of social life there presented gives a full view of the place which she held in private and in public life. Here we do not find that separation, so common among Orientals at all times, but a woman mingles freely with others both at home and abroad. So far from suffering under social inferiority, she takes influential and often leading part in all movements, specially …
Alfred Edersheim—Sketches of Jewish Social Life

Third Stage of the Roman Trial. Pilate Reluctantly Sentences Him to Crucifixion.
(Friday. Toward Sunrise.) ^A Matt. XXVII. 15-30; ^B Mark XV. 6-19; ^C Luke XXIII. 13-25; ^D John XVIII. 39-XIX 16. ^a 15 Now at the feast [the passover and unleavened bread] the governor was wont { ^b used to} release unto them ^a the multitude one prisoner, whom they would. { ^b whom they asked of him.} [No one knows when or by whom this custom was introduced, but similar customs were not unknown elsewhere, both the Greeks and Romans being wont to bestow special honor upon certain occasions by releasing …
J. W. McGarvey—The Four-Fold Gospel

The Morning of Good Friday.
The pale grey light had passed into that of early morning, when the Sanhedrists once more assembled in the Palace of Caiaphas. [5969] A comparison with the terms in which they who had formed the gathering of the previous night are described will convey the impression, that the number of those present was now increased, and that they who now came belonged to the wisest and most influential of the Council. It is not unreasonable to suppose, that some who would not take part in deliberations which were …
Alfred Edersheim—The Life and Times of Jesus the Messiah

The Crucifixion.
Subdivision D. Jesus Found to Be Dead. His Body Buried and Guarded in the Tomb. ^A Matt. XXVII. 57-66; ^B Mark XV. 42-47; ^C Luke XXIII. 50-56; ^D John XIX. 31-42. ^d 31 The Jews therefore, because it was the Preparation, that the bodies should not remain on the cross upon the sabbath (for the day of that sabbath was a high day ), asked of Pilate that their legs might be broken, and that they might be taken away. [According to rabbinical writing a few hours before the Sabbath were called the Preparation; …
J. W. McGarvey—The Four-Fold Gospel

Deuteronomy
Owing to the comparatively loose nature of the connection between consecutive passages in the legislative section, it is difficult to present an adequate summary of the book of Deuteronomy. In the first section, i.-iv. 40, Moses, after reviewing the recent history of the people, and showing how it reveals Jehovah's love for Israel, earnestly urges upon them the duty of keeping His laws, reminding them of His spirituality and absoluteness. Then follows the appointment, iv. 41-43--here irrelevant (cf. …
John Edgar McFadyen—Introduction to the Old Testament